A medical device I bought in Howrah was defective, can I hold the seller liable?
LA Asked by Lata Mangesh from India
Quick Answer
Defective medical devices are covered under product liability provisions of West Bengal Premises Tenancy Act 1997 and actionable before the consumer commission in Howrah.
Detailed Legal Analysis
Defective medical devices are covered under product liability provisions of West Bengal Premises Tenancy Act 1997 and actionable before the consumer commission in Howrah. The Calcutta High Court has held that sellers and manufacturers of medical devices are strictly liable for defects causing harm.
You must preserve the device, packaging, bill, and medical records showing injury or malfunction. The Calcutta High Court has awarded compensation for medical expenses and suffering caused by defective devices.
Under West Bengal Premises Tenancy Act 1997, the commission can order replacement, refund, and damages for any resulting health complications. In Howrah, you should also report the defect to the drug controller for regulatory action.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.