Definition of consumer interpreted

The definition of ‘consumer’ in the Consumer Protection Act, despite an amendment, still seems to be a point of discord. The Supreme Court has set aside the judgment of the National Consumer Commissio n in a case in which a non-resident Indian who had worked in Denmark booked a shop under construction to start a business in India to earn a living.

Though the builder had promised to deliver the shop in two years and was paid 80 percent of the cost, the possession was not given, leading to a consumer complainst alleging deficiency in service and unfair trade practice. The Nation Commission held that he was not a consumer as he wanted to start abusiness and, therefore, he was not a consumer.

However, the Supreme Court reversed the finding in the case, Sunil Kohil vs Purearth Infrastructure. The court stated that the person wanted to earn a living by self-employment. Such a person is a consumer according to the definition found in the Act.