Under Indian law, the responsibility for display damage caused by a software update after the warranty has expired would likely fall on the company. Here's why:
1. _Consumer Protection Act, 1986_: This act protects consumers from defective products, including software updates. 2. _Product Liability_: Indian courts have held manufacturers liable for damages caused by defective products, including software. 3. _Implied Warranty of Merchantability_: Indian law implies a warranty that the product will work as expected, even if the express warranty has expired. 4. _Negligence_: If the manufacturer was negligent in releasing a faulty update, they may be liable for damages.
Specifically, the Indian courts might consider:
- Section 2(1)(c) of the Consumer Protection Act, 1986, which defines a "defect" as a flaw in the product or service. - Section 2(1)(g) of the Consumer Protection Act, 1986, which defines "service" as including software updates.
In recent cases, Indian courts have held companies liable for damages caused by software updates, such as:
- _Vishal Kochar vs. Apple India Pvt. Ltd._ (2020): The Delhi State Consumer Commission held Apple liable for a software update that damaged the plaintiff's iPhone. - _Rajat Jain vs. Samsung India Electronics Pvt. Ltd._ (2019): The National Consumer Disputes Redressal Commission held Samsung liable for a software update that damaged the plaintiff's smartphone.
Please note that these are general principles and not specific legal advice. Consult a lawyer for a detailed opinion on your case.
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