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

According to Consumer Protection Act, 1986, a Consumer is defined as:
a) Any person who buys any goods for a consideration, which has been paid or promised, or partly paid and partly promised, or under any scheme of deferred payment. It includes any user of such goods, when such use is made with the approval of the buyer, but does not include a person who obtains goods for resale or any commercial purpose.
b) Any person who 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. It includes any beneficiary of services when such services are availed of with the approval of the person concerned but does not include a person who avails of such services for any commercial purpose.
Here ‘Bharat Electricals’ cannot file a complaint as it is not a consumer as per the Consumer Protection Act 1986 Act and it has purchased good from the manufacturer for commercial purpose that is reselling.

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.