Movie Case Study Explanation
The above scene shows Madhu complaining about the shirt she purchased from the shop. She mentions that the shirt is defective and has a hole. The shopkeeper refuses to acknowledge the defect. Later, he agrees to the fault and decides to replace it. Learning Perspectives will explore the meaning of consumer protection laws in case of a defect.
What is Consumer Protection Act?
Consumer protection act of 1986 lays down the foundation for the safety of consumers. However, this act has been revised with the advent of time. The consumer has been defined as any person who buys goods and or services for a consideration that the seller has promised.
Rights of the Consumer
- The right to be protected against goods and services that might be hazardous to their life.
- The right to be informed about the quantity, quality, purity, standard, and price of the goods so that the consumer is protected from any unfair practices.
- The right to be assured – Consumers have the right to meaningful access to goods & services and the consumer chooses the best-fit product.
- The right to be heard- The consumer’s interest will receive due consideration in appropriate forums.
- The right to seek redressal- Consumers can seek redressal against unfair trade practices.
- The right to consumer awareness- Consumers are informed about the relevant practices in the market and remedies available to them.
Defects in a Product
According to the Consumer protection act, the defect is defined as follows:
“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.
A consumer can file a complaint against a defective good or bring it to the notice of the seller or the manufacturer. Similar to the scene that you saw. If it is a manufacturing defect, then the consumer has the choice of filing a complaint against the manufacturer along with the seller.
Remedies available to Consumer
- Removal of defects
- Goods will be replaced
- The money would be refunded
- Award compensation for injury endured.
- Withdrawal of hazardous goods from the sale
- Provide adequate costs to parties
- Issuing correct advertisements that are misleading
Consumer Protection law for defective products
Product liability was introduced in the Consumer Protection Act of 2019. Product liability means that the manufacturer is responsible and would compensate in case of any harm caused by the defective product.
A product manufacturer shall be liable in a product liability action, if—
(a) the product contains a manufacturing defect; or
(b) the product is defective in design; or
(c) there is a deviation from manufacturing specifications; or
(d) the product does not conform to the express warranty; or
In case, when the service is provided, he will be liable when:
a) the service provided by him was faulty or imperfect or deficient or inadequate
in quality, nature, or manner of performance which is required to be provided by or
under any law for the time being in force, or pursuant to any contract or otherwise; or
(b) there was an act of omission or commission or negligence or conscious
withholding any information which caused harm; or
(c) the service provider did not issue adequate instructions or warnings to
prevent any harm; or
(d) the service did not conform to the express warranty or the terms and conditions
of the contract.
Generally, three copies of complaints should be presented and the process includes the following:
- It should be given in writing
- It can be filed in the offline mode by visiting the office.
- It can be filed in online mode too. (By visiting http://edaakhil.nic.in/)
Understand the Consumer Protection Act with a Video