Monday, December 22, 2008

WHO IS CONSUMER

The Consumer Protection Act is for "Consumer". Here question arises who is Consumer. The Act itself gives the definition of Consumer only those who falls into the definition of Consumer given in Act can take benefit of this Act - This definition is some what different than dictionary/literal meaning. It also specifically excludes some kind of consumers from its preview.
The definition of Consumer is given in two parts:
1) Consumer of Goods
2) Consumer of Services
The basic features of consumer definition is :
i) The Goods or Services must not be free. Some consideration (Price) should be paid for them. It includes purchase on credit or part payment or in installments.
ii) Second important feature is that it is not necessary that only purchase is consumer - Condition is that Goods/Services are brought for consideration - Definition of Consumer clearly states that any person through consideration is not paid by him but if he uses Goods with the consent of Purchaser or is beneficiary is also a Consumer i.e. A purchase some goods and gifted to B here B is also a consumer. A telephone connection in the name of father used by son here son is also consumer.
iii) Third important feature is that it excludes commercial dealings or goods purchased for resale from the definition of consumer with exception of goods and services purchased for self employment - It means reseller and commercial dealings except for self employment can not take benefit of Consumer Protection Act.
For more clarity the reader should know that it is not necessary that purchaser is commercial concern but such goods and services should be used for commercial purpose. For example if a commercial concern purchases a Car for the use of its own staff, it did not uses that Car as a Taxi or hiring to others etc. then such use can not be termed as commercial. The purchaser of such car though a commercial concern but here he is consumer because car is not used for commercial purpose.

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