Product Liability under the Consumer Protection Act, 2019: An Underutilised Shield for Consumer Safety

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.

════════════════════════════════════════════════

PUBLIC RIGHTS ACTION NETWORK (PRAN)

Consumer Rights | Public Health | Accountability | Access to Justice

Contact Us:

publicrightaction@gmail.com • pranindia@zohomail.in • +91 9829015812

twitter: @ActionPran | linkedin.com/company/109035137 | youtube.com/@PRAN-f4e

© 2025 PRAN. All Rights Reserved. Not Legal Advice.

═══════════════════════════════════════════════