Chemists liable under CPA

In recent times, many consumers have been complaining about how chemists are insisting on their buying an entire strip of 10 tablets or capsules and refusing to cut the strip and sell two or four or even six tablets.

A person in Delhi, for example, says how despite the fact that the prescription of the doctor was for only two tablets, meant to be taken on two days, the chemist insisted on his taking an entire strip of 10 and would not give him two. "He refused to listen to reason and eventually I ended up spending more money on those tablets than necessary and the remaining eight tablets had no use and had to be thrown away," says he. Senior citizens have also been complaining of this new trend and saying that this is totally uncalled for and puts a considerable financial strain on their meagre resources.

Many clients, in fact, want to know if they can take any action in such cases, and if so, what are their rights.

Well, this is not only a violation of the consumer’s right to buy the quantity that he or she wants or requires, but also a restrictive trade practice that puts an unnecessary financial burden on the consumer. Why should they be forced to buy more than what they need or are prescribed?

A chemist cannot force people to buy more than what they require

Some of the chemists that I spoke to put the blame squarely on distributors and pharmaceutical companies, who, they said, refused to take back unsold medicines if the strips were cut. It is for this reason that we insist on the client buying the entire strip, more so, if they are slow moving drugs which are likely to remain unsold, said a chemist.

Whatever the reason, a chemist cannot force people to buy more than what they require, or refuse to sell, if a person wants less than 10 tablets. This is a clear violation of the rights of people and hurts their interests, particularly at a time when the prices of medicines are hitting the roof. Besides, let us not forget that the poor, particularly daily wage labourers, often buy medicines in small quantities and the refusal on the part of the chemist to sell less than 10 would put a heavy financial burden on them. It is time the drug control authorities intervened and ensured that this matter between pharmaceutical companies, distributors and pharmacists is sorted out, so that customers do not suffer.

In fact, people should bring this issue to the notice of the Drug Control Department, the Pharmacy Council and the Health Ministry, asking them to sort out the problem and also issue directions to chemists against such practices.

The drug control authorities also need to take a close look at the way crucial information is printed on medicine strips because chemists say that on some strips, the brand name and the date of manufacture and expiry are printed in such a way that if they try to retain the portion containing the date, then they lose the brand name, and it is difficult to sell that part to another person.

Well, surely these are all small matters that can be sorted out without the chemist resorting to this kind of practice of forcing consumers to buy more. Why should customers be penalised for no fault of theirs?

Coming to the action that people can take in such situations, I would suggest that first and foremost, they should express their anger and resentment to the chemist. They can also approach, through residents’ associations, neighbourhood chemists and try to reason out with them. After all, without consumer support, chemists cannot survive. Even a day’s protest boycott of chemists could send home the message, provided customers are united and decide on such an initiative.

However, if that does not work, then courts are an option. After all, forcing such conditions of sale on a person is a restrictive trade practice under the Consumer Protection Act and the law provides for compensation to consumers who are victims of such practice. The courts can also direct chemists to discontinue such practice.

You can also write to the Competition Commission of India and ask it if this issue can be taken up. The commission can investigate into such restrictive practice that imposes unjustified costs on consumers and can pass appropriate orders and put a stop to the practice. Your complaint to the CCI can be sent to the following address: Competition Commission of India, Hindustan Times House, 18-20, Kasturba Gandhi Marg, New Delhi-110001.

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