2.
MEANING AND CONCEPT OF CONSUMER PROTECTION
Who is a consumer?
A consumer is a person who hires or avails of any services 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 services other than the person hires or avails of the
services for consideration paid or promised, or under any system of deferred payment, when
such services are availed of with the approval of the first mentioned person. This definition is
wide enough to include a patient who merely promises to pay. But does not include a person
who avails of such services of any commercial purpose.3
Section. 2(d) of the Consumer Protection Act, 1986) According to this definition, a
person to be a consumer of goods should satisfy that –
The goods are bought for consideration. Any person who uses the goods with the approval of
the buyer is a consumer. Any person who obtains the goods for resale or commercial
purposes is not a consumer.
Person buying goods for self-employment is a consumer. A person is a consumer of services
if – The services are hired or availed of. Consideration must be paid or payable. Beneficiary
of services is also a consumer. 4Goods are those products which are manufactured or
3
Explanation section 2 (d) Consumer Protection Act, 1986.
4
Indian Medical Association Versus V.P. Shantha & Ors on 13 November, 1995 (1996 AIR 550, 1995 SCC (6)
651
produced and sold to consumers through wholesalers and retailers. Service means service of
any description which is made available to the potential user with respect to the provision of
facilities in connection with banking, finance, insurance, transport, supply of electrical or
other energy, housing, construction, water supply, health, entertainment, amusement etc. It
does not include any service rendered free of charge or under a contract of personal service.
Consumer Rights
The purchase of goods and services entitles the consumer to certain rights which are as
follows1 – I) Right to Safety
A consumer has the right to safety against such goods and services that are hazardous to his
health, life and property. For example, counterfeit and substandard drugs; appliances made of
low quality raw material, such as iron, pressure cooker, etc. and low quality food products
like bread, milk, jam, butter, etc. The consumers have the right to safety against the loss
caused by such products. 2
II) Right to be informed
A consumer has the right to be provided with all the information on the basis of which he
decides to buy goods or services. Such information may relate to quality, purity, potency,
standard, date of manufacture, method of use, etc. of the commodity. Thus, a producer is
required to provide all these information in a proper manner, so that the consumer is not
cheated.3
1 [Link] ( assessed on 01-05-2017)
2 M. Krishnan Nair, “Quality Control: Conditions and Warranties in Sale of Goods” in Leelakrishanan, ed.,
Consumer Protection & Legal Control (Lucknow: Eastern Book Company, 1981) 143
3 Supra note 14, ss. 55-61
III) Right to choose
A consumer has the absolute right to buy any goods or services of his choice from among the
different goods or services available in the market. In other words, no seller can influence his
choice in an unfair manner. If any seller does so, it will be deemed as interference in his right
to choice.
IV) Right to be heard
A consumer has the right that his complaint be heard. This right also empowers the
consumers to fearlessly voice their complaints against the defective products and the erring
producer/company /seller.
V) Right to seek redressed
This right provides compensation to the consumers against unfair trade practice of the seller.
For instance, if the quantity and quality of the product do not conform to those promised by
the seller, the buyer has the right to claim compensation. Several redressals are available to
the consumer by way of compensation, such as free repair of the product, taking back of the
product with refund of money, changing of the product by the seller. 6) Right to consumer
education - It means to have access to programs and information that help consumers make
better decisions before and after purchase. Instructions and guidelines for consumers are
issued by the government departments and NGOs.
