THE CONSUMER PROTECTION ACT, 2019

Exceptions to product liability action —(1) A product liability action cannot be brought againstthe product seller if, at the time of harm, the product was misused, altered, or modified.(2) In any product liability action based on the failure to provide adequate warnings or instructions,the product manufacturer shall not be liable, if—(a) the product was purchased […]

Liability of product sellers A product seller who is not a product manufacturer shall be liablein a product liability action, if—(a) he has exercised substantial control over the designing, testing, manufacturing, packaging orlabelling of a product that caused harm; or(b) he has altered or modified the product and such alteration or modification was the substantialfactor

Liability of product service provider A product service provider shall be liable in a productliability action, if—(a) the service provided by him was faulty or imperfect or deficient or inadequate in quality, nature ormanner of performance which is required to be provided by or under any law for the time being in force,or pursuant to

Liability of product manufacturer (1) A product manufacturer shall be liable in a productliability action, if—(a) the product contains a manufacturing defect; or(b) the product is defective in design; or(c) there is a deviation from manufacturing specifications; or(d) the product does not conform to the express warranty; or(e) the product fails to contain adequate instructions

Product liability action —A product liability action may be brought by a complainant against aproduct manufacturer or a product service provider or a product seller, as the case may be, for any harmcaused to him on account of a defective product. Practice area’s of B K Goyal & Co LLP Income Tax Return Filing |

Application of Chapter This Chapter shall apply to every claim for compensation under aproduct liability action by a complainant for any harm caused by a defective product manufactured by aproduct manufacturer or serviced by a product service provider or sold by a product seller Practice area’s of B K Goyal & Co LLP Income Tax

Recording settlement and passing of order —(1) The District Commission or the StateCommission or the National Commission, as the case may be, shall, within seven days of the receipt ofthe settlement report, pass suitable order recording such settlement of consumer dispute and dispose of thematter accordingly.(2) Where the consumer dispute is settled only in part,

Settlement through mediation —(1) Pursuant to mediation, if an agreement is reached betweenthe parties with respect to all of the issues involved in the consumer dispute or with respect to only someof the issues, the terms of such agreement shall be reduced to writing accordingly, and signed by theparties to such dispute or their authorised

Procedure for mediation —(1) The mediation shall be held in the consumer mediation cellattached to the District Commission, the State Commission or the National Commission, as the case maybe.(2) Where a consumer dispute is referred for mediation by the District Commission or the StateCommission or the National Commission, as the case may be, the mediator

Replacement of mediator in certain cases Where the District Commission or the StateCommission or the National Commission, as the case may be, is satisfied, on the information furnished bythe mediator or on the information received from any other person including parties to the complaint andafter hearing the mediator, it shall replace such mediator by another