Definition of 'defect' under cpa


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 as is claimed by the trader in any manner whatsoever in relation to any goods [Section 2(1)(f)].

I would like to undersand the meaning of the words in bold please  and preferably with an example

 
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Retired employee.

Use our cream and turn to good complexion within 3 weeks.

Use our medicine and increase sperm count.

Use this medicine and you can reduce 15 kgs in 15 days.

Increase your height  by four inches using these pills for one month, what ever may be your age

These are some of the claims the traders may use for sale of their products knowing that these are tall claims and thus marketing their defective products to gullible customers.

The seller may write or state that the product is specific and perfect for the purpose whereas the product is much inferior and the claims are tall.

 

 
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Advocate

Please elaborate the context in which the query has been posted.

 
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Advocate

It implies the unfair trade practice or misrepresentation or false promises about the goods or services rendered. 

[the goods bought by him or agreed to be bought by him] suffer from one or more defects;

[the services hired or availed of or agreed to be hired or availed of by him] suffer from deficiency in any respect;

 
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Lawyer

Hope you have read and understood the provision of law qua "defect " as defined by legislators/Parliamentarians.

What is the problem / circumstances / dispute and your locus standi /concern for consideration and obligion of experts???

 
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Adv P & H High Court Chandigarh

Consumer Protection Act, 2019  effectively prohibits trading practices that are unfair to consumers. There are four different types of practices to consider:

  • practices prohibited in all circumstances
  • misleading actions and omissions
  • aggressive practices
  • general duty not to trade unfairly

For the last three practice types above it is necessary to show that the action of the trader has an effect (or is likely to have an effect) on the actions of the consumer. The test looks at the effect (or likely effect) on the average consumer, which mean there is no need for evidence about how any particular individual was affected.

 

One needs to come forwards and take action against such false and tall claims of the companies.

The Regulations recognise that different types of consumers may react to a practice in different ways, and identify three different types of consumer:

  • average consumer (reasonably well informed, reasonably observant and circumspect)
  • targeted consumer (where the practice is directed to a particular group of consumers)
  • vulnerable consumer (where a group of consumers is particularly vulnerable to the practice or product because of their mental or physical disability or age) 
 
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