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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 13, 20242024-05-13T09:02:48+05:30 2024-05-13T09:02:48+05:30In: Consumer Protection

Who is Consumer? Discuss with the help of decided case laws.

Who is Consumer? Discuss with the help of decided case laws.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-13T09:03:11+05:30Added an answer on May 13, 2024 at 9:03 am

      A consumer is generally defined as an individual or entity that purchases goods or services for personal use, consumption, or utilization. Consumer protection laws aim to safeguard the rights and interests of consumers in their interactions with sellers, service providers, and manufacturers. The definition of a consumer may vary depending on the specific context and legal framework of a jurisdiction. Here's a discussion of the concept of a consumer with the help of decided case laws:

      1. LIC of India v. Consumer Education and Research Centre (1995):
        In this landmark case, the Supreme Court of India defined a consumer as "one who hires or avails of any services for a consideration which may be paid or promised or partly paid and partly promised under any system of deferred payment." This broad definition encompasses not only purchasers of goods but also individuals who avail of services in exchange for consideration.

      2. Haryana Financial Corporation v. Jagdamba Oil Mills (2002):
        The Supreme Court of India held that the term "consumer" under the Consumer Protection Act, 1986, includes a person who hires or avails of any services for a consideration, whether paid or promised. The court emphasized that the Act should be interpreted liberally to achieve its objectives of protecting consumer rights.

      3. Vikas Sales Corporation v. Commissioner of Commercial Taxes (2003):
        In this case, the Kerala High Court ruled that a person who purchases goods or services for commercial purposes is also considered a consumer under the Consumer Protection Act, 1986. The court held that the Act does not differentiate between consumers who purchase goods for personal use and those who buy for commercial purposes.

      4. National Insurance Co. Ltd. v. M/s Swaran Singh (2004):
        The Supreme Court of India clarified that the term "consumer" under the Consumer Protection Act, 1986, includes a beneficiary of services provided by an insurance company. The court held that insurance policyholders are consumers entitled to protection under the Act.

      5. Indian Medical Association v. V.P. Shantha (1995):
        In this case, the Supreme Court of India held that patients who receive medical services from hospitals or healthcare providers are consumers under the Consumer Protection Act, 1986. The court emphasized the importance of protecting patients' rights and ensuring accountability in the healthcare sector.

      These case laws highlight the broad and inclusive definition of a consumer under consumer protection laws. Consumers encompass not only individuals who purchase goods for personal use but also those who avail of services, including commercial entities and beneficiaries of services provided by professionals or organizations. The overarching objective of consumer protection laws is to ensure fairness, transparency, and accountability in transactions between consumers and sellers or service providers.

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