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Who is Consumer ?

July 12, 2012 By Legal Solutions

Who is a Consumer ? 
It is necessary to satisfy the definition of a Consumer, for any person to take any action under Consumer Protection Act, 1986.

According to Section 2(d) of Consumer Protection Act, 1986, “consumer” means any person who—
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly prom­ised, or under any system of deferred payment and includes any beneficiary of such services other than the person who ‘hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes;

In short, a consumer is a person who buys or hires any goods or services for a consideration. That is, either you can be Consumer/Buyer of Goods or Consumer/Buyer for Services.
Therefore, you are a ‘Consumer’:
1. If you have paid for the purchase of goods or hiring of services, i.e. free services are not covered under the Act. Though they have been purchased on credit or partly paid or in installment. And it includes beneficiary/user of goods.
2. Secondly, it excludes a person who buys or hires for commercial purpose/activity and not for self-consumption.
But if you have paid for anything for self consumption, and not hired or purchased for selling it further or to be deployed in a commercial activity on a large scale, then you would still be a ‘Consumer’ as was held in Laxmi Engineering Works vs P.S.G. Industrial Institute on 4 April, 1995.

Filed Under: Consumer Guide

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