A medical device I bought in Jaipur was defective, can I hold the seller liable?
NI Asked by Nitin Khanna from India
Quick Answer
Defective medical devices are covered under product liability provisions of Rajasthan Rent Control Act 2001 and actionable before the consumer commission in Jaipur.
Detailed Legal Analysis
Defective medical devices are covered under product liability provisions of Rajasthan Rent Control Act 2001 and actionable before the consumer commission in Jaipur. The Rajasthan 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 Rajasthan High Court has awarded compensation for medical expenses and suffering caused by defective devices.
Under Rajasthan Rent Control Act 2001, the commission can order replacement, refund, and damages for any resulting health complications. In Jaipur, you should also report the defect to the drug controller for regulatory action.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.