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AN END TO PROFITEERING AND COMMERCIALISATION OF EDUCATION

By way of another landmark judgement , Delhi High Court on 20th Jan 2017 stayed the operation of Delhi government circular on nursery admission norms regarding private unaided minority schools, telling the government to bring its own schools up to the mark before trying to impose their admission norms on private institutions. “Your (Delhi government) public schools are down the line, where people do not even want to study free of cost. They are pathetic, where teachers do not even come,” Justice Manmohan said and asked why Delhi government was not raising the standard of its school, and instead seeking to take over the autonomy of private schools.The Court has observed that -“There is a huge gap in demand and supply. You raise the standard of your schools before interfering in the functioning of the private schools,” the court said, adding that “you will be shocked to know that on ground level, none of the parents want to admit their children in your schools.Think about the future of those students too ''....

MASS DEATHS DUE TO SHORTAGE OF OXYZEN –CAN GOVT. HOSPITAL BE HELD RESPONSIBLE

Three steps necessary to be observed by the medical practitioners [Achuterao Haribhau Khodwa V State of Maharashtra SC 1996] · To decide whether he has to take up the case or not. · If taken up the case, he is to decide what treatment is to be given. · Whether the treatment given as per the diagnosis made....

CONSUMER RIGHTS IN DIGITAL AGE”ON 15TH MARCH2017

”.The Department of Consumer Affairs, Ministry of Consumer Affairs Food and Public Distribution, Government of India celebrated the World Consumer Rights Day 2017 with the theme “Consumer Rights in digital age ”on 15th March2017 It was a different consumer day than other years celebrated at Vigyan Bhawan on 22nd of March 2015 too focusing on health and safety of food emerging into basic question of “swachata And Slogan Was Swasth Bharat Swacch Bharat, it gave an impression that entire country is moving towards a new consumerism with innovative ideas, not confined to bazaar and purchases. But this time it was amazing, everything weaved with Modi ideas. Our Prime Minister has initiated number of moves which are roped around every citizen of the country .So was the mood of Consumer Ministry and Member Judges of the National Commission –MOHE RANG DE RANG DE MODI KE RANG ....

WHEN PRAYER IS NOT MADE FOR COMPENSATION; QUESTION OF ACTUAL LOSS

“Compensation can be granted only in terms of Section 14(1) (d) of the Act. Clause (d) contemplates award of compensation to the consumer for any loss or injury suffered due to negligence of the opposite party. In the present case there was no allegation or material placed on record to show negligence." Thus, mere proof of "unfair trade practice" is not enough for claim or award of relief unless causing of loss is also established which in the present case has not been established. There was no prayer for any compensation’....

LAW SOON TO ENSURE DOCTORS PRESCRIBE CHEAPER GENERIC DRUGS (Professionals deviating from ethical values)

Law soon to ensure doctors prescribe cheaper generic drugs ensures Prime Minister. We have no question as to how it will happen because if there is a will to do something, no one can stop it and it should finally be done now. But at the same time we cannot limit our question to doctors, professionals in all fields are deviating from their ethical values and courts on number of occasions pin pointed this issue. We believe ,much more is required to be done by the parliament to make law and rules when we find orders by the courts could be binding only on particular case and others enjoy liberty to continue the same tune...

CONSUMER RIGHTS IN DIGITAL AGE ”ON 15TH MARCH2017

The Department of Consumer Affairs, Ministry of Consumer Affairs Food and Public Distribution, Government of India celebrated the World Consumer Rights Day 2017 with the theme “Consumer Rights in digital age ”on 15th March2017 It was a different consumer day than other years celebrated at Vigyan Bhawan on 22nd of March 2015 too focusing on health and safety of food emerging into basic question of “swachata And Slogan Was Swasth Bharat Swacch Bharat, it gave an impression that entire country is moving towards a new consumerism with innovative ideas, not confined to bazaar and purchases. But this time it was amazing, everything weaved with Modi ideas. Our Prime Minister has initiated number of moves which are roped around every citizen of the country .So was the mood of Consumer Ministry and Member Judges of the National Commission –MOHE RANG DE RANG DE MODI KE RANG ....

EXECUTION OF CONSUMER FORUM ORDER

Consumer forum has no power to review its own order or to set aside order passed by it. Order so passed cannot be declared null and void by the same district forum.The execution of the decree in the aforesaid terms is permissible in law in view of the provisions of Section 13(4), (6) and (7) of the Act, as the provisions of Order XXI read with the Rule 32 of Code of Civil Procedure are applicable to the District Forum to follow the procedure for execution of the order passed by it...

WHAT IS COMMERCIAL PURPOSE AS DEFINED IN CONSUMER PROTECTION ACT

If a typewriter is used for typing by the person for himself and a car purchased for his own driving for self employment – it is not for commercial purpose but if a typewriter is purchased and is being used for other person for giving typing services to others for profit or loss by a commercial unit it is a commercial purpose. · Similarly a car driven as taxi by employees of commercial unit for giving transport services is a commercial purpose but car used by an officer of the unit for his own use is not a commercial purpose...

SELLING PRICE OF PACKED WATER BOTTLE IN RESTAURANTS /HOTELS

.Hence now settled law is : 1. Eatables consumed under a comfortable atmosphere ,enjoying the ambience and other facilities in the hotel ,restaurant or in the club cannot be separated for billing for their price Services and other taxes leveled by the Govt. 2. A restaurant provides many services, in addition to the supply of food. He provides furniture and furnishings, linen, crockery and cutlery, and in the eating places of today he may add music and a specially provided area for floor dancing and in some cases a floor show. Once a person enters the hotel/restaurant /club,he orders for the desired item,waiter comes,takes order,serve him on the table.Charges taken for any order include all these facilities whether it is water or a pinch of salt....

MOVERS AND PACKERS ARE SERVICE PROVIDERS UNDER CONSUMER LAW

consumer courts are getting number of complaints on the various issues such as · Loss of goods • Damage of goods • Non-arrival • Late arrival • Halt on the way without information • Change of route • Increase in freight Needless to say consumers need to take care of certain things at the time of booking their luggage such as · Loading and arrival time • Route • Halt place on the way if any • Inclusion of insurance at the halt place • Safety measures on the way • Declaration of delicate items for handling with care • Protection measures from rain &other force mejore...

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