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Section 85 Consumer Protection Act 2019: Liability of product service provider

Section 85 (Liability of product service provider) under Chapter VI (Product Liability) of the Consumer Protection Act, 2019.—

❝A product service provider shall be liable in a product liability action, if—

 (a) the service provided by him was faulty or imperfect or deficient or inadequate in quality, nature or manner of performance which is required to be provided by or under any law for the time being in force, or pursuant to any contract or otherwise; or

 (b) there was an act of omission or commission or negligence or conscious withholding any information which caused harm; or

 (c) the service provider did not issue adequate instructions or warnings to prevent any harm; or

 (d) the service did not conform to express warranty or the terms and conditions of the contract.❞



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Notes:

(1) The Consumer Protection Act, 2019, an Act of Parliament, received the assent of the President on the 9th August, 2019, and was published in the Gazette of India (Extraordinary, Part II - Section 1) by the Ministry of Law and Justice (Legislative Department) on 9th August, 2019.

(2) Effective Date: The Act shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different States and for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.




This page was created/ last updated on 9th August, 2019.

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