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Who is a Consumer?

A Consumer is a person who purchases a product or avails a service for a consideration, either for his personal use or to earn his livelihood by means of self-employment.

What are goods?

The Consumer Protection Act does not define the term ‘Goods’ It says that - “goods” means goods as defined in the Sale of Goods Act, 1930.

Section 2(7) of the Sale of Goods Act, 1930, defines ‘goods’ as - “Goods means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.”

The definition reveals that—

(a) Goods must be movable;

(b) Things attached to or forming part of land which can be severed satisfy the movability criteria;

(c) Actionable claim and Money have been specifically excluded from definition of goods.

What are services?-

Section 2(1)(o) of the Act provides that “service” means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or loading or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.

Service may be of any description and pertain to any sector if it satisfy the following criteria:

1. service is made available to the potential users, i.e., service not only to the actual users but also to those who are capable of using it.

2. it should not be free of charge, e.g., the medical service rendered free of charge in Government hospital is not a service under the Act;

3. it should not be under a contract of personal service.

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