A medical device I bought in Vadodara was defective, can I hold the seller liable?
SA Asked by Saurabh Pandey from India
Quick Answer
Defective medical devices are covered under product liability provisions of Gujarat Rent Control Act 1999 and actionable before the consumer commission in Vadodara.
Detailed Legal Analysis
Defective medical devices are covered under product liability provisions of Gujarat Rent Control Act 1999 and actionable before the consumer commission in Vadodara. The Gujarat 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 Gujarat High Court has awarded compensation for medical expenses and suffering caused by defective devices.
Under Gujarat Rent Control Act 1999, the commission can order replacement, refund, and damages for any resulting health complications. In Vadodara, 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.