(1.) The key question which falls for consideration is, whether Section 13(1)(a) of the Consumer Protection Act, which runs as follows,
(2.) The complaint itself mentions about a judgment rendered by a Bench consisting of three judges of the Supreme Court reported in Dr. J. J. Merchant & Ors. Vs. Shrinath Chaturvedi, 2002 3 CPJ 8, wherein it was held :
(3.) The counsel for the complainants has also cited another authority reported in Shaleem Bhai and Ors. Vs. State of Maharashtra and Ors., 2003 AIR(SC) 759 wherein it was held: