Product Liability under the Consumer Protection Act,
2019: An Underutilised Shield for Consumer Safety and the Role of Consumer
Organisations
Blog Article By Amarjeet Singh, Advocate
Published on 06 Nov. 2025
The Consumer Protection
Act, 2019 (CPA 2019) marks a major transformation in India’s consumer
protection landscape. With its expanded definitions, wider recognition of harm,
and stronger enforcement mechanisms, the Act is designed to meet the realities
of a rapidly evolving marketplace. Among its most significant innovations is
the introduction of a dedicated product liability regime under Chapter
VI (Sections 82–87)—a framework that, if effectively used, can create
unprecedented accountability across supply chains.
However, despite its
potential, product liability under the 2019 Act remains significantly
underutilised. Many consumers are unaware of their rights, legal practitioners
seldom invoke the new provisions, and enforcement agencies have yet to fully
operationalise its transformative vision. In this context, consumer
organisations have a decisive role in mainstreaming the concept, ensuring that
Chapter VI becomes a living instrument of justice rather than a dormant chapter
in the statute.
Understanding the Legal Foundation: Sections 2(33) to 2(38)
The conceptual bedrock of
product liability under the CPA 2019 lies in Sections 2(33)–2(38).
These definitions collectively clarify who can be held accountable and what
constitutes actionable harm.
A product,
defined in Section 2(33), includes any article, good, or substance
manufactured, processed, packaged, sold, or delivered for consumer use—along
with its components and raw materials. This ensures liability is not restricted
to final goods but includes the entire chain of inputs.
A product liability
action, under Section 2(34), is a claim for compensation filed by a
consumer for harm caused by a defective product, a deficient service, or the
wrongful act of a manufacturer, seller, or service provider. This allows the
consumer to seek relief from any responsible party, not just the manufacturer.
Sections 2(35) (product
manufacturer), 2(36) (product seller), and 2(37) (product
service provider) expand the scope of responsibility to reflect modern
commercial realities. Manufacturers include those who repackage or rebrand
products; sellers include importers and online marketplaces depending on their
involvement; and service providers include technicians who install or maintain
products.
Section 2(38) defines
“harm” broadly, covering physical injury, mental agony, emotional distress,
property damage, and associated economic loss. This expansive definition is
essential in recognising the full spectrum of damages consumers suffer.
Chapter VI: The Operational Machinery of Product Liability
Chapter VI, comprising
Sections 82 to 87, operationalises these definitions to impose
distinct responsibilities on manufacturers, service providers, and sellers.
Section 82 imposes
liability on manufacturers for manufacturing defects, design defects,
deviations from specifications, inadequate warnings, and failure to exercise
reasonable care. Importantly, a strict liability standard applies—consumers
need not prove negligence, only the existence of the defect and resulting harm.
Section 83 extends the
liability framework to service providers, who must exercise due care while
installing, repairing, maintaining, or handling products. Faulty installation
or negligent repair work that causes harm is grounds for liability.
Section 84 holds sellers
accountable when they knowingly sell defective goods, misrepresent products,
fail to warn consumers, or tamper with products. This is particularly relevant
in the era of e-commerce, where sellers and platforms may attempt to hide
behind contractual disclaimers.
Sections 85 to 87 provide
defences, such as consumer misuse, alteration of products after sale, or the
presence of obvious risks. These provisions ensure balance while keeping
consumer safety at the forefront.
The
Transformative Potential of Chapter VI
If invoked effectively,
Chapter VI has the potential to reshape India’s consumer safety landscape. It
shifts the focus from mere refunds and replacements to genuine accountability
for harm, aligning Indian law with international best practices. For example,
injuries from defective home appliances, burns from unsafe cosmetics, accidents
caused by automobile defects, and property damage from faulty installations are
no longer issues that should end with a refund—they demand compensation and
responsibility.
This shift is significant
because it transforms consumer protection from being transactional to being
rights-based. It recognises that unsafe products cause real physical,
emotional, and financial harm, and that remedy must go beyond superficial
resolution.
Why
Chapter VI Remains Underutilised
Despite its promise,
Chapter VI remains largely underused. Several factors contribute to this:
Most consumers are unaware
of product liability provisions and seldom differentiate between a simple
defect complaint and a compensable harm claim. Lawyers trained under the old
1986 Act often continue to file cases using general defect or deficiency
provisions without invoking Chapter VI or Sections 2(33)–2(38).
Consumer Commissions sometimes avoid the chapter for fear of technical
complexity or limited jurisprudence. E-commerce platforms successfully reduce
many disputes to refund/return processes, thereby deflecting genuine harm-based
claims.
Limited precedents from higher courts leave the domain legally underdeveloped,
hindering confidence in bringing product liability actions.
The result is a powerful statutory framework that is not being effectively
activated.
Punishments and Penalties Related to Unsafe Products
While
product liability under Chapter VI of the Consumer Protection Act, 2019 is
primarily a civil
remedy focused on compensating consumers for harm, the Act also
contains strong
punitive provisions that address the broader ecosystem of
unsafe, adulterated, spurious, or misleadingly marketed products.
Sections
89
to 91 introduce criminal liability for manufacturers, sellers,
and endorsers whose actions endanger consumer safety. Misleading advertisements
can attract fines up to ₹50 lakh
and imprisonment of up to five years for repeat offenders, while the sale or
manufacture of adulterated or spurious goods—including food,
cosmetics, medicines, and consumer products—may lead to imprisonment extending
to life,
especially when such products cause grievous injury or death.
In
parallel, the Central Consumer Protection Authority (CCPA) is
empowered to order product recalls, impose penalties, discontinue unsafe
practices, and prohibit endorsers from promoting harmful or deceptive products.
These punitive measures complement the product liability framework by ensuring
that dangerous goods and dishonest marketing are not treated merely as civil
wrongs but as serious offences against consumer safety and public welfare.
The Role
of Consumer Organisations: How They Should Take up Product Liability
Organisations working on
consumer rights—have an essential role in ensuring that Chapter VI fulfils its
promise. Their involvement is crucial for several reasons: they serve as the
bridge between consumers and the legal system, shape public awareness, guide
litigation strategies, and influence policy-level understanding.
1. Legal
Education and Capacity Building
Consumer organisations
should invest in training lawyers, field workers, counsellors, and community
volunteers on the meaning and application of Sections 2(33)–2(38) and Sections
82–87. Workshops on identifying design defects, understanding failure-to-warn
liability, and preparing expert evidence can significantly improve case
quality. Model pleadings and case templates focusing on product liability
actions should be developed and disseminated widely.
2. Public
Awareness and Outreach
The power of product
liability remains hidden unless consumers know their rights. Organisations
should create accessible guides, social media explainers, helpline scripts, and
short videos that illustrate when a consumer is entitled to compensation for
harm. Real-life stories—burn injuries from faulty appliances, property damage
from defective wiring, or harm from unsafe cosmetics—can help people understand
that such incidents are not “accidents” but statutory violations.
3.
Strategic Litigation and Test Cases
To build jurisprudence,
consumer organisations should identify strong cases where product defects have
caused injury or property damage and pursue them under Chapter VI. Even a
handful of well-prepared product liability cases can shape national legal
standards and influence how Commissions view these provisions. Organised
litigation can also push manufacturers and online platforms to rethink safety
practices.
4.
Collaboration with the CCPA and Regulators
Consumer organisations can
work closely with the Central Consumer Protection Authority (CCPA) by
submitting evidence-based complaints, flagging unsafe products, monitoring
recalls, and providing research inputs for safety standards. This helps
strengthen enforcement and supports the regulatory ecosystem envisioned by the
2019 Act.
5.
Research, Documentation, and Safety Audits
Consumer organisations
should document recurring harmful defects in sectors such as toys, electronics,
automotive components, cosmetics, medical devices, and home appliances. Such
documentation not only helps with litigation but also serves as evidence for
regulatory interventions. Annual reports on product safety trends can position
consumer organisations as authoritative voices in policy debates.
6.
Advocacy for Clearer Standards and Enforcement
Organisations should
facilitate dialogue with BIS, FSSAI, TRAI, and other regulators to push for
sector-specific safety standards. Where standards are ambiguous or outdated,
advocacy becomes essential to harmonise them with Chapter VI’s consumer-centric
logic.
7.
Supporting Consumers through Legal Clinics and Helplines
Many consumers do not
recognise that their injuries or damages qualify for a product liability
action. Consumer organisations can run legal clinics, helplines, and digital
complaint desks to help consumers distinguish between minor defects and genuine
harm claims. Creating “Product Liability Desks” at consumer organisations can
significantly increase uptake.
Conclusion
Product liability under the
Consumer Protection Act, 2019 is one of the most progressive additions to
Indian consumer law. Through its comprehensive definitions and robust liability
framework, it creates a clear path for consumers to seek compensation for harm
caused by defective products and negligent services. But its potential remains
unrealised because it is not widely used, understood, or enforced.
Consumer organisations
stand at the threshold of an important opportunity. By taking up product
liability strategically—through awareness, litigation, research, and regulatory
engagement—they can ensure that Chapter VI becomes a powerful tool for public
safety. When used effectively, it can save lives, prevent injury, reduce harm,
and fundamentally reshape the standards of responsibility in India's marketplace.
The law is ready. What is needed now is decisive action from consumer
organisations to bring this framework into the centre of consumer justice.
Disclaimer:
This blog is intended for educational and informational purposes only and
should not be construed as legal advice. Consumer disputes and product
liability cases depend on specific facts, evidence, and circumstances. Readers
should seek independent legal consultation before initiating legal action. PRAN
and the author disclaim any liability arising from reliance on the content
provided here.
About
PRAN:
PRAN (Public Rights Action Network) is an independent legal and public-interest
initiative led by Advocate Amarjeet Singh Panghal. PRAN works to strengthen
consumer protection, improve access to justice, support evidence-based
policymaking, and promote safe, equitable, and accountable governance. Through
legal research, public education, advocacy, and collaboration with civil
society, PRAN strives to protect citizens from unfair practices, unsafe products,
and systemic failures.
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