Under the Consumer Protection Act, 2019, how many of the following cases can lead to a claim for compensation under product liability?
(A) A toy breaks because of a fault in its making and hurts a child.
(B) A shop sells a gas cylinder with a leak, and the buyer’s kitchen catches fire.
(C) A mechanic of a gas agency fits a regulator carelessly, and the buyer’s hand gets burnt.
(D) A buyer does not like the colour of a new phone, though the phone works well.
Answer & explanation
Correct answer: option 3
The correct answer is Option (3) → Three
(A) A toy breaks because of a fault in its making and hurts a child. — Can lead to a claim. The toy has a fault in its making, so it is a defective product manufactured by the maker. It caused harm to a child.
(B) A shop sells a gas cylinder with a leak, and the buyer’s kitchen catches fire. — Can lead to a claim. The shop sold a defective product, the leaking cylinder. The fire harmed the buyer’s property.
(C) A mechanic of a gas agency fits a regulator carelessly, and the buyer’s hand gets burnt. — Can lead to a claim. Careless fitting is a deficiency in services, and it burnt the buyer’s hand. Product liability also covers harm caused by deficiency in services.
(D) A buyer does not like the colour of a new phone, though the phone works well. — Cannot lead to a claim. The phone works well, so there is no defect, no deficiency and no harm. A dislike of the colour gives no claim.
NCERT (2026-27 Edition): “Terms & Definitions … 6. Defect: Any fault, imperfection, shortcoming or inadequacy in quality, nature and manner of performance in relation to goods or a product. “11. Product Liability: Responsibility of a product manufacturer or seller of any product or service to compensate for any harm caused to a consumer by defective product manufactured or sold or by deficiency in services.” |