Question
Which of the following persons would NOT be considered a
"consumer" under Section 2(7) of the Consumer Protection Act, 2019?ÂSolution
Section 2(7) defines consumer as any person who buys goods for personal use or avails services for personal consumption, but explicitly excludes persons who obtain such goods or avail such services for resale or for any commercial purpose. The definition includes approved beneficiaries and extends to online, teleshopping, direct selling, and multilevel marketing transactions. A wholesaler purchasing goods for resale is excluded because their primary purpose is commercial gain, not personal consumption. This distinction is critical in determining jurisdiction of consumer courts and the applicability of consumer protection remedies. The Supreme Court has consistently held that the commercial purpose test is applied objectively, based on the nature and primary intent of the transaction.
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