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    Question

    Under Section 2(10) of the Consumer Protection Act,

    2019, which of the following would NOT constitute a "defect" in goods? 
    A Imperfection in potency or purity below legal requirements Correct Answer Incorrect Answer
    B Shortcoming in quantity or quality required by law or by contractual specifications claimed by the trader Correct Answer Incorrect Answer
    C Standard variation acceptable within industry manufacturing norms and tolerances, even if causing minor consumer inconvenience Correct Answer Incorrect Answer
    D Non-compliance with quality standards mandated under any applicable law Correct Answer Incorrect Answer
    E Fault in the goods that deviates from manufacturer's claimed standards Correct Answer Incorrect Answer

    Solution

    Section 2(10) defines "defect" as any fault, imperfection, shortcoming, or inadequacy in the quality, quantity, potency, purity, or standard which is required to be maintained by or under any law or contract or as claimed by the trader. Critically, minor variations within acceptable industry tolerances or normal manufacturing margins would not constitute a "defect" if they do not breach legal or contractual specifications. However, the Act does not provide automatic immunity for industry-standard variations; each case depends on whether the variation breaches the stipulated quality or standard. Once a defect is established, the burden shifts to the trader to prove otherwise.

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