Regulations. According to him, definition of "consumer" in the
new Act has not radically changed with time and "consumer" as defined ... property of
Capricorn would clearly fall within the inclusive definition of "consumer". It has
been admitted in the writ petition that upon purchase
case may be.
9. It is argued that the definition of consumer is not
available in either of the Regulations cited above ... present case, the pivot to be
considered is the definition of consumer.
18. It is reiterated by the petitioner that as per the
definition
complain before the consumer forum the complainant
should be a consumer as defined under Section 2 (d) of the Consumer
Protection Act, 1986. It would ... receive the benefit
of such services would definitely come within the definition of consumer
and can very well maintain an application before the Forum under
consumer of electricity. However, such an
industrial undertaking cannot approach the Consumer Forum
established under the provisions of the Consumer Protection
12
Act, 1993 complaining ... consumer' as obtaining in the Consumer
Protection Act, 1993 . Consumer Protection Act, 1993 limits
the category of consumers who can approach the Consumer
Protection
impugned order deciding the issue let me cite the definition of
consumer available under the Act which is as follows :-
Consumer means who
"buys ... District
Forum Presumably to take benefit of the explanation of the definition
"consumer" but the onus has not been discharged producing
believable evidence
opposite party no. 1 does not fall within the
definition of "consumer" as defined in Section 2(1)(d) of the Consumer Protection ... jurisdiction.
In the present case, as is evident from the definition of "consumer" as given in
Section 2(1)(d) of the Consumer
consumer of electricity. Inviting attention of the
Court to the definition of 'consumer' as appearing in the new Act, it was
contended that ... have the same meaning assigned to it in
the new Act. Definition of consumer in the new Act is as under:
"consumer means
consumer within the meaning of the "consumer" as defined
under Section 2(d) of the Consumer Protection Act, then the opposite party cannot ... under the Consumer Protection Act, 1986 . For ascertaining as to whether the petitioner is a "consumer"
or not, the definition of "consumer
definition clause 'consumer' and he is only a prospective consumer. The
prospective consumer becomes a consumer only after executing the
agreement ... approached before the Consumer Forum he was not a consumer either as
per Section 2(d) of the Consumer Protection Act, 1986 or under Section
High Court
that the complainant is not a consumer within the definition of the
Consumer Protection Act . In the backdrop of the aforesaid facts ... determine whether the
person approaching the said Forum satisfies the definition of a
consumer as engrafted under the said Act. The similar view is
expressed
