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"Think You are a Consumer? The Law May Say Otherwise!"

 Are You Really a Consumer Under the Consumer Protection Act, 2019?


When we think of the term consumer, we always think it refers to everybody who purchases something. However, in a legal sense, the concept is far more detailed. Under the Consumer Protection Act of 2019, not everyone who buys products or services is automatically protected. So, are you actually a consumer under the law?

According to Section 2(7)(a) of the Consumer Protection Act, 2019:

"consumer" means any person whobuys 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,However, this section does not includea person who obtains such goods for resale or for any commercial purpose or hires or avails of any service for a consideration that has been paid or promised or partly paid and partly promised, or under any system of deferred payment, and includes any beneficiary of such service other than the person who hires or avails 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 service for any commercial purpose.
Lets break it downYou are a consumer if:Let's suppose A buys something (like clothes, electronics, or groceries) for personal use.

You pay in full, partially, or under EMI or installment schemes; it doesn't matter.


You are not a consumer if:

You buy products to resell them.

You purchase goods for business use (e.g., buying machinery for a factory).


You are not a consumer if:

You have a school or a company and bought a bus or car for commercial use.

Exception:
If you're using goods for self-employment, like

A tailor buying a sewing machine for personal tailoring work

A cab driver buys a car to drive independently for earnings or a commercial vehicle owned by a non-profit organization.
Then you are still a consumer under the Consumer Protection Act, 2019.

Why Does This Definition Matter?

Only a consumer, according to this definition, can

Make a complaint in a consumer forum.

Claim compensation for defective goods or services.

Enforce rights under the Consumer Protection Act.


If your transaction does not come within this legal description, your complaint may be dismissed for lack of jurisdiction.

Written by
Shivvay Dhuperr
Advocate & Legal Blogger

 











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