Shivesh Raj Jaiswal, Section –B, Roll No.

142

Amendment-
72. (1) Where any personal injury, death, or property damage, mental anguish or
agony, inconvenience, harassment or reputation loss is caused to the consumer
resulting from defects in the manufacture, construction, design, formula,
preparation, assembly, testing, service, warning, instruction, marketing, packaging,
or labelling of any product, the manufacturer or producer of such product shall be
liable for the product in product liability action:

Provided that the anguish, inconvenience or harassment caused must be the direct
consequence of the manufacturer’s fault. Liability shall not arise for any remote
and indirect loss caused by the manufacturer’s defect.

Illustration-
(a) A buys a software from B, a reputed software company. A, after installing
the software in his computer finds after a week that this software has
corrupted some important project files on which A has been working for
years he has to give presentation the next day in his office. This caused a
huge distress and mental agony to A. Therefore, B shall be liable for the
mental anguish and distress caused to A because of its defectively
programmed software.

(b) A buys a luxurious car from B, a car selling company. On the next day,
relying on the engine power of the car, he went to a drive with his family but
inbetween the car’s engine got burnt. Being trapped in the countryside A
couldn’t return within time and suffered huge inconvenience and distress.
Hence, B shall be liable for the inconvenience and distress caused to A.