PRODUCT LIABILITY AND CONSUMER PROTECTION ACT 2019
Creators
- 1. I Year B.B.A.LL.B(Hons.), National Forensic Sciences University, Delhi Campus, India.
Description
ABSTRACT
It is estimated that millions of individuals globally are negatively impacted by such products, leading to substantial financial compensation paid by manufacturers or sellers in the form of product liability insurance and damages. This phenomenon is underpinned by a common-law principle known as "caveat venditor," or "let the seller beware," which places the onus of responsibility on the seller regarding the consumer's issues with the product. Product liability delineates the responsibilities of producers to compensate for injuries caused by defective items sold for consumer use. The principle of product liability allows consumers to seek legal remedies for injuries caused by faulty products, highlighting the idea of caveat venditor (let the seller beware). The Consumer Protection Act of 2019 represents a major legislative improvement in India, creating a clear framework for product liability and consumer rights. This Act builds on the earlier 1986 law by adding important elements such as accountability for defective products, unfair contracts, mediation processes, and the creation of the Central Consumer Protection Authority. The research indicates a transition from caveat emptor to caveat venditor, increasing the responsibility of manufacturers and sellers. It also explores the development of product liability in India in relation to international legal trends. Although the Act is comprehensive, there are still challenges in its enforcement and interpretation in courts due to its recent implementation. The paper concludes that the 2019 Act enhances consumer rights, aligns Indian legislation with global practices, and creates a more equitable system for resolving product-related issues.
Keywords- Consumer Protection, Product Liability, caveat venditor etc.
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