Chapter VI - Product Liability
Section 85
Section 85: liability of a product service provider
Section 85 lists the circumstances in which a product service provider may be liable in a product-liability action.
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Need advice on Section 85?
This article is for general information. Refer to the Consumer Protection Act, 2019 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
A product service provider shall be liable in a product liability action, if—
(a) the service provided by him was faulty or imperfect or deficient or inadequate in quality, nature or manner of performance which is required to be provided by or under any law for the time being in force, or pursuant to any contract or otherwise; or
(b) there was an act of omission or commission or negligence or conscious withholding any information which caused harm; or
(c) the service provider did not issue adequate instructions or warnings to prevent any harm; or
(d) the service did not conform to express warranty or the terms and conditions of the contract.
Introduction
A person providing a service in relation to a product can face a Chapter VI claim when the statutory service conditions and harm are shown. The section addresses service quality, conduct that causes harm, instructions and warnings, and express warranty or contract conformity.
The Act defines 'product service provider' in relation to a product. A general services dispute should not automatically be labelled a product-liability action.
Key takeaways
Service quality has several measures
Clause (a) covers faulty, imperfect, deficient or inadequate service measured by law, contract or otherwise as specified in the provision.
Conduct can cause harm
Clause (b) covers an act or omission, negligence or conscious withholding of information that caused harm.
Warnings and promises matter
Clauses (c) and (d) address inadequate harm-prevention instructions or warnings, and non-conformity with an express warranty or contract terms.
Define the product service
Identify exactly what installation, repair, maintenance or other product-related service was promised and performed. Keep the service order, scope and technician records.
Review quality and conduct
Compare actual performance with applicable law and the agreed scope. Investigate any omission, negligent step or withheld safety information alleged to have caused harm.
Review instructions, warranties and contract
Keep copies of instructions and warnings given to the customer and any express warranty. Check whether the performed service conformed to those promises and contract terms.
Hypothetical example
A repair service installs an incompatible replacement component and the repaired product injures a consumer. The service provider preserves the work order, component record and safety instructions while assessing the section 85 conditions.
Official sources
Practical checklist
Do
- Document the product's condition before and after service.
- Give appropriate product-specific safety instructions and warnings.
- Retain job sheets, customer approvals, warranty wording and incident reports.
Avoid
- Do not omit a known safety warning from the service handover.
- Do not promise a result that the actual service cannot meet.
- Do not assume ordinary contract disclaimers settle a product-liability claim.
Glossary
- Product service provider
- A person who provides a service in respect of a product under the Act's definition.
- Express warranty
- A specific assurance relevant to the product service, whose wording and context must be checked.
Frequently asked questions
Can poor repair work lead to product liability?
It can if the section 85 conditions and the Chapter VI harm/defective-product requirements are established on the facts.
Are warnings relevant for product services?
Yes. Clause (c) addresses failure to issue adequate instructions or warnings to prevent harm.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026