Question

Clint Leone Morricone Ltd. (“CLML”) is a factory manufacturing bicycles. For the purpose of documentation and record keeping, it purchased a laptop from Pacer. However, within a month of the purchase, the laptop crashed and there was a motherboard failure. Despite a warranty, Pacer failed to replace the motherboard. Which of the following statements is correct?

• A. Purchase of electronic items do not fall within the purview of consumer law.
• B. CLML is a consumer since it has bought a good for a price.
• C. CLML is not a consumer since it has purchased the laptop for commercial purpose.
• D. A company is not a person and so, cannot be a consumer.
• A. Since she is using the laptop for the purpose of writing paid columns and news reports, Sita Das cannot be a consumer.
• B. Purchase of goods does not fall within the purview of Consumer Protection Law.
• C. Since she is using the laptop for the purpose of earning her livelihood, she will be a consumer.
• D. None of the above
• A. The hospital is a charitable hospital and therefore, it is a consumer with respect to the pacemakers purchased from St. Rude’s.
• B. 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.
• C. The hospital resells the pacemakers at a discounted rate and therefore can be considered a consumer with respect to the pacemakers purchased from St. Rude’s.
• D. Sale of medical devices is not covered by Consumer Protection Law.
• A. Since online services are not covered by Consumer Protection Law, Amit Ghosh cannot be considered a consumer.
• B. Since services are not covered by Consumer Protection Law, Amit Ghosh cannot be considered a consumer.
• C. Since online services are covered by Consumer Protection Law, Amit Ghosh shall be considered a consumer.
• D. Since medical services are not covered by Consumer Protection Law, Amit Ghosh cannot be considered a consumer.
• A. Since Jignesh Shah did not purchase the device from BreatheEasy, he cannot be considered a consumer with respect to BreatheEasy.
• B. Since Jignesh Shah is a user of the device, he can be considered a consumer.
• C. Sale of medical devices are not covered by Consumer Protection Law.
• D. None of the above.

Answer 1

The Correct Option is C

Step 1: Understanding the definition of a consumer
As per the Consumer Protection Law, a consumer is one who buys goods or services for personal use or for self-employment, not for resale or commercial purposes.
If the goods are bought for commercial purposes, the buyer is not considered a consumer.
Step 2: Applying to the case of CLML
CLML is a company engaged in bicycle manufacturing.
It purchased the laptop for the purpose of documentation and record keeping, which is part of its commercial operations.
Therefore, the purchase falls under a commercial purpose and does not meet the definition of a consumer under the law.
Step 3: Eliminating incorrect options
(A) is incorrect — Consumer law covers electronic items when bought for personal/self-employment use.
(B) is incorrect — Although CLML paid for the goods, the purpose was commercial.
(D) is incorrect — Companies can be consumers if the purchase is for non-commercial use.
\[ \boxed{\text{CLML is not a consumer since it has purchased the laptop for commercial purpose.}} \]

Answer 2

Step 1: Understanding the self-employment clause
Under the Consumer Protection Law, a person buying goods for self-employment to earn their livelihood is considered a consumer.
The purchase must not be for large-scale commercial purposes, but rather for personal, income-generating work.
Step 2: Applying to Sita Das
Sita Das is a freelance journalist — she works independently and earns on a per-article basis.
She purchased the laptop to use in her writing work, which is her means of livelihood.
This qualifies as self-employment and hence she is a consumer under the law.
Step 3: Eliminating incorrect options
(A) is incorrect — Using the laptop for earning livelihood through self-employment is covered under consumer law.
(B) is incorrect — Goods purchases are covered by consumer protection law.
(D) is incorrect — Since (C) is the correct statement, “None of the above” is wrong.
\[ \boxed{\text{Since she is using the laptop for the purpose of earning her livelihood, she will be a consumer.}} \]

Answer 3

Step 1: Definition of consumer
A consumer is someone who buys goods or services for personal use or for self-employment, not for resale or commercial use.
Step 2: Applying to the hospital case
Although the hospital is charitable and charges less than the market rate, it resells the pacemakers to patients.
Since resale is involved, the purchase is for a commercial purpose, which disqualifies it from being considered a consumer under the law.
Step 3: Elimination of incorrect options
(A) Incorrect — Charitable nature does not override the resale factor.
(C) Incorrect — Even at a discounted rate, resale is still a commercial purpose.
(D) Incorrect — Medical devices are covered under the Consumer Protection Law if bought for personal/self-employment use.
\[ \boxed{\text{Hospital reselling medical devices is not a consumer.}} \]

Answer 4

Step 1: Coverage of services under the law
The Consumer Protection Law covers both goods and services, including online services.
This includes medical services, physiotherapy, and other ancillary healthcare services.
Step 2: Application to Amit Ghosh's case
Amit Ghosh purchased a physiotherapy service for personal use.
The service provider failed to deliver the promised quality, making him eligible to be considered a consumer.
Step 3: Elimination of incorrect options
(A) Incorrect — Online services are indeed covered.
(B) Incorrect — Services are included in consumer protection law.
(D) Incorrect — Medical services are also included.
\[ \boxed{\text{Amit Ghosh is a consumer as per Consumer Protection Law.}} \]

Answer 5

Step 1: Understanding user rights under Consumer Protection Law
The law covers not only buyers but also any person who uses the goods with the buyer’s approval.
Therefore, even a family member or friend using the product is considered a consumer.
Step 2: Applying to Jignesh Shah
Jignesh Shah is the end-user of the nebuliser purchased by his father.
He used the product for personal purposes and suffered harm due to its defect, qualifying him as a consumer.
Step 3: Elimination of incorrect options
(A) Incorrect — Actual purchase is not the only criterion; usage is also considered.
(C) Incorrect — Medical devices are covered.
(D) Incorrect — Option B is the correct legal position.
\[ \boxed{\text{Jignesh Shah is a consumer as he used the product with the buyer's approval.}} \]