Consumer Protection

Question

Prakhar purchased an ISI mark electric iron from ‘Bharat Electricals’. While using he found that it was not working properly. He approached the seller and complained for the same. The seller satisfies Prakhar by saying that he will ask the manufacturer to replace this iron. The manufacturer refused to replace and Bharat Electricals decided to file a complaint in the consumer court. Can ‘Bharat Electricals’ do this? Why? Also explain ‘who is a consumer’ as per Consumer Protection Act, 1986.

Solution

Bharat Electricals cannot file a complaint. This is because this firm is not a consumer as per consumer protection Act, 1986 as they bought the goods for re-sale/ commercial purpose. Meaning of consumers as per consumers protection Act, 1986:

(i) he buys goods or hires services for a consideration but does not include a person who obtains them for re-sale or any commercial purpose;

(ii) he uses goods with the approval of the buyer;

(iii) he uses services which are availed of with the approval of one who hires the services, and

(iv) he uses the goods bought or services hired exclusively for earning livelihood by self-employment. (For example, a doctor who is a C.T. Scan expert, buys a C.T Scanner for the purpose of earning his livelihood is a consumer.)

Some More Questions From Consumer Protection Chapter

How does the ‘Government’ protect the interests of consumers? State.

Explain, in brief, any six remedies available to consumers under Consumer Protection Act, 1986.
Or
State any six reliefs available to consumers on the complaint made by them under Consumer Protection Act.
Or
Reena purchased one litre of pure Deshi Ghee from a shopkeeper. After using it she had a doubt that it is adulterated. She sent it for a laboratory test which confirmed that the Ghee is adulterated. State any six reliefs available to Reena, if she complains and the consumer court is satisfied with the genuineness of the complaint.