Introduction

Consumers expect that the goods they purchase will meet certain standards of quality, safety, and performance. When goods fail to meet these expected standards, the consumer may suffer loss or injury.

The Consumer Protection Act, 2019 allows consumers to file complaints when the goods purchased by them are defective.

Meaning / Definition

According to Section 2(10) of the Consumer Protection Act, 2019, a defect means any fault, imperfection, or shortcoming in the quality, quantity, potency (strength or effectiveness), purity, or standard of goods.

Such quality or standard must be one that is required to be maintained:

• by or under any law for the time being in force, or
• under any contract (express or implied) between the parties, or
• as claimed by the trader in any manner in relation to the goods.

The term defective goods refers to goods that contain such defects.

This definition is considered exhaustive, which means only defects falling within this definition can be considered by the Consumer Commissions.

The defect must relate to goods only. If the item does not fall within the definition of goods, a complaint about defect cannot be made under the Act.

Modes or Types

Defect in Quality

A defect may arise when goods do not meet the expected level of quality.

For example, a product may break easily or fail to perform its intended function.

Defect in Quantity

A defect may occur when the quantity supplied is less than what was promised or required.

For instance, a package claiming a certain weight may actually contain less.

Defect in Potency

Potency refers to the strength or effectiveness of a product.

If a product does not perform with the promised strength or effectiveness, it may be considered defective.

Defect in Purity

Purity refers to the absence of harmful or unwanted substances.

Goods contaminated with harmful substances may fall within this category.

Defect in Standard

A product may be defective if it fails to meet the standards required by law or prescribed by authorities.

For example, goods that do not meet safety standards may be treated as defective.

Important Case Law

T. T. (Pvt.) Ltd. v. Akhil Bhartiya Grahak Panchayat

A pressure cooker burst and caused injury to the user. The court held that the product suffered from a manufacturing defect, and therefore it was defective goods.

Ramesh Chandra v. Commercial Tax Officer

A jeep was sold without handing over the registration book. The court held that this amounted to a defect in the goods.

Narayanan Vyankatkrishnan Iyengar v. Shakti Foods

A laboratory report showed that a soft drink was not fit for human consumption. The court held that the product was defective.

Farooq Hazi Ismail Saya v. Gavabhai Bhesania

Electric household appliances that did not meet ISI safety standards were held to be defective because they were unsafe.

Chitranjan Sahu v. N. C. Jain

White marble was supplied to a buyer, but the colour changed after polishing. The court held that the seller should have informed the buyer that the marble would not retain its colour. Since this was not disclosed, the goods were treated as defective.

Distinction / Comparison

Practical Example

A consumer purchases a pressure cooker. After a few days of use, the cooker bursts due to a manufacturing defect and causes injury.

Since the product had a fault in quality and safety, the consumer can file a complaint for defective goods under the Consumer Protection Act.

Summary

• Defective goods are defined through the concept of defect under Section 2(10) of the Consumer Protection Act, 2019.
• A defect means any fault, imperfection, or shortcoming in quality, quantity, potency, purity, or standard of goods.
• The standard may arise from law, contract, or claims made by the trader.
• The definition is exhaustive, meaning only defects covered by the definition can be considered.
• The defect must relate to goods, not services.
• Consumers can file complaints when defective goods cause loss, damage, or injury.