Articles

 

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...

GLARING COMPLAINTS OF CONSUMERS (CONSUMER COURT FUNCTIONING)

PROLONGED EXPERT OPINION PROCESS It is the forum who appoint expert agency ,sends relevant document/vehicle for inspection, fixing particular time and place, directing the parties to follow the process in prescribed time BUT The process of Obtaining expert opinion is prolonged endlessly by corresponding with the concerned agency.Consumer is loosing faith in the forums for making simple process a never ending task....

JOINT VENTURE, COLLABORATON AGREEMENT FOR CONSTRUCTION WHETHER SERVICES UNDER CONSUMER

the words ‘joint venture’ or ‘collaboration’ in the title of an agreement or even in the body of the agreement will not make the transaction a joint venture, if there are no provisions for shared control of interest or enterprise and shared liability for losses...

MEDICAL OPINION VS LEGAL OPINION IN MEDICLAIM CASES

Both the doctors have nowhere said that this disease was pre-existing They have not mentioned about any previous history or any report from any doctor ,from any hospital or referred to any medicines taken by the patient for the said disease before undergoing for the operation of the diagnosed disease Without establishing the disease pre-existing, this clause is not applicable at all.Apart from this , it is noted by the consumer forum that the doctors on panel are instead of giving medical opinion,are giving legal interpretation to the clauses which is actually to be done by the department concerned.This is the quasi-judiciary function to be done by either the legal department or personnel and administrative department and doctors on panel are in no way authorized to touch this area.It is the company to see whether the claim is tenable or not while interpreting the rules.Here it is seen that doctors are making legal opinions and interpreting the terms and taking the decisions also which doctors on panel are not supposed to do.Doctors are to give their professional/medical opinion about the disease,about the diagnosis,about the medicines taken,about the history of the ailment on the bases of their experience in the medical line Both the doctors have done nothing on their part and virtually decided the claim not tenable though they are no authority to do so. It was the observation of the forum that the words are put into their mouth and they have tried to aunthenticate the decision by a professional opinion.A suggession has been made for the doctors on panel by the Consumer forum to limit their opinion to their role and maintain the grace of the noble professionof doctors...

ATM Transactions-How far are you safe

At times two banks have the agreement that customer of one bank can use ATM of other bank. In such case if transaction done with the ATM of other than own bank is faulty, consumer cannot have claim with the bank where he is actually not having account. Recently national commission has dealt with a case of Chenaram v Oriental Bank of Commerce &others 11 2016 CPJ 613 NC and warned the consumer of technical error where consumer has made party to the bank not having account with it...

CIVIL PROCEDURE CODE APPLICABLE TO A LIMITED EXTEND UNDER SUMMERY TRIAL BEFORE THE CONSUMER FORUM

V)Application for amendment of complaint can be entertained by district forum though there is no specific provision for amendment ,there is also no bar in allowing amendment ;Manimalan v k. subrayan,AIR 2004 Mad 446...

COURT ORDERS AGAINST UNFAIR TRADE PRACTICE BUT MISLEADING ADS DO NOT STOP

Yes there is a self regulatory body called ‘The Advertising Standards Council of India (ASCI) (1985) who has adopted a Code for Self-Regulation in Advertising. It is a commited see to honest Advertising and to fair competition in the market-place. It stands for the protection of the legitimate interests of consumers and all concerned with Advertising - Advertisers, Media, Advertising Agencies and others who help in the creation or placement of advertisements. But this agency is having no sharp teeth to deal with such situations as stated above....

APPROVAL OF SUB STANDARD CLAIMS BY THE INSURANCE COMPANIES

‘ The said judgment in National Insurance Company Ltd. v. Nitin Khandelwal reported in (2008) 11 SCC 256 was in a totally different context. In the said case, the plea taken by the Insurance Company was that the vehicle though insured for personal use was being used as a taxi in violation of the terms of the Policy. . In the present case, the respondent did not care to inform the Insurance Company about the theft for a period of 9 days, which could be fatal to the investigation. The delay in lodging the FIR after 2 days of the coming to know of the theft and 9 days to the Insurance Company, can be fatal as, in the meantime, the car could have traveled a long distance or may have been dismantled by that time and sold to kabadi (scrap dealer). The above order has set the criterion as to when non-observance of condition can be considered for sub-standard claimand where situation does not permit to take lenient stand...

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