A medical device I bought in Kolkata was defective, can I hold the seller liable?
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Below is a comprehensive legal analysis based on Indian law for your question.
Defective medical devices are covered under product liability provisions of West Bengal Premises Tenancy Act 1997 and actionable before the consumer commission in Kolkata. 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 Kolkata, 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.