CONSUMER PROTECTION ACT, 2019
Introduction
Products and Services Liability is the legal responsibility of manufacturers, sellers,
and service providers for harm caused to consumers due to defective goods or
negligent services. It ensures consumer safety and promotes fair business practices.
Liability arises when products are unsafe or services are deficient. It allows
consumers to claim compensation for loss or injury. In India, it is governed by:
The Indian Contract Act, 1872
The Sale of Goods Act, 1930
Law of Torts
Consumer Protection Act, 2019.
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Concept of Product Liability
Products liability refers to the legal responsibility imposed on any or all parties along
the chain of manufacture of any product for damage caused by that product. This
includes the manufacturer of parts (at the top of the chain), the assembler, the
wholesaler, and the retail store owner (at the bottom of the chain). Manufacturers,
distributors, and retailers may all be liable. Defects may arise due to:
Manufacturing defects
Design defects
Lack of warnings or instructions
Concept of Service Liability
Service Liability refers to the legal responsibility of a service provider for harm, loss,
or damage caused to a consumer due to negligence, deficiency, or failure to exercise
reasonable care and skill while providing a service. Services must be performed with
reasonable care and skill. Failure may lead to legal liability. Examples include
medical services, banking, transport, insurance, and repair services.
Section 2: Important Definitions
Sub Section 5: COMPLAINANT
A complainant is the person or body who can file a complaint under the Act. It
includes:
A consumer
A consumer group with the same interest
Registered consumer associations,
Government authorities
If the consumer has died, their legal heir or representative can complain
If the consumer is a minor, their parent or guardian can file the complaint.