Definition of a Consumer:
According to the Consumer Protection Act, 2019, a consumer is defined as any person who:
- Buys any goods for consideration: A consumer includes an individual who purchases goods for a price or any other consideration. This encompasses the act of buying goods online, from physical stores, or through any other means of transaction.
- Avails any services for consideration: A consumer also includes a person who avails or hires services for a price or any other consideration. This covers various services such as repairs, maintenance, professional advice, healthcare, financial services, and more.
Criteria for Consumer Classification:
To determine whether an individual can be classified as a consumer under the Consumer Protection Act, 2019, the following criteria must be met:
- Personal Use or Commercial Purpose: The goods or services acquired by an individual must be for personal use, consumption, or utilization. If the goods or services are procured for commercial purposes, the individual may not fall under the definition of a consumer.
- Consideration: The acquisition of goods or services must involve consideration, which can be monetary or non-monetary. It is essential to establish that there was an exchange of value or some form of payment for the goods or services received.
Non-Consumer Entities:
While the Consumer Protection Act aims to safeguard the interests of consumers, it is crucial to identify who falls outside the consumer classification. Entities that typically do not qualify as consumers include:
- Commercial Entities: Businesses, companies, and organizations that purchase goods or avail services for commercial purposes are generally excluded from the consumer category.
- Professionals or Experts: Professionals such as doctors, lawyers, architects, and other experts who engage in contractual relationships based on their specialized knowledge or skills may not be considered consumers when seeking services related to their professional expertise.
- Statutory Bodies: Government departments, regulatory authorities, and other statutory bodies usually do not fall under the consumer definition when procuring goods or services in the course of their official functions.
At the Law Offices of Kr. Vivek Tanwar Advocate and Associates, we specialize in providing litigation support services for consumer-related matters. If you have any queries or require legal assistance pertaining to consumer services, do not hesitate to contact us. Our dedicated team is here to safeguard your consumer rights and provide you with effective legal representation.
Author : Advocate Anjali Bablani (D/3376/2016)