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| Drug Controller, Aventis Pharma censured for unfair trade | | Consumer commission enhances compensation | | Early Times Reporter Jammu | Mar 11 In a significant judgment having direct bearing with the general public at large, the Jammu and Kashmir Consumer Disputes Redressal Commission headed by Justice(Retd) G D Sharma and Khalid Hussain as Member, decided an appeal pending for last three years in the Commission against the order of the Divisional Consumer Forum Jammu. The Commission in its order while enhancing the amount from Rs.1500 to Rs.50,000 as compensation to the appellant directed the respondents to make the payment within two months from the date of this order failing which interest @ 8 per cent per annum shall become payable from the date of filing the complaint in the Forum till final payment is made. This significant order was passed on a complaint of Anju Anand w/o Sandeep Anand of Channi Himat Jammu, who had alleged that she had purchased ‘Allegra’ tablets from Nishat Medicos Chemists and Druggists at Palace road for Rs.50.88 and on opening the packet at her home she found only three tablets in it. She came back to the shop to inquire about the shortage, she was told that it was either manufacturing defect or package defect of the Pharmaceutical firm namely Aventis Pharma Aknkleshwar. On filing a complaint with the Divisional Forum against the said firm denied any lapse in the package in question and categorically pleaded that it contained six tablets but failed to lead any evidence while the seller Nishat Medicos supported the case of the consumer Anju Anand. The Divisional Forum while deciding the complaint had awarded Rs.1500 along with interest @ 9 per cent per annum till realization of the award. The appellant feeling aggrieved about the quantum of compensation, filed an appeal against the order of the Forum. The Commission while enhancing the compensation from Rs.1500 to Rs.50,000 censured the conduct of manufacturing firm as well as the controlling department namely Drugs Controller for allowing sale of such a drug which was of spurious nature in respect of quantity shown in the packet. The Commission has held that the practice of allowing the unfair trade has the inherent nature of causing financial losses to the consumers who are inflicted with diseases. Such a human conduct can be viewed as fiendish and most reprehensible; the Commission observed and directed the Drug Control Department to rise to the occasion for its eradication. Commending the role of the consumer Anju Anand by exposing the morbidity of a Pharmaceutical Firm of repute, the Commission said that Jammu and Kashmir Consumer Protection Act is one of the benevolent pieces of legislation intended to protect consumers from exploitation. |
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