Prakhar purchased an ISI mark electric iron from the seller 'Bharat Electricals'. While using he found that it was not working properly. He approached the seller and complained of the same. The seller satisfies Prakhar by saying that he will ask the manufacturer to replace the iron. The manufacturer refused to replace and Bharat Electrical decided to file a complaint in the Consumer Court.
(i) Can Bharat Electricals do this? Why?
(ii) Which right is practiced in this case study? Also explain who is a consumer as per Consumer Protection Act, 1986?
(i) Yes, Bharat Electricals can file a complaint at the Consumer Court because the cost of repair would have to be borne by Bharat Electricals. Prakhar can also file a complaint against the manufacturer as the manufacturer has failed to rectify or replace a defective electric iron.
(ii) Prakhar practiced the right to be heard and Bharat Electricals practiced the right to seek redressal. Bharat Electricals registered under the Companies Act 1956 is a consumer of the manufacturer as it facilitates sales of electric iron for the manufacturer. Prakhar is also a consumer of Bharat Electrical as he purchased the electric iron from Bharat Electricals though he is an indirect consumer of the manufacturer.