Question
Under Section 2(10) of the Consumer Protection Act, 2019, which of the following would NOT constitute a "defect" in goods?
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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