ROLE OF TORTS IN CONSUMER PROTECTION AND PRODUCT LIABILITY IN INDIA

AUTHOR – HARJAS KAUR, LAW STUDENT AT SYMBIOSIS LAW SCHOOL, NOIDA

BEST CITATION – HARJAS KAUR, ROLE OF TORTS IN CONSUMER PROTECTION AND PRODUCT LIABILITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 139-143, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This study examines the complex interplay between the Consumer Protection Act of 1986 and Tort Law, highlighting how both contribute to the welfare of Indian consumers.  As industrialisation and mass consumption increase, people are more vulnerable to subpar products and services.  With a particular focus on the application of tortious concepts like strict liability and negligence in the context of product liability, the article examines the legal framework governing consumer rights and remedies. Important legal issues are investigated using the IRAC (Issue, Rule, Application, Conclusion) process, including the liability of product makers, medical practitioners, and transportation service providers under both tort and consumer protection laws.  To demonstrate changing judicial patterns, case laws such as Donoghue v. Stevenson, Indian Medical Association v. V.P. Shantha, and Hindustan Antibiotic Ltd. v. Lalita Devi are examined.  The study’s conclusion emphasises the necessity of more expansive legal definitions and strict enforcement in order to preserve consumer confidence and advance a responsible, balanced market system.