RIGHT TO REPAIR

June 23, 2022

The U.S. state of New York recently passed the Fair Repair Act, which requires manufacturers to supply repair information, tools, and parts to independent repair shops and not just their own stores or partners.

About:

  • This provides consumers with the right to repair and refurbish their purchased goods. With access to relevant tools and repair manuals, independent repair shops will finally be able to compete with manufacturers.
  • The rationale behind the “right to repair” is that the individual who purchases a product must own it completely. This implies that apart from being able to use the product, consumers must be able to repair and modify the product the way they want to. 

Indian scenario

  • Monopoly on repair processes infringes the customer’s’ “right to choose” recognised by the Consumer Protection Act, 2019. Consumer disputes jurisprudence in the country has also partially acknowledged the right to repair.
  • In Shamsher Kataria v Honda Siel Cars India Ltd (2017), for instance, the Competition Commission of India ruled that restricting the access of independent automobile repair units to spare parts by way of an end-user license agreement was anti-competitive. 
Source : The Hindu