Articles

 

CAN A TRUST BE A CONSUMER BEFORE HE CONSUMER FORUM

“Once it is accepted that a consumer complaint on behalf of more than one consumer can be filed by a recognized consumer association, it can hardly be disputed that it is the aggregate value of the services which has to be taken for the purpose of determining pecuniary jurisdiction of the consumer forum before which the complaint is filed,” it had said. A bench headed by justice Dipak Misra confirmed the order by NCDRC...

EDUCATION IS A SERVICE UNDER CONSUMER PROTECTION ACT

Hon'ble Supreme Court in the year 2003 in the matter of Usmania Islamic Academy v / s State of Karnataka, three judge’s bench comprising Justice V N Khare, Justice S N Variyavaha and Chief Justice K G Balakrishnan pronounced a detailed order holding educational institutes answerable before consumer forums by discussing every aspect covered by the educational institute in providing education to the students .Again there was Supreme Court ruling in the year 2004 in the matter of Bhupesh Khurana v Budha Dental College & hospital holding college unfair for their misleading information about the college.Its ample clear from the above discussion that university is not a service provider for its statutary duties but institutes are responsible for providing services for which they charge money in the form of fee from the student...

HAS THE APEX COURT REMOVED THE LIMITATION BAR IN CONSUMER MATTERS

As a matter of law, the consumer forum must deal with the complaint on merits only if the complaint has been filed within two years from the date of accrual of cause of action and if beyond the said period, the sufficient cause has been shown and delay condoned for the reasons recorded in writing. In other words, it is the duty of the consumer forum to take notice of Section 24A and give effect to it. If the complaint is barred by time and yet, the consumer forum decides the complaint on merits, the forum would be committing an illegality and, therefore, the aggrieved party would be entitled to have such order set aside. This is what Supreme Court has so far viewed in various cases...

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...

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