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.
Jitesh Shah purchased from BreatheEasy a nebuliser device for his son, Jignesh Shah, for nasal passage clearance. The device was defective and caused respiratory distress. Jignesh wants to file a complaint against BreatheEasy. Which is correct?
Correct Answer :
Since Jignesh Shah is a user of the device, he can be considered a consumer.
Solution :
The correct answer is: Since Jignesh Shah is a user of the device, he can be considered a consumer.
Step-by-Step Explanation:
1. Understanding the Definition of a Consumer:
According to the provided passage under Consumer Protection Law, a consumer includes not only the person who purchases goods or services but also anyone who uses them. For example, using a gifted voucher makes a person a consumer even if they did not personally buy it.
2. Analyzing the Case of Jignesh Shah:
In the given scenario, Jitesh Shah purchased the nebuliser device from BreatheEasy for his son, Jignesh Shah. Even though Jitesh made the actual purchase, Jignesh is the end user of the device.
3. Applying the Law:
Since Consumer Protection Law explicitly extends protection to any person who uses the goods or services, Jignesh Shah qualifies as a consumer by virtue of being the user of the nebuliser. Therefore, he has the right to file a complaint against BreatheEasy for the defective product.
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