DEFECT
Introduction: The Definition of Defect is given under Section 2 (1) (f) of the Consumer Protection Act, 1986 which means fault or imperfection in the quality, quantity, potency, purity or standard. If the Defect shows in the goods, the person who buys that goods can file the complaint against that seller who sell it defective.
Definition: Definition of the Defect as per the Section 2 (1) (f) "Defect" means any fault, imperfection or shortcoming in the quality, quantity, 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)[1] as is claimed by the trader in any manner whatsoever in relation to any goods;
Case Law:
- Jose Philip Manupillil Vs. M/s Premier Automobiles Ltd[2].: In this case a iston rings of the engine had gone. The agent of the manufacture (that is the Dealer) had acknowledge that the piston rings were defective. They would not have so acknowledged unless it was a defect at the time of delivery. Instead of admitting the defects, the manufacture denied any liability and had contested the matter. It was held that for failure in service the purchaser was entitled to get the car repaired from reputed garage/mechanic at cost of dealer and manufacture Rs. 40,000 for mental agony, torture and Rs. 50,000 as costs of litigation.
- Hindustan Motors Ltd. Vs. V. N. Siva Kumar[3]: In this case a car was sold with manufacturing defect. The car could not be replaced because the appellant had stopped manufacture of that model of the car. Thus, it was held that the delaer could not be held liable. The liability to pay advance with compensation must be borne by the manufacture.
- Malappuram Dist. Pvt. Bus Operators Association Vs. M.P. Mohan:[4] Kerala High Court held that the Regional Transport Authority does not fall within the definition of 'Manufacturer' inasmuch as it does not render any service to bus passenger.
[1] Inserted by Act 50 of 1993, Section 2 (w.r.e.f 18-6-1993).
[2] AIR 2004 SC 1529
[3] (2000) 10 SCC 654
[4] AIR 2000 Ker 192
