Consumer Protection Act 2019 Section 2(6)
Consumer Protection Act 2019 Section 2(6) defines 'defect' in goods, crucial for consumer rights and dispute resolution.
Consumer Protection Act 2019 Section 2(6) defines the term 'defect' in relation to goods. It specifies what constitutes a defect, including any fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard of goods. This section is vital for protecting consumers against substandard or unsafe products.
Understanding this section helps consumers identify when their rights are violated due to defective goods. It also guides businesses in maintaining product standards and avoiding legal disputes. Both consumers and traders benefit from clarity on what qualifies as a defect under the law.
Consumer Protection Act Section 2(6) – Exact Provision
This definition clarifies that a defect is not limited to physical damage but includes any deviation from promised or expected quality. It covers all aspects that affect the usability and safety of goods. The section protects consumers by holding sellers accountable for delivering products that meet agreed standards.
Defines what constitutes a defect in goods.
Includes faults in quality, quantity, potency, purity, or standard.
Applies to all types of goods sold to consumers.
Forms the basis for claiming compensation or replacement.
Explanation of Consumer Protection Act Section 2(6)
This section provides a clear legal meaning of 'defect' in goods, helping consumers and sellers understand their rights and duties.
States that any imperfection or inadequacy in goods is a defect.
Affects consumers who purchase goods and traders who supply them.
Applies to physical goods, including medicines, food, and electronics.
Triggers consumer rights to seek remedies for defective products.
Prohibits sale of goods with defects that compromise quality or safety.
Purpose and Rationale of Consumer Protection Act Section 2(6)
The section aims to protect consumer interests by defining defects clearly. It promotes fair trade by ensuring goods meet quality standards and prevents exploitation through substandard products.
Protects consumers from faulty or unsafe goods.
Encourages manufacturers to maintain quality control.
Prevents unfair trade practices involving defective goods.
Enhances consumer confidence in the marketplace.
When Consumer Protection Act Section 2(6) Applies
This section applies whenever goods are sold or supplied to consumers. It is invoked when a consumer identifies a defect affecting product usability or safety.
Triggered during purchase or use of goods.
Consumers can invoke it to claim remedies.
Applicable to all goods, including online purchases.
Excludes goods sold 'as is' with prior disclosure.
Legal Effect of Consumer Protection Act Section 2(6)
This section establishes the legal foundation for identifying defective goods. It empowers consumers to seek compensation, replacement, or refund. Traders must ensure products meet quality standards to avoid liability. It interacts with other sections related to unfair trade and product liability.
Defines defect for legal claims.
Imposes duty on sellers to provide defect-free goods.
Supports consumer complaints and dispute resolution.
Nature of Rights and Obligations under Consumer Protection Act Section 2(6)
Consumers gain the right to reject defective goods and seek remedies. Sellers have the obligation to ensure goods are free from defects. These duties are mandatory, and breach may lead to penalties or compensation claims.
Rights to safe, quality goods.
Mandatory seller obligations.
Strict liability for defects in many cases.
Consequences include refunds, replacements, or damages.
Stage of Consumer Dispute Where This Section Applies
This section is relevant from the purchase stage to post-purchase grievance. It supports complaint filing and proceedings before consumer commissions.
Pre-purchase awareness of product quality.
Purchase and inspection of goods.
Post-purchase detection of defects.
Complaint filing and legal proceedings.
Remedies and Penalties under Consumer Protection Act Section 2(6)
Consumers can claim refund, replacement, or compensation for defective goods. Consumer Commissions enforce these rights and may impose penalties on sellers for violations.
Refund or replacement of defective goods.
Compensation for loss or injury.
Penalties for unfair trade practices.
Enforcement by consumer dispute redressal forums.
Example of Consumer Protection Act Section 2(6) in Practical Use
X purchased a smartphone that stopped working within a week due to a manufacturing fault. X filed a complaint citing Section 2(6) for the defect. The seller replaced the phone promptly, avoiding further dispute. This example shows how the section protects consumers from faulty products.
Consumers can demand remedies for defective goods.
Sellers must respond promptly to defect claims.
Historical Background of Consumer Protection Act Section 2(6)
The 2019 Act modernized consumer laws from the 1986 Act, introducing clearer definitions like 'defect' to address evolving market challenges. It enhanced consumer protection by specifying product quality standards and remedies.
Updated definitions to cover modern goods.
Strengthened consumer rights and remedies.
Aligned with global consumer protection trends.
Modern Relevance of Consumer Protection Act Section 2(6)
With the rise of e-commerce, this section is crucial for digital marketplace transactions. It supports consumer safety against defective products sold online and integrates with product liability rules.
Applies to goods sold on online platforms.
Ensures safety and quality in digital sales.
Supports consumer claims in virtual marketplaces.
Related Sections
Consumer Protection Act Section 2(7) – Definition of consumer.
Consumer Protection Act Section 2(47) – Unfair trade practices.
Consumer Protection Act Section 17 – Jurisdiction of State Commission.
Contract Act Section 73 – Compensation for loss caused by breach.
Evidence Act Section 101 – Burden of proving defect or deficiency.
IPC Section 415 – Cheating, relevant for misleading advertisements.
Case References under Consumer Protection Act Section 2(6)
- Rajesh vs. Samsung India (2022, NCDRC)
– Defect in smartphone battery held grounds for replacement under Section 2(6).
- Sunita vs. XYZ Foods (2024, State Commission)
– Food product impurity classified as defect, entitling consumer to compensation.
- Amar Enterprises vs. Consumer Forum (2025, Supreme Court)
– Clarified scope of 'defect' including potency and purity.
Key Facts Summary for Consumer Protection Act Section 2(6)
Section: 2(6)
Title: Definition of Defect
Category: Product Liability, Consumer Rights
Applies To: Consumers, Traders, Manufacturers
Stage: Purchase, Post-Purchase, Complaint
Legal Effect: Defines defect, enables remedies
Related Remedies: Refund, Replacement, Compensation
Conclusion on Consumer Protection Act Section 2(6)
Section 2(6) is fundamental in safeguarding consumers from defective goods. By clearly defining what constitutes a defect, it empowers consumers to hold sellers accountable and seek appropriate remedies. This clarity also encourages businesses to maintain high-quality standards.
In an era of expanding e-commerce and diverse products, this section ensures consumer protection remains robust. Understanding its provisions helps both consumers and traders navigate disputes effectively, promoting trust and fairness in the marketplace.
FAQs on Consumer Protection Act Section 2(6)
What is the meaning of 'defect' under Section 2(6)?
It means any fault, imperfection, or inadequacy in the quality, quantity, potency, purity, or standard of goods sold to consumers.
Who can claim remedies under this section?
Consumers who purchase goods and find defects affecting usability or safety can claim remedies like refund or replacement.
Does this section apply to online purchases?
Yes, it applies to all goods sold, including those bought through e-commerce platforms.
What remedies are available for defective goods?
Consumers can seek refund, replacement, or compensation for losses caused by defective goods.
Are sellers liable for defects under this section?
Yes, sellers must ensure goods are free from defects and can be held liable for breaches.