The Consumer Protection Act - 1986

THE CONSUMER PROTECTION ACT, 1986

CONSUMER:

A consumer for the purpose of goods means any person, who

a) Buys any goods for consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment.

b) Includes, any user of such goods other than the person who buys them when such is made with the approval of the buyer.

The person claiming himself as ‘consumer’ should satisfy that

i) there must be a sale transaction between the seller and the buyer.

ii) the sale must be of goods.

iii) the buying of goods must be for consideration.

iv) the consideration has been paid or promised or partly paid and partly promised or under any system of deferred payment.

v) the user of the goods may also be a consumer when such use is made with the approval of the buyer.

WHO IS NOT A CONSUMER :

A person is not a consumer if he obtains goods for resale or for any commercial purpose.

When a manufacturer sells the goods to the wholesaler ,who in turn sells the goods to the retailer, the wholesaler will be excluded from the definition of the word ‘consumer’ as he brought the goods for ‘resale’ or for commercial purpose. “A person buying the goods for resale or for commercial purposes , even if for consideration ,is not a consumer.”

CONSUMER DISPUTE:

What is a consumer dispute?

Sec 2 ( 1 ) ( e ) “Consumer Dispute” means a dispute where the person against whom a complaint has been made , denies or disputes the allegations contained in the complaint .

Who can be a complainant ?

“Complainant” means

1. a consumer or ,

2. any voluntary consumer association registered under the Companies Act , 1956 or under any other law for the time being in force or

3. the central govt. or any state govt. who or which makes a complaint or

4. one or more consumers, where there are numerous consumers having the same interest .

A person seeking redressal of his complaint , must come within any of the above mentioned categories , otherwise he has no Locus Standi to proceed with the case before the consumer Redressal Forum .

What is a complaint ?