WHO IS CONSUMER?

Introduction:             The Consumer Protection Act is enacted in 1986 and come into force in the whole India except the Jammu and Kashmir on 15 April 1987.  The main purpose of this Act is to protect the interest of the consumers better. The importance of the Act lies in promoting welfare of the society by enabling the consumer to participate directly in the market economy.

Who is Consumer?

1. Basanta Kumar Sahoo Vs. Chief Commercial Manager[1] : It was held by Orissa High Court in this case that a Railway Passenger is a 'Consumer'.

2. Delhi Law Times Office Vs. Jagdish Prasad[2]: In this case Patna High Court held that Subscriber of a Law Reporter is not a 'Consumer'

3. Jagdish Prasad Dagar Vs. Senior Divisional Manager,LIC[3]: In this case court held that a nominee under a policy of Life Insurance is a 'Consumer'.               

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4. Sub-Divisional Officer, H.S.E.B.Vs. Sita Ram[4]: In this case court held that a person using electricity for a commercial purpose is a 'Consumer'.

5. Dharma Chand Vs. Mandeep Gas Service[5]: A person registering himself for release of L.P.G. connection with the distributor is a "consumer", though at that time he pays nothing and the payment s deferred till the time of release of gas connection.

6. Shri Lakshmi Narayan Rice mill Vs. Food Corporation of India[6]: A person who purchased large quantity of rice, cannot considered as a "consumer", as such a large quality cannot be for self-consumption but for re-sale.  

Conclusion:                The consumer as the term implies is one who consumes, as per the definition.  Consumer is the one who purchases goods for private use or consumption.  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.

[1] (1998)3 CPJ 286 (Orissa).

[2] (1996) 2 CPJ 78 (Bihar)

[3] (1992) 2 CPJ 493 (NC)

[4] (1992) 2 CPJ 819 (Haryana)

[5] (1993) 2 CPJ 985 (Punjab)

[6] (1996) 1 CPJ 161 (NC)