What is the limitation period for product liability claims?

What the Law Says

Product liability claims in India are governed primarily by the Consumer Protection Act, 2019 and the Limitation Act, 1963. While the CPA, 2019 creates the substantive right to claim compensation for harm caused by defective products, it does not specify a separate limitation period — so the general law under the Limitation Act applies.

Under the Limitation Act, 1963, the standard limitation period for suits relating to compensation for injury or damage (including product-related harm) is 3 years.

This period begins to run from the date when the right to sue accrues — typically when the plaintiff discovers (or reasonably should have discovered) the defect and resulting injury.

Section 5 of the Limitation Act, 1963 allows for condonation of delay in filing suits if sufficient cause is shown, but only for suits — not for consumer complaints before the Consumer Disputes Redressal Commissions.

Statutory Text

5. Extension of prescribed period in certain cases.—Any court may condone a delay in filing a suit, appeal or application, if it is satisfied that the appellant or applicant had sufficient cause for not preferring the appeal or making the application within the prescribed period.

— Limitation Act, 1963, s. 5 — Extension of prescribed period in certain cases

Statutory Text

84. Product liability.—(1) A product liability action can be brought against a manufacturer, seller or service provider for any harm caused to a consumer due to a defective product or deficiency in service.

— Consumer Protection Act, 2019, s. 84 — Product liability

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