Question

‘Harm’, in relation to a product liability under the Consumer Protection Act, 2019 does not include

• A. Damage to any property on account of breach of warranty conditions
• B. Damage to any property, other than the product itself
• C. Emotional distress attendant to damage to property
• D. Mental agony attendant to damage to property

Hint:

Under product liability, breach of warranty claims are contractual and not treated as “harm”.

Answer 1

The Correct Option is A

Step 1: Definition of ‘harm’ under the Consumer Protection Act, 2019.
Section 2(22) of the Consumer Protection Act, 2019 defines “harm” in the context of product liability. It includes damage to property other than the product itself, personal injury, illness, or death, and also includes mental agony or emotional distress resulting from such harm.
Step 2: Meaning of damage due to breach of warranty.
Damage to property merely arising out of breach of warranty conditions is treated as a contractual issue and does not fall within the statutory definition of “harm” for product liability purposes.
Step 3: Inclusion of emotional distress and mental agony.
The Act expressly includes mental agony or emotional distress arising out of damage to property within the ambit of “harm”. Hence, options (C) and (D) are included and cannot be the correct answer.
Step 4: Conclusion.
Since damage to property on account of breach of warranty conditions is excluded from the statutory definition of “harm”, the correct answer is (A).