Section 85 of CPA : Section 85: Liability Of Product Service Provider

Explanation using Example

Imagine Sarah purchased an annual maintenance contract for her air conditioning unit from CoolAir Services. Despite regular scheduled maintenance visits, the unit failed, resulting in a leak that caused extensive damage to Sarah's home. Upon investigation, it was found that the technician from CoolAir Services had been negligent during the maintenance checks, failing to notice a critical fault in the unit.

In this scenario, Sarah can file a product liability action against CoolAir Services under Section 85 of the Consumer Protection Act, 2019, because:

1. The service provided by CoolAir Services was deficient and inadequate as their technician failed to detect and fix a critical fault during maintenance, which is a service they were contractually obligated to perform efficiently.
2. The technician's failure to notice the fault can be seen as an act of negligence which directly caused harm to Sarah's property.
3. CoolAir Services did not provide Sarah with adequate instructions or warnings regarding the potential for such a failure, which could have helped her take preventive measures.
4. The service did not conform to the express warranty of providing a functioning air conditioning unit through regular maintenance as per the contract terms.