DEFECT IN GOODS AND DEFICIENCY IN SERVICES

Goods – The term goods which includes all materials, commodities and articles with it, the implication that the materials, commodities etc., are for purposes of trade. Goods have essentially commercial character. To become goods an article must be something which can ordinarily come to the market to be bought and sold.

The word goods, in the Sale of Goods Act means and includes every kind of moveable property. Goods means anything which is the Subject of trade or manufacture. Goods includes bullion, wares and merchandise and articles of every kind whatever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried. Thus goods includes inanimate things of every kind.

According to Section 2(i) of the Consumer Protection Act, 1986 goods means goods as defined in the Sale of Goods Act, 1930. As per Section 2(7) of the Sale f Goods Act , 1930 goods means every kind of movable property, other than actionable claims and money and includes stocks and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. Thus every type of movable property is treated as goods. Goodwill, patents, trademarks, shares and debentures are all goods. Actionable claims and money are excluded from goods.

Defect – According Section 2(1)(f) of the Consumer Protection Act, 1986, 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 traders in any manner whatsoever relation to any goods.

The section has specific connotation it means imperfection or shortcoming in the quality, potency, purity or standard required to be maintained. A defect in title to property will not fall under any of the defects enumerated in Section 2(1)(f). A taint in property due to defective title does not affect the quality or property of the goods. It is far-fetching to maintain that a defect in title in any goods would affect their purity and render them impure.

Services – According to Section 2(1)(o) of the Consumer Protection Act, 1986, Service means service of any description which is made available to potential users and includes but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.

As per Section 2(1)(oo) spurious goods and services, mean such goods and services which are claimed to be genuine but they are actually not so.

 Free services and personal services under a contract have been excluded from the protective spell of the Act. Service must be of commercial nature in the sense that they must be on payment.

The term service is very wide and extends to any or all actual or potential users. The entire purpose of widening the definition is to include in it not only day to day buying of goods by a common man but even to such activities which are otherwise not commercial but professional or service-oriented in nature.

Deficiency – According to Section 2(1)(g) of the Consumer Protection Act, 1986, deficiency means any fault, imperfection, short coming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.