Question

Pradeep purchased an ISI marked washing machine of a famous brand 'MG' from Bajaj Sales Ltd. The shopkeeper asked him to wait for two days for installation of the machine. His friend, Abhishek, was very fond of experimenting with new electronic products. He told Pradeep that there was no need to wait for the company's representative to install the machine and that he could do it. So, both of them installed the machine without following the manufacturer's instructions. Initially, the machine worked effectively and the wash was good. But after two days, the machine started stopping in between the wash cycle. Pradeep and Abhishek tried their best to start the machine but failed in their efforts. Pradeep, therefore, approached Bajaj Sales Ltd., which refused to provide any service on the plea that the installation of the machine was not done by the company.

1. Is Pradeep a consumer? Justify by stating the meaning of consumer under CPA.
2. Explain briefly any two rights which Pradeep could have exercised had he fulfilled his responsibility as an aware consumer.

Answer 1

1. Yes, Pradeep is considered a consumer.
   Justification: Under the Consumer Protection Act (CPA), a “consumer” is defined as any person who buys goods or avails services for a consideration which has been paid, promised, or partly paid and partly promised. The definition explicitly covers individuals who purchase goods for personal use and strictly excludes those who obtain goods for resale or any commercial purpose. Since Pradeep purchased the washing machine for personal household use, he fits the legal definition of a consumer.
2. Had Pradeep fulfilled his responsibility as an aware consumer (by waiting for the authorized representative and following the manufacturer’s installation instructions), he could have exercised the following two rights if the machine proved defective:
   • Right to Seek Redressal: This is the right to seek relief against unfair trade practices or defective goods. If Pradeep had followed the correct installation procedure and the machine still malfunctioned, he could have used this right to demand that Bajaj Sales Ltd. or the manufacturer repair the defect, replace the washing machine with a new one, or refund his money.
   • Right to be Heard: This right ensures that consumers have a platform to voice their complaints and that their interests will receive due consideration at appropriate forums. Pradeep would have had the right to file a formal grievance with the company’s customer service department or, if unsatisfied, approach a Consumer Disputes Redressal Commission to have his case heard.