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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Consumer Protection

Meera Traders sells imported electric heaters. The foreign manufacturer is unknown and no notice or process can be served on it. A heater overheats and burns a customer. Can the customer bring a product liability action against Meera Traders under the Act?

Yes. A non-manufacturer seller is liable where it sold the product and the manufacturer is unknown, cannot be served with notice or process, or is not subject to Indian law or enforcement. Those circumstances are a distinct ground of seller liability, separate from alteration or warranty.

  1. ANo, because only manufacturers can be sued in a product liability action
  2. BYes, because the product was sold by it and the manufacturer's identity is unknown or cannot be served or enforced againstCorrect
  3. CNo, because a seller is liable only if it has altered the product
  4. DYes, but only if Meera Traders gave an express warranty of its own

Explanation

A product seller who is not the manufacturer is liable where the product was sold by him and the manufacturer's identity is unknown, or notice or process cannot be served on the manufacturer, or the order cannot be enforced against him. Altering the product or giving an independent warranty are separate grounds, not the only ones.

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