Who is Consumer ?

Who is Consumer ?

Jul 12, 2012

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.

Your may like to check Consumer Guide section:

6 comments

  1. B Hussain /

    Am I consumer as per consumer protection act, if –

    I took franchise of a certain company to open a Computer Training Centre in my town. I opened the centre and started enrolling student. After one year, the company cancelled my franchise without notice. I want to take action. Can I go to Consumer forum. Am I a consumer in this case?

    • Mr Hussain, no as this is a commercial transaction, it will have to proceed in a civil court. Consumer Courts have no jurisdiction in case of commercial transactions.

  2. Raza /

    can someone please answer this question that if i have paid to hire the services of a service provider for my relative whether i can come within the definition of a consumer or not?????

    • In such a matter, you will be a consumer and your relative would be a beneficiary and both can jointly file the complaint as complainants with a consumer forum.

  3. Bhawna varshney /

    Thanks 4 ur information

  4. We had dealed a part of land in delhi,and paid 80% payment.
    We paid momey by cheque since april 2012
    Now party neither give me money nor plot
    ,we have no any prpof without bank statement,
    Kindly guide me ,what to do for this problem.

    Thanks
    Ranjit Roy

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