Who is Consumer? Discuss with the help of decided case laws.
Himanshu KulshreshthaElite Author
Asked: May 13, 20242024-05-13T08:33:46+05:30
2024-05-13T08:33:46+05:30In: Consumer Protection
Who is Consumer? Discuss with the help of decided case laws.
Share
Related Questions
- Discuss in detail the Consumer law Judgments related to โHousingโ.
- Discuss case laws related to water sports covered under the Consumer Protection Act.
- Discuss the case law of V. Krishna Kumar V. State of Tamil Nadu and others (Civil Appeal No.8065 of 2009) ...
- Discuss the Redressal Mechanisms provided under the Consumer Protection Act.
- Discuss the need for the enactment of Bureau of Indian Standards Act, 2016.
- Discuss the grounds for refund of Ticket Deposit Receipt (TDR) and Refund Rules prevalent in Railways?
- Discuss in detail the procedure and formalities for making various Insurance Claims.
- Discuss in detail the duties of Consumer.
A consumer is an individual or entity that purchases goods or services for personal use, consumption, or utilization, rather than for resale or commercial purposes. Consumer protection laws are designed to safeguard the rights and interests of consumers in transactions with businesses, ensuring fair treatment, safety, and satisfaction. Here's a discussion of the concept of a consumer with the help of decided case laws:
Definition of Consumer:
The definition of a consumer varies across jurisdictions, but generally includes anyone who engages in commercial transactions as the end-user or beneficiary of goods or services. Consumers may include individuals, households, businesses, or organizations that purchase products or services for personal, household, or business use.
Case Laws:
1. Lucknow Development Authority v. M.K. Gupta (1994):
In this case, the Supreme Court of India defined a consumer as "one who buys goods or hires services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment." The court emphasized that the definition of a consumer under the Consumer Protection Act, 1986 is broad and inclusive, covering a wide range of transactions involving goods and services.
2. Maharashtra State Electricity Board v. Official Liquidator, High Court, Bombay (2000):
In this case, the Supreme Court of India held that the term "consumer" under the Consumer Protection Act, 1986 includes not only those who purchase goods or services but also those who use or avail of such goods or services by any means, including hiring, leasing, or borrowing. The court emphasized that the focus is on the ultimate beneficiary or end-user of the goods or services, regardless of the manner of acquisition.
3. State of Punjab v. M/s. Batra Enterprises (2009):
In this case, the National Consumer Disputes Redressal Commission (NCDRC) clarified that even entities engaged in commercial or industrial activities can be considered consumers under the Consumer Protection Act, 1986 if they purchase goods or services for their own use or consumption, rather than for resale or commercial purposes. The NCDRC emphasized that the Act aims to protect the rights of all consumers, irrespective of their legal status or organizational form.
4. M/s. Deepak Builders and Suppliers v. Satish Goel (2018):
In this case, the Supreme Court of India reiterated that the definition of a consumer under the Consumer Protection Act, 1986 is expansive and includes not only individuals but also legal entities such as companies, partnerships, associations, or trusts that purchase goods or services for personal, household, or business use. The court emphasized that the Act seeks to promote consumer welfare and redressal of grievances across all sectors of the economy.
In summary, the concept of a consumer encompasses individuals, households, businesses, and organizations that purchase or utilize goods or services for personal, household, or business purposes. Decided case laws provide clarity and interpretation of the definition of a consumer under consumer protection laws, emphasizing inclusivity and protection of consumer rights in diverse transactions and contexts.