Laws laid down by supreme court

 

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

On the first issue law is very clear that all infrastructure is to be provided by the hospital to the patient which includes medicines ,doctors ,nurses,beds, oxyzen and all other surgical as well as clinical equipments ,adequate serving staff. This subject was discussed in details in landmark judgment by the apex in the matter of Harjot Ahluwalia V Springmeadows 1998 Sc and was held- ‘It is a case of non- availability of oxygen cylinder either because of the hospital having failed to keep available a gas cylinder or because of the gas cylinder being found empty. Then, the hospital may be liable in civil law but the accused appellant cannot be proceeded against under Section 304A IPC on the parameters of Bolam's test’ It further states-‘cases where nurse is not trained ,case left to junior doctors without explaining case history,wrong medicine or wrong injection given causing damage to the patient ,doctors/hospital/nursing home negligent for medical treatment...

Improper care of elevator causing death to a person. It is a service under consumer protection act says NCDRC

Lift is a necessary element for a multi storey building and providing this service as facility is otherwise also an essential facility without which the building will not get completion certificate nor it would become fit for occupation for effective use. Hence element of paying consideration for lift services was met by others and a visitor was considered potential consumer....

LOSS OF LUGGAGE IN RUNNING TRAIN IN DEFICIENCY IN SERVICE SAYS NCDRC

In the case before us, suitcase had been taken away and stolen which is reasonably possible when entrance door of the coach having not been latched when the train was on the move. The intruder came when the train was on the move in the night and this has not been seriously challenged. Admittedly, the TTE has failed in the performance of his duties which lead to the incident of theft....

NCDRC JUDGMENT ON THE CALCULATION OF RATE OF INTEREST ON INVESTMENT FOUND WRONG BY POSTAL DEPARTMENT DEFICIENCY.

On the point that one individual can open only one account under rule -4,the same rule cast duty upon the department to take undertaking from the account holder that he is not maintaining any other account under the scheme There is nothing on record that such undertaking was taken. Complainant’s case is that he was never informed that second account was not permissible .Hence there is no deliberate intention to cause deceit to the respondent .Hence complainant entitled to full rate of interest under NSS Scheme.Justice K.S Choudhuri found complainant had not come with clean hands, hence set aside the order passed by State Commission Alwar which was passed in favour of complainant....

AN END TO PROFITEERING AND COMMERCIALISATION OF EDUCATION

The Delhi High Court in its January 20, 2016 verdict had said that the schools built on land allotted by DDA cannot hike the fee before taking prior permission from Delhi government."It is clear that schools cannot indulge in profiteering and commercialisation of school education.Quantum of fees to be charged by unaided schools is subject to regulation by Department of Education in terms of power conferred under Delhi Schools Education Act of 1973 and it is competent to interfere if hike in fee by a particular school is found to be excessive and perceived as indulging in profiteering," the court had said....

SECOND COMPLAINT AFTER FIRST COMPLAINT DISMISSED BEFORE THE CONSUMER FORUM IS PERMITTED SAYS SUPREME COURT

SECOND COMPLAINT AFTER FIRST COMPLAINT DISMISSED BEFORE THE CONSUMER FORUM IS PERMITTED SAYS SUPREME COURT...

PROCEDURE FOR EXECUTION OF CONSUMER COURT ORDER- Role of Police & court

PROCEDURE FOR EXECUTION OF CONSUMER COURT ORDER- Role of Police & court...

REAL ESTATE REGULATORS AND DEVELOPERS BILL 2016 (MAIN FEATURES OF THE NEW LAW )

ALTERATION IN PROJECT • No alteration in project at the free will of the promoters unless the consent of at least two-thirds of the buyers of the project has been obtained. PENALITIES FOR VOILATION • The De-Registration of the Project • 5-10 per cent of the project cost • Imprisonment of up to three years in case of promoters and up to one year in case of real estate agents and buyers for violation of orders of the appellate tribunals or monetary penalties, or both....

( ISSUE ;VIOLATION OF TERMS AND CONDITIONS OF THE POLICY)

Merely by lifting a person or two, or even three, by the driver or the cleaner of the vehicle, without the knowledge of the owner, cannot be said to be such a fundamental breach that the owner should, in all events, be denied indemnification. The misuse of the vehicle was somewhat irregular though, but not so fundamental in nature so as to put an end to the contract, unless some factors existed which by themselves, had gone to contribute to the causing of the accident...

