National Consumer Disputes Redressal Commission (NCDRC) bench noted that the MRP of Octreotide LAR 20mg (Sandostatin LAR) by Novartis India Ltd is Rs 58,000 per injection and the company had provided 50 per cent discount to a patient and sold it at Rs 29,000.
"...It must be borne in mind that the MRP fixed by the Ministry of Health or Ministry of Commerce or any other Ministry, is on the higher side. The Opposite Party (Novartis India Ltd) has earned more than 100 per cent of the profit. Steps should be taken to re-fix the MRP so that the consumers should not suffer.
The bench, also comprising its member Dr S M Kantikar, however, allowed the company's revision petition against Kerala State Consumer Commission which had asked it to pay over Rs one lakh to the family of a 17-year-old patient who was operated for brain tumor and later on developed a disorder of excess production of growth hormone due to which he was growing taller. He later died.
The bench allowed the company's plea saying nobody can charge the amount more than the MRP but it can be sold at the lower rate than the MRP.
It said that by no stretch of imagination, it is said to be an unfair trade practice and there lies no impediment in giving the medicine below the MRP.