Are Imported Products Covered Under Indian Product Liability Law?

Under Indian law, the issue of product liability for imported products has gained significant attention in recent years. With the rise of global trade and the importation of goods from various countries, it is essential to understand whether products manufactured outside India are held to the same legal standards as domestically produced goods when it comes to product safety and consumer protection.

Yes, imported products are covered under Indian product liability law. The legal provisions governing product liability apply equally to products manufactured within India and those that are imported from other countries. This ensures that consumers receive the same level of protection regardless of where the product was made.

Legal Framework for Imported Products under Indian Product Liability Law:

Consumer Protection Act, 2019:

The Consumer Protection Act, 2019 is the primary legislation governing consumer rights and product liability in India. The Act includes provisions for the protection of consumers from defective products, including imported goods.

Section 2(34) of the Act defines a defective product as a product that is not in conformity with the express or implied warranties or guarantees. This definition applies to all products, including imported ones.

Section 17 of the Act makes the manufacturer and seller (including those who import goods) liable for any defect or deficiency in the products sold to consumers.

Key provisions under the Act that apply to imported goods:

• Defective goods: If an imported product is defective and causes harm to the consumer, the manufacturer, the importer, and the seller can all be held liable.
• Liability of the importer: Under Indian law, the importer of a product is considered a seller, and they are bound by the same product liability laws as domestic sellers. Therefore, the importer can be held accountable for any defect in the product they bring into India, just as a local manufacturer or retailer would be.

Sale of Goods Act, 1930:

The Sale of Goods Act, 1930 governs the sale of goods in India and applies to both domestic and imported products. It contains provisions related to implied warranties, such as merchantability and fitness for a specific purpose, which are also applicable to imported goods.

The Act ensures that any product sold, including imported products, must meet certain standards of quality and safety. If the product does not meet these requirements and causes harm, the consumer can seek compensation or a remedy under the Act.

Product Liability under the Indian Contract Act, 1872:

The Indian Contract Act, 1872 applies to contracts for the sale of goods, including imported products. Under this law, a breach of contract could arise if the imported product does not meet the terms of the sale agreement, such as safety standards or quality assurances. In such cases, the buyer may claim damages or a remedy under the contract.

National Consumer Disputes Redressal Commission (NCDRC):

The NCDRC and other consumer forums in India deal with consumer complaints related to defective products, including imported ones. Consumers can file complaints about defective products, regardless of whether they are manufactured locally or abroad. If the imported product is found to be defective, the consumer can seek compensation, repair, or replacement.

Liability of Manufacturers and Importers of Imported Products:

Manufacturer Liability:

A foreign manufacturer can be held liable for a defect in an imported product if the product causes harm or injury to the consumer in India. Even though the product is manufactured outside India, the manufacturer is still responsible for the product's safety and quality. If the manufacturer is based outside India, they may be subject to international liability laws or sued within India, depending on the circumstances.

Importer Liability:

The importer in India is treated as the seller of the product and is equally responsible for ensuring that the goods they bring into India are defect-free. Under the Consumer Protection Act, 2019, if an imported product is found to be defective, the importer can be held liable for compensation, repair, or replacement.

Importers are expected to ensure that the products they import meet the Indian standards for safety and quality. If the imported goods fail to meet these standards and cause harm, the importer can be sued for product liability in Indian courts.

What Happens if an Imported Product Causes Harm?

If an imported product causes injury or damage, the following steps can be taken under Indian law:

• File a Complaint with Consumer Forums: Consumers can file complaints with consumer forums (district forums, state forums, or the National Consumer Disputes Redressal Commission). These forums will hear the case and determine if the product was defective and whether compensation should be awarded.
• Liability of the Manufacturer: The consumer can hold the manufacturer of the product liable, even if they are based outside India. This is possible under the Consumer Protection Act, 2019, as it provides jurisdiction for handling complaints related to defective products, irrespective of the geographical location of the manufacturer.
• Liability of the Importer: If the product was imported, the importer can be held liable as well. This means that even if the defect originated from the manufacturer in another country, the importer of the product in India could still be legally responsible.
• Remedies Available: The consumer can seek remedies such as compensation for medical expenses, repair of the product, or even a replacement under Indian consumer protection laws.

Example:

Example – Defective Imported Electric Appliance:

An Indian consumer purchases an imported electric heater from an online retailer. The heater malfunctions within a few days, causing a fire that damages the consumer's property.

The consumer can file a product liability claim under the Consumer Protection Act, 2019.

Both the importer and the manufacturer can be held liable. The importer, who brought the product into India, is responsible for ensuring its safety. If the product was defective due to poor design or manufacturing, the foreign manufacturer can also be sued.

The consumer can claim compensation for the property damage, medical expenses (if any), and other losses caused by the defective product.

Conclusion:

Yes, imported products are covered under Indian product liability law. Indian consumer protection laws apply to all products sold within India, whether manufactured domestically or abroad. Both the importer and the manufacturer of an imported product can be held liable if the product is defective and causes harm to the consumer. These protections are crucial for ensuring that consumers are not disadvantaged when purchasing goods from international markets, and they have the same legal recourse for defective imported goods as they would for domestically manufactured products.