RAJ ARORA Vs. RUSOMA LABORATORIES P LTD

JUDGEMENT

(1.) Whether the death of Shri S. D. Arora was caused by the administering of a Dextrose Injection (Glucose drips)? If so, whether the said injection was defective and sub-standard? These are the two threshold crucial questions in this complaint. The facts may be noticed with relative brevity and pointed reference to these issues.

(2.) The complainant Smt. Raj Arora is the unfortunate widow of late Shri S. L. Arora, the then Additional District and Sessions Judge at Sonepat. On or around the 10th of August, 1990, the said Shri S. D. Arora (hereinafter referred to as the deceased) bad fallen ill and was under the treatment of Dr. M. L. Taneja of the Pooja Clinic. On the 15th of August, 1990 at about 12.00 (noon) the said doctor came to the house of the deceased and apparently finding him in a somewhat weak condition, he administered Glucose drips to him at his residence of the Dextrose brand manufactured by Rusoma Laboratories, (Opposite Party No.1) which he had allegedly purchased from M/s. Satija Medical Store, Gohana, opposite party No.5 and so evidenced by letter dated the 17th of August, 1990 Annexure C.1. It is alleged in the complaint that the said Glucose drips were fake and spurious and instead of giving any relief to the deceased it worsened his condition necessitating his removal to the General Hospital, Sonepat at about 3.30 p. m. on that very day. Despite diligent attention by the hospital authorities Shri S. D. Arora expired at about 2.40 a. m. on the night between the 15th and 16th of August, 1990. A copy of the medical report of the cause of death issued by the Medical College, Rohtak is Annexure C.3. The specific case then was that the spurious Dextrose Injection IP 10% WV which caused the sudden and untimely death of Shri Arora was batch No.900798 and was manufactured by opposite party No.1 as per the label fixed on the bottle containing the said medicine.

(3.) The complainant much later on the 7th of September, 1990 lodged a First Information Report with Police Station primarily accusing Dr. M. L. Taneja and the Director of opposite party No.1 and opposite party No.5 for having caused the death of the deceased. This F. I. R. was however, later quashed by the Hon'ble High Court qua opposite party Nos.2 to 4 by two orders Annexures C.4 and C.5 with liberty to the respondent-State to take proceedings under the Drugs and Cosmetics Act if it found sufficient material therefor. It is the case that the analysis reports Annexures C.6 to C.8 of Government Analyst Haryana at Chandigarh with regard to the unused part of the aforesaid Dextrose injection which was administered to Shri Arora and also two other sample bottles of Dextrose injections reveal that all were spurious, fake and sub-standard and did not pass the test of sterility and contain particles of foreign matter. It is consequently the claim that the Glucose Drips administered to the deceased was defective and spurious and far below the quality, potency and standard which the opposite party No.1 was required to maintain under the law. It is then alleged that being guilty of having manufactured spurious medicines or sold and distributed them, the opposite parties No.1 to 5 are liable to be proceeded against for unfair trade practice. A compensation to the tune of Rs.9 lacs is hence claimed against them. Basic reliance was placed on documents C.1 to C.9 attached to the complaint.