DEFINITION:

Defect has been defined under section 2(10) of the Consumer Protection Act, 2019- "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 or product and the expression "defective" shall be construed accordingly.

 

 

STEPS FOR CONSUMERS WHEN ENCOUNTERING DEFECTIVE GOODS:

1. Examine the Product: Check the product thoroughly to identify and document the defects.

2. Keep Evidence: Save the receipt, warranty card, and any other purchase documents. Take photos or videos of the defect.

3. Contact the Seller or Manufacturer: Inform the seller or manufacturer about the defect. Most businesses have customer service channels for handling such complaints.

4. Request a Resolution: Ask for a replacement, repair, or refund as per the warranty terms or consumer laws.

5. Follow Up: If the initial response is unsatisfactory, escalate the complaint within the company.

 

 

HOW TO REGISTER A COMPLAINT:

1. Consumer Helpline: Call the National Consumer Helpline at 1800-11-4000 or 14404 for assistance.

2. Online Portal: Register your complaint on the Consumer Helpline's website (consumerhelpline.gov.in).

3. Consumer Forum: File a complaint with the appropriate Consumer Disputes Redressal Forum (District, State, or National).

 

 

APPLICABLE SECTIONS AND LEGAL FRAMEWORK:

The Consumer Protection Act, 2019 governs the rights and remedies available to consumers in India. Key sections related to defective goods include:

• Section 2(10): Defines 'defect' in goods.

• Section 35: Provides the procedure for filing complaints.

• Section 34: Details the jurisdiction and proceedings of the District Consumer Disputes Redressal Commission.

• Section 47-49: Pertains to the State Consumer Disputes Redressal Commission.

• Section 58-59: Pertains to the National Consumer Disputes Redressal Commission.

 

 

CONCERNED AUTHORITIES:

1. District Consumer Disputes Redressal Commission (District Forum): For complaints involving claims up to ₹1 crore.

2. State Consumer Disputes Redressal Commission (State Commission): For complaints involving claims from ₹1 crore to ₹10 crore.

3. National Consumer Disputes Redressal Commission (National Commission): For complaints involving claims exceeding ₹10 crore.

 

CASE LAWS:

1. Ambrish Kumar Shukla & Ors. v. Ferrous Infrastructure Pvt. Ltd. (2016): Clarified the jurisdiction of consumer forums based on the value of goods/services and compensation claimed.

2.  Karnataka Power Transmission Corporation Ltd. v. Ashok Iron Works Pvt. Ltd. (2009): Stressed that a consumer can file a complaint in the forum within whose jurisdiction the cause of action arises, wholly or in part.

3. Indian Medical Association v. V.P. Shantha & Ors. (1995): Expanded the definition of 'service' under the Consumer Protection Act to include medical services.

 

 

SUMMARY:

Consumers in India have robust legal protections when they encounter defective goods. By understanding their rights, following the proper steps for filing complaints, and being aware of the applicable laws and authorities, consumers can effectively address issues related to defective products.

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