Artificial finger lacks promised thumb impression, company told to pay Rs 40,000

A man who lost two fingers in an accident paid Rs 20,000 for a customised artificial finger prosthesis, only to receive one that was allegedly the wrong size and lacked the promised thumb impression. The Pudukkottai district consumer commission has now directed the company to refund his money and pay Rs 20,000 in compensation and costs.

President T Sekar and member S Sugunadevi held the opposite party liable for deficiency in service and unfair trade practice and granted relief to the complainant.

“The opposite party assured a specific size, colour, and thumb impression, delivered a product that did not match, and then declined redress. This amounts to an unfair trade practice,” the order read.

Lost fingers in accident

The complainant, an engineering graduate, had lost two fingers of his right hand in an accident. On June 23, 2025, he approached the company that provides customised artificial finger prostheses for the product and allegedly paid Rs 20,000. According to the complainant, the company assured him that it would deliver the product within 45 days, matching the required size and colour and bearing the thumb impression.

The complainant claimed that even after the promised delivery period had passed, the company did not supply the prosthesis or respond to his phone calls. When the man travelled to Chennai on September 5, 2025, to collect it, he allegedly found that the product was of the wrong size and colour and did not have the promised thumb impression. He told the company that the prosthesis was unusable and requested a correction or replacement. The complainant alleged that the company neither replaced the product nor refunded his money.

The complainant also told the commission that the company’s failure to provide a functional prosthesis prevented him from appearing for the examinations.

After the company didn’t respond to a legal notice seeking a refund and compensation, he approached the consumer commission.

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The commission noted that the company had been served notice but neither appeared before it nor filed a response. It proceeded to decide the complaint based on the man’s evidence and documents.

The commission observed that the product was of the wrong size and colour and lacked the thumb impression. “It was unusable for the purpose of which it was ordered, so the customized service was not performed as promised,” the commission noted.

It also noted that the company had neither corrected nor replaced the defective product or refunded the amount paid. The commission thus held the company liable for deficiency in service and unfair trade practice. It observed that the opposite party’s conduct caused the complainant hardship and mental agony.

The commission thus allowed the complaint and directed the opposite party to refund Rs 20,000, pay Rs 10,000 as compensation for deficiency in service and mental agony, and Rs 10,000 as costs of the proceedings.

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Takeaway

Companies providing customised medical or assistive devices must ensure that the products meet the specifications promised to customers and are fit for their intended use. Delivering a defective, unusable product and refusing to replace it or refund the money amounts to deficiency in service.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Tamil Nadu: 044-285-92828) or call the National Consumer Helpline at 1915 for assistance.

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