Kushangi Sameliya, Bharati Vidyapeeth, New Law College
ABSTRACT
The Consumer Protection Act, 1986 was enacted in order to provide speedy and inexpensive adjudication to consumers. Under this Act, consumer include a person who buys goods or services for his personal use and not for the purpose of commercial use or resale. This act seeks to uplift and safeguard the interest of consumers against deficiencies and defects in goods or services. It also secures the rights of a consumer against unfair or restrictive trade practices done by the sellers. Though legislature found that a class of people consuming goods for commercial purpose are also considered as a consumer under The Consumer Protection Act, 2019 and an exception was made for the people using goods or services for commercial purpose to earn their livelihood. In India there are many small and marginalised farmers who buys products from the market for growing crops and then selling it in the market for making livelihood. Farmers purchase seeds, pesticides, weedicides, fertilizers etc along with engaging in various services like cold storage, warehouse, transportation etc. The engagement of services and buying products from market is done for the purpose of earning money which can be classified as commercial purpose but at the same time their livelihood is dependent of this. Therefore, it creates a situation where it becomes necessary to identify whether a farmer is a consumer or not and whether he can initiate complaint and can claim relief/compensation under The Consumer Protection Act, 2019. In this paper we explore that whether a farmer can be called a consumer or not under The Consumer Protection Act, 2019. Further we enquire that when can a farmer be considered as a consumer and when can he be eligible of protection under this act.
