Introduction
Under the Consumer Protection Act 2019 every consumer in India has a ‘Right to Choose’, i.e., the right to be assured of access to goods and services at a competitive price. However, manufacturers of various products like mobile phones, automobiles and consumer durables like television and refrigerators deny this ‘right to choose’ to consumers. It is done by restricting the access to services at a competitive price by restricting repairability of products offered by them either by limiting third-party repairs (thereby creating a monopoly in repair of their products leading to lack of choice) or giving no option of repairability. A recent example of such restriction imposed by manufacturers is the case of John Deere wherein the company restricted access to software embedded in its machine in order to restrict repairability.To counter this problem ‘right to repair’ has gained recognition in the Indian jurisprudence in the last few years. However, a lot still remains to be done in order to resolve the problem. This blog will delve into the recognition that the ‘right to repair’ has gained in India and how does it help in enabling the ‘right to choose’ granted to the consumers.
Right to Repair: Background and Meaning
Various manufacturers restrict the repairability of the products offered by them either by denying access of spare parts to independent repairers or by charging exorbitant fees for repair themselves (thus making repairs impracticable). This is done by the manufacturers in order to increase sale of new products (known as ‘planned obsolescence’). Examples of such practices include the ‘Error 53’ case wherein users of iPhones were locked out of their phones if they indulged in third-party repairs, or of various automobile manufacturers where they restricted the supply of spare parts in the open-market to prevent third-party repairs. Such malpractices by the manufacturers lead to the need for a ‘right to repair’.
In principle, the right to repair allows consumers access to hardware and software tools from manufacturers, providing them the autonomy to determine whether they want to use a corporate service centre, buy a new item, or fix the product themselves. Thus, it implies no restriction by the manufacturer in getting a product repaired. The elements of the right to repair includes various aspects such as, (i) Consumer ownership and control over the products purchased, (ii) Access to repair information and tools, (iii) Availability of spare parts, (iv) Design for repairability and (v) Protection against anti-repair measures.
Right to Choose: The Concept in Brief
The ‘right to choose’ recognised under the Consumer Protection Act 2019 ensures that consumers have access to a variety of products and services (the term ‘services’ is wide enough to incorporate repairs) at a competitive and fair price. Consumers cannot be forced to purchase goods or avail services from a specific brand, allowing them the freedom to select the option they find the most suitable.
It is the possibility and entitlement for the consumers to freely select the products or services that best meet their needs, along with the business partners they choose to engage with. (Samsher Kataria)
Interplay: How Right to Repair Safeguards the Right to Choose
What the ‘right to choose’ offers is an access to variety of service options, however, in the absence of a ‘right to repair’ this right to access services at a competitive and fair price is hampered. Customers are often left with no option for getting their devices repaired at a competitive and fair price by the service provider of their choice as the manufacturers do not provide access to spare parts to such third-party service providers.
This is where the presence of a proper framework on the right to repair becomes indispensable to protect the right to choose. With such a framework, manufacturers will no longer be able to restrict the supply of spare parts. This ensures that consumers will have the freedom to decide where they can get their product repaired, who can repair it, and at what cost. By preventing these restrictions, the right to repair strengthens the consumer’s ability to make informed and fair choices thereby safeguarding the consumer’s right to choose.
Right to Repair in India: Current Status and Recent Developments
Despite consumers having the right to choose, there is lack of a proper right to repair framework to ensure that the right to choose is implemented in its true spirit in India. However, since 2015 there has been a gradual move towards recognition of the right to repair by the means of judicial precedents.
Beginning with Shamsher Kataria (2015), the Competition Appellate Tribunal i.e., ‘COMPAT’ found the practice of restricting and denying access of spare parts to independent repairers as anti-competitive. Even though the tribunal did not recognise the right to repair explicitly, the decision was one which inherently favoured the right. Then, in the same year the District Consumer Disputes Redressal Forum of Delhi in Sanjeev Nirwani observed that an OEM (Original Equipment Manufacturer) is required to supply spare parts and consumables, such as batteries, necessary for the functioning of laptop.
Further, the Consumer Forum, in various decisions has held that the inability to furnish necessary spare parts for the rectification of products like refrigerators is a deficiency in service and that if a manufacturer or service provider fails to honour the Right to Repair, it can be seen as a deficiency in their service. In one of its decisions, the Forum also opined that while there is no dedicated legislation, the judicial precedents (the ones cited above) address the issue of Right to Repair in India, emphasising the importance of consumer choice.
A milestone in recognising the right to repair came with the formation of Nidhi Khare Committee in 2022 under the Department of Consumer Affairs for developing an overall framework for the Right to Repair. The committee in July 2024 launched the ‘Right to Repair Portal India’ to provide consumers with an easy access to information for repairing their products and enabling them to reuse it. With respect to the right to choose, the committee aims to empower consumers with informed choices regarding post-sales services of their products.
The formation of the portal is by far the biggest step taken in India in favour of the right to repair. The portal further aims at providing (i) access to product manuals, (ii) Address the concern on the price and warranty of spare parts and (iii) Details of Companies Service Centre across India and Recognised third-parties repairers.
Thus, it can be seen that the right to repair is gaining recognition slowly but steadily, especially with the formation of a dedicated right to repair portal. With this gaining recognition, the right to choose granted to customers is being strengthened. However, a lot remains to be done before both the right to choose and repair is implemented in their true spirit and essence.
Future: A move towards Statutory Recognition
In order to implement the right to repair, statutory recognition of the right via a proper legislation is essential. The legislation should require the manufacturers to comply with certain duties and provide compliance incentives in return. Some proposed duties and corresponding incentives could include:
- Duty – Manufacturers to achieve a certain repairability index on a standardized assessment.
Incentive – Tax credit on sale of products with such index.
- Duty – Invest a percentage of profits into improving product repairability and longevity.
Incentive – Access to government grants for developing more repairable product designs.
- Duty – Design products with modular components and provide detailed repair manuals along with access to spare parts.
Incentive – Products receive an official ‘Easily Repairable’ certification, enhancing brand image.
Conclusion
Currently, without a framework for the right to repair, consumers are at the mercy of manufacturers who often limit repairability to boost profits. The introduction of such a right would empower consumers and local buyers, promoting fair trade between original equipment manufacturers (OEMs) and third-party buyers and sellers. Additionally, it would extend product lifespans, reduce e-waste, and create job opportunities by supporting third-party repair services.
Ultimately, recognising and implementing a robust right to repair framework is not just about fixing devices—it’s about empowering consumers, fostering a sustainable economy, and ensuring that the right to choose remains a meaningful protection in our increasingly technological world.l disputes.
This blog is written by Sharad Khemka and Gurman Singh Narula, 3rd Years, B.A. LL.B. (Hons.)