Tiya purchases a laptop for her sister Siya from HP. The laptop had initial installation issues, when taken to the manufacturer's service centre defect in the laptop was detected. The company refuses to redress the issue
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2023
Tiya purchases a laptop for her sister Siya from HP. The laptop had initial installation issues, when taken to the manufacturer's service centre defect in the laptop was detected. The company refuses to redress the issues faced by Siya on the pretext that she was not the consumer. On the basis of the above case, answer the following questions: Can Siya be treated as a consumer as she is not the person who purchased the laptop ?
Answer & Explanation:
As per Section 2(7) of the Consumer Protection Act, 2019 , Consumer means any person who: buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. Thus, even if Siya has not purchased the laptop but she uses it with the approval of Tiya, her sister, so according to the definition Siya can be treated as a Consumer.
Topics: Consumer Protection Act, 2019
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