Consumers are people who buy and use goods or services. Consumers have a right to file a complaint for any of the services or goods used by them under Consumer Protection Law. Under Consumer Protection Law, a ’consumer’ means:
Person buying and using goods and services: A consumer includes any person who buys goods and services, as well as anyone who uses them. For instance, a person who watches a movie after buying a movie ticket is a consumer and similarly, a person who uses a gift voucher gifted from someone else is also a consumer.
Person using goods for self-employment, and not for commercial purposes: The consumer protection law does not apply to people who use goods and services for commercial purposes. However, there are some exceptions to this. For example, people who use goods for self-employment are considered as consumers. For example, artists who buy art supplies for their work or beauticians who buy beauty products are consumers.
Person using online facilities: A consumer also includes any person who buys or hires goods or services online. For example, if you order from an online clothes website, you are a consumer.
People facing issues related to food: Consumers also include people who may be facing issues related to food items, such as adulteration, poor quality, width of service, etc. For instance, issues related to food can cover problems across a wide range of products, starting from water that goes into the production of items like juices as well as the sale of animals like chicken, mutton etc. that are expressly intended for human consumption.
Kalpavruksha Charitable Trust runs a hospital. The hospital charges a fee from its patients, which is 30% less than the commercial rate for services and medical devices. The hospital purchased a pacemaker from St. Rude’s, a global manufacturer, to be resold to patients. Which of the following statements is correct?
Correct Answer :
The hospital resells the pacemakers to patients and therefore cannot be considered as a consumer with respect to the pacemakers purchased from St. Rude’s.
Solution :
The correct answer is: The hospital resells the pacemakers to patients and therefore cannot be considered as a consumer with respect to the pacemakers purchased from St. Rude’s.
Step-by-Step Explanation:
1. Understanding the Definition of a 'Consumer':
Based on the provided passage, Consumer Protection Law defines a consumer as any person who buys and uses goods or services for personal use or self-employment. Crucially, the text explicitly specifies: "The consumer protection law does not apply to people who use goods and services for commercial purposes."
2. Analyzing the Hospital's Role:
In this scenario, Kalpavruksha Charitable Trust (running the hospital) purchased a pacemaker from St. Rude's to be resold to patients. Even though the hospital charges a discounted fee (30% less than the commercial rate), the pacemakers were acquired with the purpose of reselling/providing them onward to patients rather than for the hospital's own final end-use or self-employment.
3. Conclusion:
Because purchasing goods to resell them to others constitutes a commercial transaction/purpose under Consumer Protection Law, the hospital does not qualify as a "consumer" regarding its purchase from St. Rude’s. Therefore, the statement "The hospital resells the pacemakers to patients and therefore cannot be considered as a consumer with respect to the pacemakers purchased from St. Rude’s" is correct.
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