Law on Product Liability in India with Comparative Perspective

Abstract

Online marketplaces are being used by consumers to meet their demands for goods and services. The future of market apps will be impacted by the dependability and security of the goods and services offered by these marketplaces. Since both product responsibility and liability for intellectual property infringements are murkier areas, products offered by third parties on market platforms may have an impact on e-commerce platforms. Before 2019, courts regularly ruled that e-commerce sites were not responsible for any harm or accidents brought on by the goods they sold. These platforms are viewed by courts as nothing more than intermediaries for third-party transactions. Local suppliers supplied goods and services in pre-digital India. Customers addressed the manufacturer if they were harmed by defective products, but there was little legal recourse. However, global supply chains, increased international trade, and the quick development of e-commerce have all evolved in the contemporary consumer products and services sector. Customers now have additional alternatives, opportunities, and new delivery methods for both foreign and Indian items. Comprehensive products liability legislation is necessary in light of shifting production locations, new consumer behaviors, the digital revolution, and the sharp increase in faulty goods, consumer deception, and fraud. Additionally, e-commerce has made consumers more susceptible to new types of dishonest and fraudulent business practices, such as the sale of goods based on false information and advertisements. The Consumer Protection Act of 2019 was submitted by the Ministry of Consumer Affairs, Food, and Public Distribution as a legislative framework to regulate producers and safeguard customers' interests. This article looks at how new laws might be able to restrict e-commerce and product responsibility in the future.