NOVARTIS INDIA LIMITED Vs. J. ANTO

JUDGEMENT

(1.) The main question is, "whether the Opposite Party-Novartis India Limited can sell the medicine below the M.R.P.? Is it unfair trade practice? Whether it is a policy of pick and choose and if it is so, what is its effect?

(2.) The Opposite Party-Novartis India Limited has lost the case before both the Fora below. Aggrieved by the order of the State Commission, he has filed the present Revision Petition. The complainant J. Anto's son Tomes Anto, aged about 17 years, underwent surgery for brain tumour. He remained sick for a considerable period. Thereafter, Tomes started growing taller and taller due to excess production of growth hormone. They consulted Dr. Nihal Thomas, Professor, Department of Endocrinology, Christian Medical College, Vellore, who prescribed a medicine named as octreotide LAR 20mg. This was to be given on monthly basis. Its price was Rs. 58,000/-. The treatment was started on 30.04.2008. It did not give the desired result. But the Opposite Party No.2 suggested to continue it.

(3.) In the meantime, the patient was examined by Dr. Mathew John of Kerala Institute of Medical Sciences, Thiruvananthapuram. The petitioner Novatris India Limited supplied the same at the maximum discount upto 50% amounting to Rs. 29,000/- per month. Ultimately, the said medicine was stopped. The complainant had to purchase eight injections amounting to Rs. 3,60,008/-. It was submitted that had discount been given for the earlier purchase, the complainant could have saved Rs. 1,17,872/-. The complainant asked for refund of the said amount. Both the Fora gave the concurrent finding and his claim was allowed. The case of the petitioner is that at the request of Dr. Mathew John, the OP-1 enrolled the patient with the newly launched STAR Sandostatin Lar Cares designed to benefits the patient of acromegaly. Thereafter, the petitioner supplied the medicine to the patient on discount.