A medical device I bought in Thoothukudi was defective, can I hold the seller liable?
SW Asked by Swati Kulkarni from India
Quick Answer
Defective medical devices are covered under product liability provisions of Tamil Nadu Rent Control Act 1960 and actionable before the consumer commission in Thoothukudi.
Detailed Legal Analysis
Defective medical devices are covered under product liability provisions of Tamil Nadu Rent Control Act 1960 and actionable before the consumer commission in Thoothukudi. The Madras 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 Madras High Court has awarded compensation for medical expenses and suffering caused by defective devices.
Under Tamil Nadu Rent Control Act 1960, the commission can order replacement, refund, and damages for any resulting health complications. In Thoothukudi, 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.