Chapter: 1 Defect and Deficiency

Defect and Deficiency

Objectives
This chapter tells us what is meant by defect in goods and deficiency in service as per the provisions of the Consumer Protection Act, 1986 with exceptions and major legal decisions of National Commission and Supreme Court on the subject.

Introduction
As a consumer dispute presupposes an existing contract between a consumer on the one hand and seller whether manufacturer or not on the other, defect in quality, potency, purity or standard has to be tested either from the REQUIREMENT UNDER ANY LAW IN FORCE at the relevant time or TERMS AND CONDITIONS OF THE CONTRACT whether EXPRESS or IMPLIED.

As mentioned in the previous chapter, Section 2(f) of the Act defines " defect" as any fault, imperfection or shortcoming in the quality, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied, or as is claimed by the trader in any manner whatsoever in relation to any goods.

While a purchaser of "goods" either for "resale" or for "Commercial purpose" is excluded, similar exclusion was not originally made in the matter of provision of "service". But Sec. 2(o) of the Act excluded rendering of any service free of charge or under a contract of personal service from the purview of definition of "service". It is relevant to note that 2002 amendment has brought parity between the definitions of 'persons buying goods' and 'persons hiring/availing services' and consequently hiring or availing of service for commercial service is excluded unless such service was hired for earning one's livelihood.