Who qualifies as a 'consumer' under the Consumer Protection Act 2019?

Question

I bought goods for my small business and the seller says I can't file a consumer complaint because I'm not a 'consumer'. Is that true? Before I spend money on it, I want to know whether Consumer Protection Act 2019, Section 2(7) gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

Consumer Protection Act 2019, Section 2(7) and Consumer Protection Act 2019, Section 2(42) is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

Section 2(7) defines a consumer as a person who buys goods or hires services for consideration, but excludes anyone who obtains goods for resale or for a commercial purpose.

An exception carves out goods bought exclusively for earning livelihood by means of self-employment, so a single sewing machine bought by a tailor still counts.

Services availed free of charge or under a contract of personal service are excluded, so an employee cannot sue an employer as a 'consumer'.

Online purchases and offline purchases are treated identically under the 2019 Act, including transactions through electronic means as defined in Section 2(16).

Whether a purchase is 'commercial' is decided on facts like scale, frequency and purpose, not merely on the buyer being a business entity.

Practical steps: 1) Check whether the purchase was for personal use, resale, or business scale-up, since this decides maintainability; 2) Gather invoices, correspondence and warranty cards showing the purchase was for self-use or livelihood; 3) File the complaint before the appropriate District Commission citing Section 2(7) explanation on self-employment; 4) If in doubt, consult an advocate before filing to avoid dismissal for non-maintainability.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Consumer Protection Act 2019, Section 2(7) carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in consumer law.