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Who is a consumer?

(Querist) 07 November 2013 This query is : Resolved 
Is freight forwarding a commercial service or is a freight forwarder or specifically can an IATA agent sue the airlines for the loss incurred due to the delay in service of the airline under consumer protection act as a consumer? Please give me a specific answer.
Nadeem Qureshi (Expert) 07 November 2013
Dear Querist
as per Section 2 (d) of Consumer protection Act the definition of Consumer is as under:
(d) "consumer" means any person who—
(i) 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
(ii) 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;
Explanation.— For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment;
Prashanth (Querist) 07 November 2013
Thank you for the above answer but I request you to give me a more specific answer to my query; Is a freight forwarder a consumer, I regret to inform you that I'm not certainly able to pick the grounds to establish the fact that freight forwarding is a non-commercial service and a freight forwarder is also a consumer.
Rajendra K Goyal (Expert) 07 November 2013
Academic query.
V R SHROFF (Expert) 07 November 2013
AQ by student
Sarvesh Kumar Sharma Advocate (Expert) 07 November 2013
Repeted query
Prashanth (Querist) 08 November 2013
Sir this is for a practice moot... And Im a student from the School of Law Christ University.


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