Legal Question in Consumer Law in India

I am a fitness trainer.. recently one person called me and he required expert help from me in building good physique for his competition as he was a body builder.

He asked me if I can provide him GH medicine..its a imported medicine called as growth hormone used by sports men. I told him I can get it for him if he orders and he will get It direct from seller as I am only ordering for him. He paid me in cash by bank transfer and I ordered medicine for him keeping my commission also.

Now after using half of the medicine he got some minor adverse effects as there was manufacturing defect in it and had impurities.�

I told him as I am not seller and I just ordered based on our requirements and also told you how to use it as you requested me to help in using it. He paid me money and I ordered it for him

If he feels his health had some problems due to use of this medicine. Am I liable or the main dealer whom sent him medicine or medicine manufacturer?�

I took my commission for ordering that medicine for him and also for providing details on workouts and diet plan for him. Will this make me liable towards him as I took benefit from the deal�

There is no bills involved in purchase of this medicine. But there is bank transfer proof for money paid by him to me and me paying it to my dealer.�

Only I have guided him by email how to use it based on his request.

Also does my guidance in email to him how to use it land me liable to him for any health problem he gets�


Asked on 3/15/14, 8:15 am

2 Answers from Attorneys
anuradha Dixit +9312411481 dixitlawfirm

the seller is definitely liable and in a criminal case is filed you too will be liable.

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Answered on 3/15/14, 9:21 am
Fca Prashant Chavan Expert Edge LLP

19.03.2014

Dear Sir / Madam,

Today is Chatrapati Shivaji Maharaj Jayanti !!

No, you are not liable to the buyer for minor adverse effects caused by the medicine (growth hormone) being the "agent" and the manufacturer remains liable to address and settle all claims made by the buyer.

Regards,

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Answered on 3/18/14, 8:12 pm


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