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

Ravi bought a pressure cooker from a Pune retailer. The cooker burst and injured him because its lid design was unsafe. The retailer only resold the sealed product. Against whom is the product liability action most clearly maintainable on the facts, under the Consumer Protection Act, 2019?

The action lies against the manufacturer, because a product that is defective in design makes the manufacturer liable under the Act. A mere retailer who resold a sealed product, without control over design or manufacture, is not liable on those facts alone.

  1. AThe manufacturer, because the product is defective in designCorrect
  2. BThe retailer, because every seller is liable for any defective product
  3. CThe Central Consumer Protection Authority, because it regulates product safety
  4. DThe retailer, because he received payment for the cooker

Explanation

Under the Act, a manufacturer is liable in a product liability action if the product is defective in design. A seller who is not a manufacturer is liable only in the listed situations, such as substantial control over design or manufacture, and none is present here. The option making every seller liable is therefore wrong.

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