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Section 82: Application of Chapter

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Act 2019
Section 81 All 107 Sections of Consumer Protection Act Section 83

Legal Commentary & Landmark Judgments: Section 82

Section 82 of the Consumer Protection Act defines the application and scope of Chapter VI, codifying an exhaustive statutory regime governing product liability in India.

  • Core Legal Standard: Section 82 is the introductory gateway to the newly introduced Product Liability chapter.
  • Operational Mechanism: It provides that Chapter VI shall apply to any claim for product liability action brought against a product manufacturer, product service provider, or product seller for harm caused to a consumer by a defective product manufactured or sold, or by deficiency in services.

This statutory framework fundamentally updates Indian law from the traditional common law tort regime of caveat emptor (buyer beware) and negligence into a strict, codified statutory product liability regime covering every participant in the commercial distribution chain.

Key Landmark Precedents:
  • Donoghue v. Stevenson (1932) AC 562: The foundational common law ratio establishing the duty of care owed by manufacturers to ultimate consumers, which has now been explicitly codified and amplified in statutory form under Chapter VI of the Consumer Protection Act, 2019.
Legal Commentary:

Before the 2019 Act, consumers injured by exploding batteries, adulterated food, or defective vehicles had to establish tortious negligence through protracted civil suits. Section 82 creates a summary, statutory cause of action enabling rapid compensation for physical harm, property damage, or death.

Section 81 All 107 Sections of Consumer Protection Act Section 83