Product Liability Under the Consumer Protection Act 2019 (2026)
What a product liability action is under the Consumer Protection Act, 2019: who can be made liable, what a claimant must show, the defences, and the forum. Last verified October 2026.
How-to · Consumer Law · Product Liability
Before 2019, a buyer harmed by a defective product had to fight through negligence or contract law to recover anything. The Consumer Protection Act, 2019 changed that by creating a direct product liability action. Now a consumer can claim compensation for harm from a defective product against the manufacturer, the service provider, or the seller. This guide explains who is liable, what you must show, and the defences. Last verified October 2026.
- Law: Chapter VI (Sections 82 to 87) of the Consumer Protection Act, 2019, in force from 20 July 2020.
- Who is liable: the manufacturer (Section 84), the service provider (Section 85) or the seller (Section 86).
- Proof: a defect, the right defendant, causation, and the extent of the harm.
- Defences: Section 87 allows exceptions such as misuse, alteration, or an adequate warning that was ignored.
01What a product liability action is
A product liability action is a claim for compensation for harm caused by a defective product. It is set out in Chapter VI, Sections 82 to 87, of the Consumer Protection Act, 2019, which came into force on 20 July 2020.
"Harm" is defined widely. It includes damage to property, personal injury, illness or death, and mental agony or emotional distress linked to the injury. It does not cover harm to the product itself or purely commercial or economic loss, which fall under contract law instead.
02Who can be made liable
The Act names three possible defendants, and a claimant can proceed against any one of them depending on who is at fault:
- the product manufacturer, the one who makes or assembles the product;
- the product service provider, the one who installs, services or maintains it; and
- the product seller, which can include an importer or, in some cases, an online marketplace that acts as a seller.
This is a real shift. The buyer no longer has to prove a contract with each party or trace a chain of negligence. The Act fixes direct liability on the right party for the right kind of defect.
03When the manufacturer is liable
Under Section 84, a manufacturer is liable where the product has:
- a manufacturing defect;
- a design defect;
- a deviation from the manufacturing specifications;
- a non-conformity with an express warranty; or
- inadequate instructions or warnings for correct and safe use.
A strong point for consumers is that a manufacturer is liable for an express warranty even if it proves it was not negligent or fraudulent in making that warranty. The warranty promise itself fixes the liability.
04When the seller or service provider is liable
A product service provider is liable under Section 85 where the service was faulty, imperfect, deficient or inadequate, where there was an act of omission, commission or negligence, or where the provider consciously withheld information that caused the harm.
A product seller is liable under Section 86 in narrower situations, for example where the seller exercised substantial control over the design or making of the product, altered or modified it, gave its own express warranty, or could not identify the actual manufacturer. So a plain retailer who only passed on a sealed product is harder to pin than the maker.
05What the claimant must show
A claimant generally has to establish:
- that the product was defective in one of the ways the Act lists;
- that the defendant falls into the right category (manufacturer, service provider or seller);
- that the defect caused the harm; and
- the extent of the harm and the compensation claimed.
Keep the product, the packaging, the bill, the warranty card and any report. Photographs and a medical or engineering report often decide these cases.
06Defences under the Act
Section 87 gives the defendant certain exceptions. These include cases where the product was misused, altered or modified after sale, where the warning or instruction was adequate, or where the user ignored a clear warning. A seller may also escape liability where it did not have control over the product and the maker can be identified.
So the action is strong but not absolute. The exact defence that applies turns on the facts, which is why the records matter.
07Where to file
A product liability action is filed before the same Consumer Disputes Redressal Commissions as any consumer complaint, chosen by the value involved: the District Commission up to Rs 50 lakh, the State Commission above Rs 50 lakh and up to Rs 2 crore, and the National Commission above Rs 2 crore. The general filing steps and the two-year limit under Section 69 apply.
08Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Product liability is new enough that how commissions apply Sections 84 to 87 is still taking shape. Claw sits at the research and tracking layer: it searches 30 crore+ judgments to show how defect, causation and compensation have been decided, returning results in under 5 seconds, and it follows a live matter by party or advocate name across 9,102 courts, benches and forums, consumer commissions included. Coverage runs from Supreme Court rulings in 1950 to High Court rulings in 1990. Claw does not use your case documents to train any AI model.
Open a free Claw account to keep your product liability matter tracked by party or advocate name. For wider research, see case search across Indian courts.
09Sources and further reading
- India Code (Consumer Protection Act, 2019, Chapter VI): indiacode.nic.in
- Department of Consumer Affairs: consumeraffairs.nic.in
- e-Jagriti (national consumer case portal): e-jagriti.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. The product liability rules are recent and still being applied, so confirm the current position and take advice from counsel before you act.
10Frequently asked questions
What is a product liability action?
It is a direct claim for compensation for harm caused by a defective product, under Chapter VI of the Consumer Protection Act, 2019. The claimant can proceed against the manufacturer, the service provider, or the seller, before a Consumer Disputes Redressal Commission.
Who can I sue for a defective product?
Any of three parties, depending on fault: the product manufacturer under Section 84, the product service provider under Section 85, or the product seller under Section 86. You no longer need a contract with each party or a chain of negligence.
What counts as a defect?
A manufacturing defect, a design defect, a deviation from the manufacturing specifications, a non-conformity with an express warranty, or inadequate instructions or warnings for safe use. The exact grounds are in Section 84 for manufacturers.
What defences does the seller have?
Section 87 lists exceptions, such as misuse of the product, alteration or modification after sale, an adequate warning that the user ignored, or a seller who had no control over the product and can identify the maker. The defence that applies turns on the facts.
Where do I file a product liability claim?
Before the Consumer Disputes Redressal Commission that matches the value involved: District up to Rs 50 lakh, State above Rs 50 lakh and up to Rs 2 crore, and National above Rs 2 crore. The two-year limit under Section 69 applies.
Can Claw help with a product liability case?
Yes. Claw searches 30 crore+ judgments on how defect, causation and compensation have been decided, and follows a live matter by party or advocate name across 9,102 courts, benches and forums, with results in under 5 seconds. It tracks and researches the matter but does not give legal advice.