Chapter VI (Sections 82-87) of the Consumer Protection Act, 2019 creates a dedicated product liability action in India, letting a consumer harmed by a defective product or deficient product service sue the manufacturer, the product service provider, or -- in specific circumstances -- the seller, each held to a different standard of liability.
Three possible defendants, three different standards
Section 84 makes a manufacturer liable for a product liability claim if the product has a manufacturing
defect, a design defect, deviates from manufacturing specifications, fails to conform to an express warranty,
or lacks adequate instructions/warnings about a danger the manufacturer knew or should have known about.
Section 85 makes a product service provider liable for deficient service, failure to warn, or negligence.
Section 86 makes a seller liable only in narrower circumstances -- for example, if the seller exercised
substantial control over the design or manufacture, altered the product, gave an independent express
warranty, or failed to exercise reasonable care in assembly or inspection.
What a claimant needs to establish
Under Section 83, a product liability action can be brought regardless of whether the consumer has also
filed a separate complaint about a defect or deficiency, and regardless of whether the product was purchased
under a warranty. The claimant generally needs to show harm caused by the product and that the harm resulted
from one of the specific grounds listed in Sections 84-86 against the particular defendant being sued.
Exceptions under Section 87
Section 87 sets out defences available to a manufacturer, service provider, or seller -- for instance,
that the product was misused, altered, or modified by the consumer in a manner that caused the harm, that the
consumer was aware of the defect and used the product anyway, or that the harm arose from the consumer’s
own negligence. These are assessed on the specific facts of each case, and an NRI pursuing a product liability
claim over goods purchased or used in India should retain purchase records, photographs of the defect, and any
correspondence with the manufacturer or seller as early as possible, since the burden of establishing the
defect and the resulting harm ultimately rests on the claimant.
Can I sue both the manufacturer and the seller for the same defective product?
Yes, in principle -- the Act allows separate liability standards for manufacturers, product service
providers, and sellers, so a claim can potentially be brought against more than one party depending on which
of the grounds in Sections 84-86 applies to each.
Does a written warranty limit my product liability claim?
Not necessarily -- Section 83 allows a product liability action independent of any warranty, and a failure
to conform to an express warranty is itself one of the grounds for manufacturer liability under Section 84,
rather than a ceiling on the claim.
What kind of compensation can a Consumer Commission award in a product liability case?
Commissions can award compensation for the harm suffered -- which can include personal injury, property
damage, mental agony, and, in serious cases, may extend to punitive damages -- alongside the standard
remedies available under the CPA 2019 such as replacement or refund.
