How do I file a product liability claim for a defective product in India?

Question

A pressure cooker I bought burst and injured me while cooking. Can I claim compensation from the manufacturer under product liability? What I am unsure about is the procedure — where the application goes, what it costs, and how long product liability matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to product liability here is Consumer Protection Act 2019, Section 82, Consumer Protection Act 2019, Section 84 and Consumer Protection Act 2019, Section 87. The detail below matters, because Consumer Protection Act 2019, Section 82 draws the line differently depending on what your documents show.

Chapter VI (Sections 82-87) introduces product liability for the first time in India, allowing claims against the product manufacturer, service provider, or seller.

Section 84 makes a manufacturer liable if the product had a manufacturing defect, design defect, or deviated from manufacturing specifications, among other grounds.

Section 86 similarly makes a product seller liable in specified situations, for example where the seller exercised substantial control over design or manufacture.

There is no requirement of privity of contract; an injured bystander, not just the buyer, can bring a product liability action under Section 82.

Compensation can cover medical expenses, loss of income, pain and suffering, and punitive damages where the defect was known and concealed.

What this means for you: 1) Preserve the defective product, its packaging and any medical treatment records or bills immediately; 2) Get an expert or engineer's report, where feasible, establishing the manufacturing or design defect; 3) File a product liability complaint before the appropriate Consumer Commission based on pecuniary jurisdiction; 4) Also report the incident to BIS or the relevant safety regulator if the product carries a safety mark.

Where the facts are disputed, what usually decides a product liability matter is the paper trail — dated complaints, acknowledgments and written replies under Consumer Protection Act 2019, Section 82. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in consumer law.