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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 12, 20242024-05-12T15:17:59+05:30 2024-05-12T15:17:59+05:30In: Consumer Protection

Who is a Consumer? Discuss in detail with the help of case laws.

Who is a Consumer? Discuss in detail with the help of case laws.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-12T15:18:24+05:30Added an answer on May 12, 2024 at 3:18 pm

      A consumer, in the context of business and legal terms, refers to an individual or entity that purchases goods or services for personal use or consumption. The definition of a consumer can vary based on jurisdiction and legal interpretation. However, several case laws provide insight into the definition and rights of consumers.

      One landmark case that significantly influenced consumer protection laws is the case of Donoghue v. Stevenson (1932) in the United Kingdom. In this case, Mrs. Donoghue consumed a bottle of ginger beer that was manufactured by Stevenson. Unknown to her, a decomposed snail was present in the bottle, which made her ill. The House of Lords held that Stevenson owed a duty of care to Mrs. Donoghue, even though there was no direct contractual relationship between them. This case established the principle of "duty of care" owed by manufacturers and sellers to consumers, laying the foundation for modern consumer protection laws.

      Similarly, in the United States, the case of MacPherson v. Buick Motor Co. (1916) established the principle of "strict liability" in product liability cases. In this case, MacPherson purchased a car manufactured by Buick Motor Co., and the car's wheel collapsed due to a defective part, causing injuries to MacPherson. The court ruled that Buick Motor Co. was liable for the injuries caused by the defective product, even though there was no direct contractual relationship between the parties. This case expanded the liability of manufacturers to consumers beyond contractual relationships, emphasizing the importance of product safety and quality.

      In India, the Consumer Protection Act, 1986 provides a comprehensive framework for consumer rights and protection. The case of Lucknow Development Authority v. M.K. Gupta (1994) highlighted the broad definition of a consumer under the Consumer Protection Act. The Supreme Court of India held that a person who hires or avails of services for consideration is also considered a consumer under the Act, irrespective of whether the service is for commercial or personal purposes. This case expanded the scope of consumer protection to include a wide range of services and transactions, ensuring that individuals availing services are also entitled to consumer rights and remedies.

      In summary, a consumer is an individual or entity that purchases goods or services for personal use or consumption. Case laws such as Donoghue v. Stevenson, MacPherson v. Buick Motor Co., and Lucknow Development Authority v. M.K. Gupta have played pivotal roles in defining and expanding consumer rights and protections worldwide. These cases emphasize the importance of ensuring product safety, quality, and accountability in transactions between consumers and businesses.

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