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? I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

How do I file a product liability claim for a defective product in India? is governed in India primarily by Consumer Protection Act 2019, Section 82, Consumer Protection Act 2019, Section 84 and Consumer Protection Act 2019, Section 87. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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 to do next: 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.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Consumer Protection Act 2019, Section 82 carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.