Question

Sumit purchased an ISI mark electric iron from Maa Lakshmi Electricals. While using he found that it was not working properly. He approached the seller and complained for the same. The seller satisfied him by saying that he would ask the manufacturer to replace the iron. The manufacturer refused to replace and Maa Lakshmi Electricals decided to file a complaint in the Consumer Court.

1. Can Maa Lakshmi Electricals file a complaint in the Consumer Court against the manufacturer of the electric iron? Give reason in support of your answer.
2. Who can file a complaint as per the provisions of the Consumer Protection Act, 2019?

Answer 1

1. No, Maa Lakshmi Electricals cannot file a complaint in the Consumer Court against the manufacturer.
   Reason: Under the Consumer Protection Act, 2019, a "consumer" is defined as a person who buys goods or avails services for consideration for personal use. The definition strictly excludes individuals or entities that obtain goods for resale or for any commercial purpose. Since Maa Lakshmi Electricals purchased the electric iron for resale, they do not qualify as a consumer and therefore cannot seek redressal under this Act.
2. As per the provisions of the Consumer Protection Act, 2019, a complaint can be filed by:
   • A consumer.
   • Any registered voluntary consumer association (even if the affected consumer is not a member of it).
   • The Central Government or any State Government.
   • The Central Consumer Protection Authority (CCPA).
   • One or more consumers, where there are numerous consumers having the same interest (with the permission of the Consumer Commission).
   • The legal heir or legal representative, in case of the death of a consumer.
   • A parent or legal guardian, in case the consumer is a minor.

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