Sections 82 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter VI of the Act opens with two short sections. Section 82 says the Chapter applies to every claim for compensation under a product liability action for harm caused by a defective product. Section 83 says who may bring the action and against whom: a complainant, against a product manufacturer, a product service provider or a product seller. The grounds on which each is liable come in the next sections. If you or your business face a claim of this kind, our consumer complaint filing team can help you read the sections in order.
The Chapter applies to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product that was manufactured by a product manufacturer, serviced by a product service provider or sold by a product seller (s.82). A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for harm caused on account of a defective product (s.83). Who is liable is dealt with in sections 84, 85 and 86.
The two sections at a glance
| Section | Subject | Key point |
|---|---|---|
| 82 | Application of the Chapter | Every claim for compensation for harm caused by a defective product |
| 83 | Product liability action | Complainant against manufacturer, service provider or seller, as the case may be |
For a general overview of all six sections, see our existing post on product liability under CPA 2019, sections 82–87. This series takes each section in turn.
Section 82: where the Chapter applies
"This Chapter shall apply to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product manufactured by a product manufacturer or serviced by a product service provider or sold by a product seller."
Break it into its parts:
| Element | Text |
|---|---|
| What the claim is for | Compensation |
| What type of action | A product liability action |
| Who brings it | A complainant |
| What caused the loss | A defective product |
| Whose product | Manufactured by a product manufacturer, or serviced by a product service provider, or sold by a product seller |
| What is claimed | "Any harm" |
The word "every" matters: any claim of this kind falls under Chapter VI. Section 82 does not say what happens to a claim that is not for harm, such as a claim for a refund of the price of a defective product. The text is silent on that; this article does not extend it.
Section 83: who can sue and whom
"A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product."
The complainant
"Complainant" has the meaning in section 2(5). It lists:
| Type of complainant (s.2(5)) |
|---|
| A consumer |
| A voluntary consumer association registered under any law for the time being in force |
| The Central Government or any State Government |
| The Central Authority |
| One or more consumers, where there are numerous consumers having the same interest |
| In case of death of a consumer, his legal heir or legal representative |
| In case of a consumer being a minor, his parent or legal guardian |
Section 83 adds a limit in its closing words: the harm must be "caused to him". The text reads that the complainant sues for harm caused to the complainant. Read with the list above, an association or a Government is a complainant under section 2(5), but section 83 does not explain how "harm caused to him" fits those complainants. The text is silent on that. For the meaning of the terms, see our article on the definition of consumer and complainant.
The three possible respondents
| Respondent | Where defined |
|---|---|
| Product manufacturer | Section 2(36) |
| Product service provider | Section 2(38): a person who provides any service in respect of such product |
| Product seller | Section 2(37): a person who, in the course of business, imports, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or is otherwise involved in placing the product for commercial purpose |
The words "as the case may be" mean the action is brought against the one that fits the facts. The text does not say that all three must be joined, nor that the complainant must pick one first. Sections 84, 85 and 86 set out when each is liable; read them as separate tests.
What "product" means
Section 2(33) defines "product" as any article or goods or substance or raw material or any extended cycle of such product, in gaseous, liquid or solid state, possessing intrinsic value, capable of delivery either as wholly assembled or as a component part, and produced for introduction to trade or commerce. It does not include human tissues, blood, blood products and organs.
What counts as "harm"
Section 2(22) says "harm", in relation to a product liability, includes:
- damage to any property, other than the product itself;
- personal injury, illness or death;
- mental agony or emotional distress attendant to personal injury or illness or damage to property; or
- any loss of consortium or services or other loss resulting from a harm referred to in the first three.
It "shall not include any harm caused to a product itself or any damage to the property on account of breach of warranty conditions or any commercial or economic loss, including any direct, incidental or consequential loss relating thereto".
| Included | Not included |
|---|---|
| Damage to other property | Harm to the product itself |
| Personal injury, illness, death | Damage to property on account of breach of warranty conditions |
| Mental agony attendant to injury or damage | Commercial or economic loss, direct, incidental or consequential |
| Loss of consortium or services resulting from the above |
Example 1. A pressure cooker bought by Mrs Menon bursts and burns her hand. She is a complainant and the harm is personal injury, which section 2(22) lists. She may bring a product liability action against whichever of the manufacturer, service provider or seller the later sections make liable.
Example 2. A trader buys 100 faulty water pumps and loses a month's sales because they fail. The loss of sales is commercial or economic loss and the definition of harm excludes it. This is why a loss like this is outside a product liability action, whatever other remedy the Act may give for defective goods in a complaint under section 2(6).
Where the action is filed
A "product liability action" is defined in section 2(35) as a complaint filed by a person before a District Commission, State Commission or National Commission for claiming compensation for the harm caused to him. Which Commission depends on the money limits in sections 34, 47 and 58, quoted in this series as enacted, with the note that the Central Government may prescribe other values by rules. See pecuniary jurisdiction for the existing guide.
What the text leaves out
- Sections 82 and 83 do not set a limitation period; section 69 applies to complaints generally.
- They do not say who must prove the defect. Sections 84–86 set the conditions for liability.
- They do not say whether the claim can be joined with a complaint of defect or deficiency under section 2(6).
Need help with a product liability claim?
A product liability claim turns on the harm, the defect and who made, serviced or sold the product. Our team can help you sort the facts and prepare the complaint. Start with consumer complaint filing and bring the bill, photographs, medical records and any warranty papers.
Key takeaways
- Chapter VI applies to every claim for compensation for harm caused by a defective product (s.82).
- A complainant may bring the action against a product manufacturer, product service provider or product seller, as the case may be (s.83).
- "Harm" includes property damage other than the product, personal injury, illness, death and related distress, but not harm to the product itself or commercial or economic loss.
- The action is a complaint before a District, State or National Commission.
- Liability tests are in sections 84, 85 and 86.
Read next
- Product Liability Under CPA 2019: Section 82–87
- Section 84: liability of the product manufacturer
- Section 85: liability of the product service provider
- Section 86: liability of the product seller
Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, as consulted on 1 October 2026. Monetary limits, fees and procedure are set or revised by rules and regulations made under the Act and should be checked in their current form. This article is general information, not legal advice; check the official text before acting.