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sunny (lawyer)     30 November 2008

consumer

What is the  definition  of  consumer  in legal sense ?

can a retail shopkeeper file a complaint in consumer forum, against any company,  who sales various product of that company in his daily business activity.    



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 3 Replies

Shambasiv (n/a)     10 December 2008

 "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 then 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 wo avails of such services for any commercial purpose];





Explanation. For the purposes of this sub-clause "commercial purpose" does not include use by a consumer 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;]



Rajneesh Malhotra (Advocate)     23 March 2009

Therefore, a shopkeeper who is running a  commercial enterprise cannot file a consumer complainat...

Y V Vishweshwar Rao (Advocate )     23 March 2009

Mr Sambashiv & Mr Malhotra Views are correct 


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