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Section 85: Liability of product service provider

Consumer Protection Act • Official Statutory Text & Practice Guide

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Act 2019
Section 84 All 107 Sections of Consumer Protection Act Section 86

Legal Commentary & Landmark Judgments: Section 85

Section 85 of the Consumer Protection Act establishes the liability of a product service provider for harm caused by deficient, substandard, or negligent execution of services or failure to provide adequate warnings.

  • Product Service Provider Liability: Section 85 governs the product liability of a service provider, establishing liability for deficient, inadequate, or negligent services that cause harm to a consumer.
  • Statutory Exceptions & Proof: A service provider is liable where the service was provided without adequate warnings or where reasonable safety standards were knowingly breached during performance.
Key Landmark Precedents:
  • Indian Medical Association v. V.P. Shantha (1995) 6 SCC 651: The Supreme Court held that service providers are legally bound to deliver services conforming to statutory safety and professional standards, and any deficiency causing bodily harm attracts strict legal liability.
Legal Commentary:

Section 85 holds authorized service centers, appliance technicians, and maintenance contractors directly accountable for negligent repairs. If a faulty vehicle brake service or improper air-conditioner installation causes an explosion or accident, the service provider faces joint and several liability under Section 85.

Section 84 All 107 Sections of Consumer Protection Act Section 86