PRODUCT LIABILITY LAW IN INDIA-A CRITIQUE

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PROF. ASHUTOSH V. PANCHBHAI, DR. VIVEK V. NEMANE, DR. VAIBHAV B. SONULE

Abstract

Consumer protection is a social and economic activity that involves the government and businesses working together to ensure that consumers are satisfied. Even before independence, the rulers of India had consumer protection as one of their obligations. With the passage of the new Consumer Protection Act of 2019, the protection level was raised to the next level. The Act, apart from modifying the concepts of the Act of 1986, has introduced several revolutionary features like the concept of “unfair contract”, mediation as method for resolution of consumer disputes, establishment of the central agency called Central Protection Agency with power of investigation and issuance of cease and desist orders, a new chapter on offences and penalties. Each of these topics will require a separate article. In the present article we will attempt to present an overview of the regime on product liability which in our opinion is going to be a game changer. The enactment of the Consumer Protection Act, 2019 has included India in the list of the few countries that have legislation on “Product Liability”.

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