Reserved

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 1239 of 2009

M/s Pfizer Center, Patel Estate, S.V. Road,

Jogeshwari (W), Mumbai.                                   …Appellant.

Versus

Mobin Ahmed, R/o Sauhaal Maulwian,

Kasba, Nahtaur, Distt. Bijnaur U.P.                 …Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Mr. Deepak Khandelwal, Advocate for appellant.

None appeared for respondent.

Date  2.1.2023

JUDGMENT

Per Sri Sushil Kumar,  Member-   This appeal has been filed against the judgment and order dated 25.6.2009 passed by the Ld. District Forum, Bijnaur in complaint case no.119 of 2008, Mobin Ahmad vs. Chaudhary Medical Store & anr., whereby the ld. District Forum by allowing the complainant directed the appellant to  pay Rs.59.90 alongwith interest @ 6% p.a.

As per the case of the complainant, he purchased a bottle of Corex Cough Syrup (100 Ml) with batch no.0820-13118 manufactured in January, 2009 from M/s Chaudhary Medical Store by paying the price of Rs.59.90 but there was an insect floating inside the bottle of syrup and after noticing this floating insect inside the bottle, the complainant experienced depression. After serving a legal notice to the opposite parties, the complainant filed complaint for compensation which was allowed by the ld. District Forum, Bijnaur as mentioned above.

(2)

          Ld. Counsel for the appellant submitted that Cough Syrup is a scheduled H drug and as per the provisions of Drug and Cosmetics Act, 1940, the same can only be sold by a medical store under the prescription of a medical practioner. The respondent/complainant failed to produce any such medical prescription before the ld. District Forum. This facts established that syrup was illegally purchased by the respondent. This argument finds support of legal position as mentioned in the Drug and Cosmetics Act, 1940 that cough syrup is a scheduled H drug and can not be sold without prescription given by a registered medical practioner. Therefore, in this case complainant is not entitled for any compensation from the appellant. The appeal deserved to be allowed.

ORDER

          Appeal is allowed.  The judgment and order dated 25.6.2009 passed by the Ld. District Forum, Bijnaur in complaint case no.119 of 2008 is set aside and the complaint dismissed.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

          (Vikas Saxena)                           (Sushil Kumar)                             

                Member                              Presiding Member

Judgment dated/typed signed by us and pronounced in the open court. Consign to record.

            (Vikas Saxena)                           (Sushil Kumar)                             

                Member                              Presiding Member

Jafri, PA I

Court 3