Pune District Consumer Grievance Redressal Commission Rules Online Pharma Must Compensate Consumer For Faulty Medicines

In a landmark ruling, the Pune Additional District Consumer Grievance Redressal Commission has mandated an online pharmaceutical company and five other entities to provide compensation of Rs 1 lakh to a consumer who received substandard medicines through their online platform.

The directive came from a three-member bench comprising President Jayant Deshmukh and members Pranali Sawant and Shubhangi Dunakhe during the adjudication of a complaint filed by Pankaj Jagasia, a 45-year-old IT consultant residing in Khese Park.

Jagasia’s grievance, submitted to the commission on October 16, 2019, detailed his purchase of medications for his elderly mother via the online pharmacy www.netmeds.com. However, upon receipt of the medicines on September 22, 2019, Jagasia discovered that a packet containing 10 Folizorb capsules exhibited discoloration and mold growth. Despite attempts to resolve the issue through customer service channels, Jagasia found no satisfactory resolution.

Among the named respondents were Mumbai-based Macleods Pharmaceuticals Limited and its directors Banwarilal Murlidhar Bawri and Rajendra Murlidhar Agarwal, along with Tamil Nadu-based Netmeds.com, Planet Pharma Warehouse Private Limited, and Dhayari-based Amrut Kalash. While the first three were identified as drug dealers, the latter two were drug sellers.

Following Jagasia’s complaint, the Food and Drug Administration (FDA) conducted an examination of the medications, confirming the presence of fungal contamination in all 10 capsules examined. Jagasia emphasized the potential danger posed by these defective medicines to his 72-year-old mother’s life.

Despite the commission issuing notices to all six respondents, none provided written responses. The bench, after reviewing evidence including photographs of the moldy medicines and the purchase receipt, sided with Jagasia. The FDA report further validated his claims, highlighting the significant health risk associated with the fungal contamination.

In its ruling, the commission ordered the online pharmaceutical company to compensate Jagasia with Rs 1 lakh within 45 days, in addition to Rs 5,000 for suit charges.

In response to the verdict, Mahendra Pitaliya of the Chemist Association of Pune District cautioned citizens against online medicine purchases, urging them to opt for local chemists to minimize the risk of malpractices jeopardizing their health and safety.