Person, Goods, Service

Person or Consumer

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 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 services for any commercial purposes.

(i) One who buys or agrees to buy any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment

(ii) It includes any user of such goods other than the person who actually buys goods and such use is made with the approval of the purchaser.

EXCEPTION: A person is not a consumer if he purchases goods for commercial or resale purposes. However, the word “commercial” does not include use by consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment.

For the purpose of “services”, a “consumer” means a person belonging to the following categories:

(i) One who hires or avails of any service or services for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment

(ii) It includes any beneficiary of such service other than the one who actually hires or avails of the service for consideration and such services are availed with the approval of such person.

Example of services includes: banking, insurance, transport, processing, housing construction, supply of electrical energy, entertainment, board or lodging etc.

Services as per sec 2(1)(o) of Consumer Protection Act, and MRTP Act means and includes banking, financing, insurance, transport, processing, supply of electric energy, board or lodging or both, entertainment, amusement or purveying of news or other information. Exclusion- those rendered free of charge or personal services.

Goods

For the purpose of “goods”, a consumer means a person belonging to the following categories:

(i) One who buys or agrees to buy any goods for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment

(ii) It includes any user of such goods other than the person who actually buys goods and such use is made with the approval of the purchaser.

Services

“2(l)(o) ‘Service‘ means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or loding or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service“.

Characteristics of Services:

(i) Two party process:

there has to be a service provider and service recipient.

(ii) It has to be intangible and invisible, i.e., it cannot be seen or touched.