IntroductionWho is a consumer1.2
) of the Consumer Protection Act says thatconsumer means any person who—(
) buys any goods for a consideration which has been paidor promised or partly paid and partly promised, or underany system of deferred payment, and includes any user of such goods other than the person who buys such goods forconsideration paid or promised or partly paid or partlypromised, or under any system of deferred payment whensuch use is made with the approval of such person, butdoes not include a person who obtains such goods forresale or for any commercial purpose; or(
) hires or avails of any services for a consideration whichhas been paid or promised or partly paid and partly prom-ised, or under any system of deferred payment, andincludes any beneficiary of such services other than theperson who hires or avails of the services for considerationpaid or promised, or partly paid and partly promised, orunder any system of deferred payment, when suchservices are availed of with the approval of the firstmentioned person;
—For the purposes of the sub-clause (
),“commercial purpose” does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment.
Consumer of goods
- The provision reveals that aperson claiming himself as a consumer of goods should satisfythat—
THE GOODS ARE BOUGHT FORCONSIDERATION -
There must be a sale transaction between aseller and a buyer; the sale must be of goods; the buying of goods must be for consideration.
ANY PERSON WHO USE THE GOODS WITH THEAPPROVAL OF THE BUYER IS A CONSUMER- When aperson buys goods, they may be used by his family members,relatives and friends. Any person who is making actual use of the goods may come across the defects in goods.
: A purchased a scooter which was in B’s possessionfrom the date of purchase. B was using it and taking it to theseller for repairs and service from time to time. Later on B hada complaint regarding the scooter. He sued the seller. Theseller pleaded that since B did not buy the scooter, he was nota consumer under the Act. The Delhi State Commission heldthat B, the complainant was using it with the approval of A,the buyer, and therefore he was consumer under the Act.[
Bajaj Auto Ltd.
(1992) III CPJ 272]
This is an exception to the general rule of law that astranger to a contract cannot sue