Hello fellow members,
I have come to case where a perfume products used by a customer and it caused him allergic reaction, he got that testified from dermotologist who in his report gave "++ garding" which is second to highest dangerous rating "+++". after getting his perfume report, he also got to know that the manufacturer company's license had been cancelled from FDA in 2021 and the company has closed down the plant since then in its factory. he filed a consumer complaint and which are in process for compensation. now he wants to go into criminal case against the company and directors and persons involved.
my question is apart from sec 406 of IPC for criminal breach of trust, which section should I proceed with to held company more stringently liable for that act. advice along with Cometics and Drug Act and FDA rules would be highly appreciated.
Customer had approached via notice to FDA about the incident but nothing happened. we are planning to File writ in Punjab and Haryana High court for Writ of Mandamus for taking action by FDA against the above said company.
