Consumer Protection Act Section 85 — Liability of product service provider
CHAPTER VI PRODUCT LIABILITY
Civil
Summary
A product service provider is held responsible in a product liability case if any of the following conditions are met.
Under clause (a), the provider is liable if the service they gave was faulty, imperfect, deficient, or inadequate in quality, nature, or how it was performed, where such quality or manner was required by any current law, by a contract, or by any other arrangement.
Under clause (b), the provider is liable if there was an act of omission, a commission, negligence, or a conscious withholding of any information, and this caused harm.
Under clause (c), the provider is liable if they did not give adequate instructions or warnings to prevent any harm.
Under clause (d), the provider is liable if the service did not match an express warranty or the terms and conditions of the contract.
Official Text
A product service provider shall be liable in a product liability action, if—
(a) the service provided by him was faulty or imperfect or deficient or inadequate in quality, nature or manner of performance which is required to be provided by or under any law for the time being in force, or pursuant to any contract or otherwise; or
(b) there was an act of omission or commission or negligence or conscious withholding any information which caused harm; or
(c) the service provider did not issue adequate instructions or warnings to prevent any harm; or
(d) the service did not conform to express warranty or the terms and conditions of the contract.