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2023 Supreme(SC) 834

A. S. BOPANNA, PRASHANT KUMAR MISHRA
Prakash Bang – Appellant
Versus
Glaxo Smithkline Pharmaceuticals Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Aparna Jha, AOR
For the Respondent(s): Mr. Ujjwal A. Rana, Adv. Mr. Himanshu Mehta, Adv. M/S. Gagrat And Co, AOR

JUDGMENT :

A.S. BOPANNA, J.

1. The appellant is before this Court assailing the order dated 25.04.2012 passed by the National Consumer Disputes Redressal Commission, New Delhi (‘NCDRC’ for short) in Consumer Case No. 178 of 1999. Through the said order the NCDRC has held that the complainant has miserably failed to establish his case in regard to either any defect in the drug in question or any negligence amounting to deficiency in service on the part of the respondent who is the manufacturer of the drug. In that view, the complaint filed by the appellant was dismissed by the NCDRC.

2. The brief facts leading to the complaint is that the appellant in order to achieve immunity against contracting Hepatitis B, on 10.08.1998 approached his family physician Dr. Satyajit Pathak for administering the repeat dose of the vaccine Engerix-B, along with his family members. The appellant contended that he had purchased four single dose vaccines which were administered by Dr. Satyajit Pathak, one each to him, his wife and two sons. The family members of the appellant had no adverse reaction to the said drug but insofar as the appellant, after four days of being vaccinated, the appellant felt sever

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