An online pharmacy in Kolkata sent counterfeit medicines; what action can I take?
RA Asked by Rajesh Verma from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
Selling counterfeit medicines online is prosecuted under the Drugs and Cosmetics Act, 1940 and the IT Act, and the consumer can also invoke the Consumer Protection Act. File a complaint with the Kolkata Drugs Controller, the State Drug Authority, and the District Consumer Forum for deficiency and supply of spurious drugs.
The Pharmacy Act requires every online pharmacy to be registered with a valid licence and to dispense only against a valid prescription. The Calcutta High Court can order recall of the batch, compensation and a ban on the seller pending inquiry.
West Bengal Premises Tenancy Act 1997 on drugs may impose stricter penalties including imprisonment for sale of spurious drugs within the state. Keep the medicine strips, batch numbers, invoice and prescription as evidence.
Report the platform to the Central Drugs Standard Control Organisation for operating without a valid e-pharmacy licence.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.