CONSUMER

Introduction:             The Consumer Protection Act, 1986provided for better protection for the interest of consumers and for that purpose to make provision for the establishment of Consumer Councils and other authorities for the settlement of consumer's disputes and for matter connected therewith.  The Act has been amended in the year 1991, 1993 and 2002.  This Act was enacted as a result of widespread consumer protection movement.  The Consumer Protection Act, 1986 is one of the benevolent pieces of legislation intended to a large body of consumer from exploitation.

Definition:                  Section 2 of Consumer Protection Act, 1986 deals with the provisions of definitions.  The definition of consumer is given in Section 2 (1) (d) of this Act.

Consumer means any person who - 

• buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
• (hires or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who (hires or Aviles of) the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person (but does not include a person who avails of such services for any commercial purpose.

Explanation:              For the purpose of this clause, "Commercial Purpose" does not include use by a person of goods bought and used by him and services availed by him exclusively for the purpose of earning his livelihood by means or self-employment.  

Conclusion:                Person who buys goods and uses them himself, exclusively for purpose of earning his livelihood by means of self-employment is within the definition of expression 'Consumer'.  Question whether purpose for which person has bought goods is a 'commercial purpose' within meaning of definition of 'consumer' is question of fact.  It is to be decided in facts and circumstances of each case.