Consumer -- Housing -- Leasing Out Purchased Flat Does Not Ipso Facto Exclude Buyer from 'Consumer' Definition Unless Dominant Commercial Purpose Proved
Under Section 2(1)(d) of the Consumer Protection Act, 1986, the determinative test for excluding a buyer from the definition of 'consumer' is the dominant purpose at the time of purchase, not subsequent use of the property. The onus of proving commercial purpose lies on the party asserting exclusion.
