Consumer
Under the Consumer Protection Act, 1986, any person who buys goods or hires services for consideration, including a user or beneficiary, but not someone buying or availing for resale or commercial purpose.
In plain language
Not everyone who deals with a business counts as a consumer in the eyes of the law. The Consumer Protection Act, 1986, gives the word a precise legal meaning, so that its protections apply to the right people.
Broadly, a consumer is anyone who pays for goods or pays for services, for their own or their family's use — but the Act specifically leaves out someone who is really buying for resale or for a commercial purpose, since they are not the vulnerable end-user the law is meant to protect.
How it works
The Consumer Protection Act, 1986, defines 'consumer' to include, on the goods side, anyone who buys goods for consideration, whether paid, promised, partly paid, or under deferred payment, and also any other user of those goods, as long as that use has the buyer's approval. On the services side, it similarly covers anyone who hires or avails services for consideration, and any beneficiary of those services used with the original hirer's approval.
Both sides carry the same exclusion: a person who buys goods for resale, or avails services for a commercial purpose, does not count as a consumer under the Act. The Act's purpose is stated directly: better protection of the interests of consumers, including setting up consumer councils and other authorities to settle consumer disputes.
A worked example
Anjali buys a laptop for her home use, paying the full price upfront — she is clearly a consumer under the Act.
Her cousin Rohit buys 50 identical laptops at a bulk discount, intending to resell them through his own electronics shop. Even though Rohit also buys goods for consideration, the resale exclusion in the Act's definition means Rohit does not count as a consumer for this purchase — he cannot invoke the Consumer Protection Act's remedies against the laptop seller the way Anjali could, because his purchase was for a commercial, resale purpose rather than personal use.
Why NISM asks about it
Chapter 20 (Grievance Redress Mechanism), section 20.1, 'Consumer Protection Act', gives this definition in full as the basis for the grievance redress mechanisms covered in the rest of the chapter, including the Consumer forum route mentioned later for NBFC deposit disputes. Expect a question that gives a purchase scenario and asks whether the buyer qualifies as a 'consumer' under the Act — the resale and commercial-purpose exclusion is the usual test.
Common exam traps
- The exclusion is for resale or commercial purpose, not for the size of the purchase — a large personal purchase does not lose consumer status, but even a small purchase for resale does.
- A user or beneficiary of goods or services, not just the person who directly paid, can also count as a consumer, as long as the use or benefit has the original buyer's approval.
- This definition matters beyond investment advice — the workbook later notes that complaints about non-repayment of NBFC deposits can also be taken to a Consumer forum, tying this definition into the wider grievance redress chapter.
Check yourself
1.Under the Consumer Protection Act, 1986, who is EXCLUDED from the definition of a consumer?
- a)A person who has paid only part of the consideration
- b)A person who obtains goods for resale or for any commercial purpose
- c)A user of goods who did not buy them but uses them with the buyer's approval
- d)A beneficiary of a service hired by another person with that person's approval
Show the answer
Answer: (b) A person who obtains goods for resale or for any commercial purpose
The definition expressly does not include a person who obtains such goods for RESALE OR FOR ANY COMMERCIAL PURPOSE, or who avails services for any commercial purpose. By contrast, consideration may be paid or promised, partly paid and partly promised, or under any system of deferred payment, and the definition includes any user or beneficiary other than the buyer, when such use is made with the approval of such person.
Where this is taught
Free preparation for NISM Series X-ARelated terms
- SCORESSEBI's centralised web-based system for processing investor complaints, on which the company or intermediary must upload an Action Taken Report and the investor can watch the status online.
- Online Dispute ResolutionThe MII-administered process — pre-conciliation, conciliation, then arbitration — through which investor disputes with portfolio managers are resolved online via the SMART ODR portal.
- Investors Grievance DivisionThe department of a stock exchange that investors approach to resolve complaints against its trading members, working with the member and the complainant before any escalation to SEBI SCORES.
- Banking OmbudsmanA person appointed by the RBI to resolve complaints from banking customers about services offered by banks, including credit cards issued by banks and NBFCs.
- Escalation mechanismThe route a complainant can take to have a grievance looked at again by someone independent, once the first response from the entity they complained to has not resolved it satisfactorily.