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Whether medical examination compulsory for issuance of Policy to take place prior to accepting premium

It would be logical for the insurance company to accept the premium based on the medical examination and not otherwise. Therefore, by the very fact that they accepted the premium waived the condition precedent of medical examination....

JURISDICTION OF CONSUMER COURTS IN ARBITRATION AGREEMENT CASES

Hence in spite of having arbitration clause ,consumer court may go ahead and enjoys the jurisdiction on matters related to the subjects under its domain i.e. purchase of goods and hiring of services. 3. The Consumer Act is a special social legislation enacted to protect consumer rights against large Corporations, hence issues covered under this act are not arbitrable neither they are intended to be covered by the amendment to Section 8 of the Arbitration Act 4. To accept the plea of the Builder would be to set at naught the entire purpose and object of the Consumer Act, viz. to ensure speedy, just and expeditious resolution and disposal of consumer disputes....

CONSUMER FEARS TO FIGHT AGAINST DOCTORS (Doctors are the influential persons of the society)

As per my experience as Member on board in Consumer Court, out of total cases filed for medical negligence, many are actually not negligence cases but are :Result of lack of post operative car;A notion that every treatment must bring a positive results otherwise doctors are the cause ; Consumers are allured by misguiding factors that a huge amount in compensation can be claimed through some settlement with doctors ;Poor drafting’s , half hearted efforts put in preparing pleadings and deficient required documents. The above issues need introspection...

CONTROVERSIES ON MEDICAL NEGLIGENCE CASES [JURISDICTION OF CONSUMER FORUM ISSUE ]

"The Consumer Forums must take expeditious steps to deal with the complaints filed before them and not keep them pending for years. It would defeat the object of the Act, if summary trials are not disposed of expeditiously by the forums at the District, State or National levels. Steps in this direction are required to be taken in the right earnest"...

WHEN A PERSON CAN BE A CONSUMER FOR MEDICAL NEGLIGENCE (Payment for services is a must)

But unfortunately in the above referred case of Dr Hema,Dr Sulekha Dr Sethunath v/s S.Jayan & Others .11(2016)CPJ 306 NC complainant failed to put any evidence that hospital had been charging any thing from any patient To conclude, we may say that while taking services from the Govt. hospitals, we need to check the facts and issue of payment for the services received as discussed above. Court delivers judgment on the bases of facts and circumstances of the case....

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...

EXECUTION OF THE ORDEROF CONSUMER FORUM PART-11

Limitation for filing execution petition • There is no time limit provided specifically in the act .but national commission has made certain orders holding that court will have the discretion to decide whether execution petition can be entertained if filed too late. Court may refuse to admit execution petition if filed after laps of years because • There is time limitation for destroying the old record • In some cases filing execution petition after years serves no purpose depending upon the nature of order and circumstances of the case at the time order is passed....

EXECUTION OF CONSUMER FORUM ORDER-PART-1

The matter then went up to National Commission and then to Supreme Court which held- 1. 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. 2. Further the order passed by the District Forum in favour of the complainant was not challenged by the opposite party and hence had finality under section 24 of the act, cannot be made in- executable on technical grounds. 3. 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 4. In addition to above, the alternative remedy is also available to the appellant to take penal action against the concerned officers of the Navchetna Sahkari Awas Samiti Ltd. under Section 27 of the Act. In the present case it is clear that some mischief had been played by the officers concerned resulting into this situation...

WHETHER COMPLAINANTS ARE ENTITLED TO COMPENSATION WHEN DIES BEFORE CONTRACT CONCLUDED

(ii) Consumer Protection Act, 1986 — Sections 2(1)(g), 21(a)(ii) — Insurance — Housing loan — Death of loanee — Coverage under policy disputed — Proposal pending for medical requirements — Claim repudiated — Alleged deficiency in service — State Commission allowed complaint — Hence appeal — No insurance policy was issued by appellant infavour of deceased — In absence of insurance policy, no concluded contract comes into force between deceased and appellant — Merely on basis of delay in considering proposal by appellant for want of medical check-up of deceased, liability cannot be fastened on appellant for payment of housing loan — Repudiation justified....

CAN A TRUST BE A CONSUMER BEFORE HE CONSUMER FORUM

Further, we also take the issue under test looking into the definition of ‘person’ also if trust could be treated as person to find out if a trust could be a complainant as ‘ Section 2(m) defines a person as follows :- (m) "Person" includes, - (I) a firm whether registered or not; (ii) A Hindu undivided family; (iii) A co-operative society; (iv) Every other association of persons whether registered under the Societies Registration Act, 1860 (21 of 1860) or not On a plain and simple reading of all the above provisions of the Act it is clear that a Trust is not a person and therefore not a consumer....

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