drugs and cosmetics
Guest
(Querist) 29 May 2010
This query is : Resolved
facts of the case : my client aged about 76 years, an old lady had purchased certain medicines from one medical stores. that, storekeeper deliberately and intentionally supplied one drug inter alia which was expired by 2 years then. not only this but to escape the liability he got printed on the bill a different batch no.this fact was revealed subsequently by my client after she suffered from variegated ailments pursuant to such an expired drug. i made a complaint to the food and drugs department. they hardly did anything. besides i filed and application under RTI to seek the information about the passage, transfer and delivery of the said drug which was expired and information about it through its batch no. the information was asked inter alia other questions. other questions were answered bu the main question was not answered. orally the RTI officer said the records are unavailable. now the case is fixed for final hearing before the consumer forum. i have also sent notice to the company of the said drug which was expired asking about the delivery of it through its batch no. but no response. how do i prove before the consumer forum my case as the shopkeeper now says that he never had the said expired drug and therefore he never had an occasion to sell it.
mahendrakumar
(Expert) 29 May 2010
have you filed an appeal for your rti query for incomplete answer?
did you know the batch no.of the expired drug and has asked the detaiils of ts movement through rti?
verify whether the drug store had in its stock register the fake batch no.quoted in the bill. If he had the same in his stock register,it would be difficult for you to prove that he had supplied expired drug.
further,if through rti ,if you could establish that drug store had received the expired batch drug,it will defenitely help you in the case.
however,the fake batch no.given in the bill is a real one and drug store had it in its stock register,then it is indeed difficult to prove your case.
anyhow,it is an interesting case.hope you will post the developments in this regard.
