WHO IS NOT 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.
Who is not Consumer?
- Cheema Engineering Services Vs. Rajan Singh[1]: A proprietary concern established under employment guarantee scheme purchased machine for carrying on business of manufacture of machine parts. Purchaser entered into agreement with company for supply of certain parts to be used by company in its product. Machinery was supplied beyond stipulated time and was also defective. It was held that in facts and having regard to nature and character of machine, the machine purchased was not goods purchased by purchaser for use by himself exclusively for purpose of earning his livelihood by means of self-employment. Thus purchaser was not consumer.
- Ram Singh Vs. Branch Manager, Kores India Ltd[2].: In this case Rajasthan High Court held that Photocopier for commercial purpose is not a 'consumer'.
- Network Ltd. Vs. Vijay Prakash Goyal (1998)[3]: In this case High Court U.P. held that purchase of ultra sound scanner machine is not a 'Consumer'
- Assistant Manager, BPL India Vs. S.R. Tushar[4]: In this case Court held that purchase of V.C.R. for running video parlor is not a 'Consumer'.
Conclusion: The Consumer as the term implies is one who consumes, as per the definition. Consumer is the one who purchase goods for private i.e. for personal use or consumption.
[1] (1996) 1 SCC, 131
[2] (2001) 1 CPJ 480 (Rajasthan)
[3] (1998)3 CPJ 674 (UP)
[4] (1991) 1 CPJ 155
