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Vijay Kumar (Advocate)     02 June 2014

Favourable lab report

A consumer complaint was filed alleging defective Shampoo.

The District Forum sent it to State Govt. Lab. which declared the product to be of 

Standard Quality. The complaint was dismissed.

                         Now the complaint has filed appeal on ground that lab test was not conducted in his presence

and test methodology has not been described in Lab Report.

Whether these grounds are tenable? Please guide.Regards.



Learning

 2 Replies

N.K.Assumi (Advocate)     02 June 2014

If the Chemical analyser has not in his certificate disclosed the factual data, on which his conclusion is based, or the reasons in support of his conclusion, the court should be careful enough to come to a final conclusion and if necessary summon the expert. Of course there is no rule of thumb that court can not act on the basis of such certificate, but it would always be prudent to examine the expert if the court feels that more information is require to satisfy itself about the correctness of the certificate. There is no law that I know of that the test should be conducted in the presence of the party, but the party can agitate the correctness of the certificate if the certificate is not satisfactory and without any reasonable basis, and it depends on how the material was send to the examiner by the investigating machinery etc.I am of the view that expert should have been examined if there is doubt in his findings, before coming to a final conclusion without further inquiry and admitting the evidence as a gospel truth.

Vijay Kumar (Advocate)     03 June 2014

Sir, Thank you very much for your valuable guidance.


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