LAW ON COVERAGE OF POLICY WHEN LOANEE DIES BEFORE MEDICAL EXAMINATION (NO POLICY EXIST)

In absence of insurance policy, no concluded contract comes into force between deceased and appellant...

LAW LAID DOWN ON ATM TRANSACTIONS

WHEN THE COMPLAINANT DID NOT TAKE PROPER MEASURES TO SAFEGUARD THE CUSTODY OF THE CREDIT CARD AND HANDED OVER THE SAME, TO AN UNAUTHORIZED PERSON, IF ANY TRANSACTION TOOK PLACE, THEN THE BANK WAS NOT LIABLE FOR THE SAME....

LAW LAID DOWN ON ATM TRANSACTIONS

COMMERCIAL PURPOSE,COMPLAINANT NOT CONSUMER...

JOINT VENTURE AND COLLABORATION AGREEMENT

“ to appreciate the heart of the dispute, we think it apposite to x-ray the definition of the term “consumer’ An agreement between the owner of a land and a builder, for construction of apartments and sale of those apartments so as to share the profits in a particular ratio may be a joint venture, if the agreement discloses an intent that both parties shall exercise joint control over the construction/development and be accountable to each other for their respective acts with reference to the project. Contracts entered for mutual benefit and profit and in such a contract, they are not “service providers” to the landowners.”...

PAYMENT FOR SERVICE IS A MUST FOR BECOMING CONSUMER

However the medical practitioners, Government hospitals/nursing homes and private hospitals/nursing homes (hereinafter called "doctors and hospitals") broadly fall in three categories:- i) Where services are rendered free of charge to everybody availing the said services.(Govt. Hospitals) Patient is not a consumer under this category. ii) Where charges are required to be paid by everybody availing the services. Clearly consumer. iii) Where charges are required to be paid by persons availing services but certain categories of persons who cannot afford to pay are rendered service free of charges. Patient is a consumer...

AN ERROR OF NON-JOINDER OF THE PARTY

The hospitals are institutions, people expect better and efficient service, if the hospital fails to discharge their duties through their doctors being employed on job basis or employed on contract basis, it is the hospital which has to justify and by not impleading a particular doctor will not absolve the hospital of their responsibilities....

ATM Transactions

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 .in such a situation consumer needs to contact his own bank. It is the duty of his bank to obtain details from the contracting bank and provide the same to the consumer...

WHETHER REGISTERING THE DOCUMENTS BY REGISTRAR IS A SERVICE PROVIDED UNDER CP ACT

86 Registering officer not liable for thing bona fide done or refused in his official capacity. - No registering officer shall be liable to any suit, claim or demand by reason of any thing in good faith done or refused in his official capacity." In the instant case, neither the appellant pleaded nor has the District or the State forum recorded any finding that the refusal of the Registering Officer or the inaction of the Collector of Stamps was malicious, motivated or mala-fide. In view of the above discussion ,we conclude that both the authorities referred above perform their statutary duties of registering the documents and in the process collecting appropriate revenue for the state ,hence do not fall under the purview of consumer protection act ....

JURISDICTION OF THE FORUM /COMMISSION TO ENTERTAIN A COMPLAINT WHEN THERE IS AN ERROR OF NON-JOINDER OF THE PARTY

The hospitals are institutions, people expect better and efficient service, if the hospital fails to discharge their duties through their doctors being employed on job basis or employed on contract basis, it is the hospital which has to justify and by not impleading a particular doctor will not absolve the hospital of their responsibilities....

Law on seeds purchase

“ the Seeds Act is a special legislation enacted for regulating the quality of seeds and if the respondents had any grievance about the quality of the seeds then the only remedy available to them was to either file an application under Section 10 of the Seeds Act or to approach the concerned Seed Inspectors for taking action under Section 19 read with Section 21 of that Act.” SC did not agree to it in view of the arbitration clause contained in the agreements under Section 8 of the Arbitration and Conciliation Act, 1996 entered between the appellant and the growers, the latter could have applied for arbitration and the Consumer Forums should have non-suited them in view of Section 8 of the Arbitration and Conciliation Act, 1996” SC did not agree to it The growers of seeds, who had entered into agreements with it, are not covered by the definition of `consumer' under Section 2(d) of the Consumer Act because they had purchased the seeds for commercial purpose SC did not agree to it...

REAL ESTATE REGULATORS AND DEVELOPERS BILL 2016 (MAIN FEATURES OF THE NEW LAW )

(MAIN FEATURES OF THE NEW LAW ON REAL ESTATE)...

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