Due to the carelessness of surgeon, Harish passed away within a week's time after his spine surgery. Who cannot file a case in this case?

The Consumer

The correct answer is option 1- The Consumer.

Since Harish (the consumer) has passed away, he can no longer file a case himself. However, under the Consumer Protection Act others can file a complaint on behalf of the deceased. Therefore, the consumer himself  is the only one who cannot file the case.

A complaint before the appropriate consumer forum can be made by:
(i) Any consumer;
(ii) Any registered consumers’ association;
(iii) The Central Government or any State Government;
(iv) One or more consumers, on behalf of numerous consumers having the same interest; and
(v) A legal heir or representative of a deceased consumer.