The Consumer Protection Act, 2019
By Adv Ravneet Singh Joshi
Chitkara University Business School Program BCOM
Subject Code : 24COM1172 Bussiness Regulatory Framework
The Consumer Protection Act, 2019
CHAPTER VI: PRODUCT LIABILITY (SECTIONS 82-87)
Objective:
This chapter defines the concept of product liability and lays
down the conditions under which manufacturers, service
providers, and sellers can be held liable for any harm caused
by defective products or deficient services.
• Product Liability Action (Section 82):
• Consumers can initiate a product liability action against
manufacturers, service providers, or sellers for harm
caused by defective products or services.
• Where to File: Product liability actions are filed before
the Consumer Dispute Redressal Commissions (District,
State, or National level) depending on the value of the
claim.
• Example: If a consumer purchases a defective
smartphone that catches fire due to a battery issue,
they can file a product liability action against the
manufacturer before the District Consumer Dispute
Redressal Commission if the value of the claim is within
the jurisdiction of that forum.
• Liability of Manufacturer (Section 84):
• The manufacturer is liable for any harm caused by a
defective product, regardless of whether they were
negligent.
• This includes:
o Manufacturing Defects: If a batch of vehicles
has faulty brakes due to a manufacturing error, the
manufacturer is responsible for any accidents
caused.
o Design Defects: If a car model is designed with a
top-heavy structure, making it prone to rollovers,
the manufacturer can be held liable for injuries
caused by the design.
o Deviations from Manufacturing Specifications: If a
batch of baby strollers is produced without
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The Consumer Protection Act, 2019
By Adv Ravneet Singh Joshi
following the original safety specifications, leading
to injuries, the manufacturer is liable.
o Inadequate Instructions or Warnings on the
Label: If a cleaning product lacks warnings about
the toxic fumes it produces when mixed with other
common cleaning agents, the manufacturer can be
held liable for any resulting harm.
• Liability of Service Provider (Section 85):
• Service providers can be held liable for harm caused due
to deficiency in the service provided.
• This includes negligent or improper services that do not
meet the standards expected by the consumer.
• Example: If a mechanic repairs a car's brakes
incorrectly, leading to brake failure and an accident, the
mechanic (service provider) can be held liable for the
harm caused due to improper service.
• Liability of Seller (Section 86):
• Sellers are liable if they exercise substantial control over
the product’s design, alteration, or if they make an
express warranty that the product will meet certain
standards.
• Example: If an electronics store assures a buyer that a
specific air purifier will eliminate allergens and
pollutants, but the device fails to meet this standard,
causing health issues for the consumer, the seller can
be held liable based on the express warranty.
• Exceptions to Liability (Section 87):
• The manufacturer, service provider, or seller may not be
held liable in cases where the product was misused,
altered, or not used as per the instructions.
• Example: If a consumer uses a microwave to heat
metal objects despite clear warnings in the user
manual, and the microwave catches fire, the
manufacturer or seller may not be held liable for the
resulting damage as the product was misused.
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The Consumer Protection Act, 2019
By Adv Ravneet Singh Joshi
Difference Between Product Liability Action and Unfair
Trade Practice Complaint:
• Product Liability Action:
• In a product liability action, the focus is on harm caused
by a defective product or deficiency in service provided
by manufacturers, service providers, or sellers.
• The consumer seeks compensation for personal injury,
property damage, or financial loss caused by the defect.
• Example: A consumer sues a car manufacturer
because a design flaw in the airbags caused injury
during an accident.
• Unfair Trade Practice Complaint:
• An unfair trade practice complaint deals with deceptive,
fraudulent, or unethical practices by sellers or service
providers that mislead consumers or violate their rights.
• The focus is on practices like false advertising,
misleading representations, or selling substandard
products.
• Example: A consumer files a complaint against a
company that falsely claims its cosmetic product has
"organic" ingredients when, in fact, it contains harmful
chemicals.
In summary, product liability actions are about harm caused
by defective products or services, while unfair trade practice
complaints address misleading or unethical business
practices. Both types of complaints can be filed before the
Consumer Dispute Redressal Commissions, but they target
different forms of consumer exploitation.
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