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Yet another dimension in medical negligence cases. Hon’rable National Commission gives no relief to erring doctor who was found negligent while treating a patient and insurance company refused to indemnify the doctor who did not bother to inform the insurance company about the negligence case filed against him. A complaint was filed by one Mr. Narayan Chandra Saha before a consumer forum in west Bengal against a doctor for negligence and succeeded in it,doctor was slapped with an amount of Rs 2, 67,750 as compensation by a Consumer forum in west Bengal. He filed an execution petition and after receiving the notice, doctor sent it to the insurance company for making the payment to the complainant as he had taken professional indemnity policy from New India Insurance Co. Insurance company refuses to pay the same as they were not informed by the doctor about the case filed against him, neither they were made party in the case. Doctor after refusal by the insurance company comes before the consumer forum alleging deficiency in services on the part of insurance company .Consumer forum allowed the complaint....

It was a death case of a young and talented boy of sixteen year old ,who died in 1996 due to medical negligence of doctors which came before the National commission for judication The boy was given spinal anesthesia for performing operation whereas such anesthesia is not allowed to the person of this age as per the medical literature available on the subject This wrong application resulted into death of the boy. But no negligence could be proved in this case in 1996 because Insurance companies jumped in to picture for defense of doctors with battery of eminent lawyers and raised number of preliminary objection and father of the boy was forced to compromise ultimately.This was a very unfortunate situation where Insurance companies being party in defense defended the genuine case of the complainant with full force without considering the pains of a father who lost his young son....

There had been number of occasions when Courts have said that insurance companies should not reject the claims marely on technical grounds and officers dealing with the case must apply their mind to find genuine claim . IRDIA too issues circulars from time to time and makes policy which maintain credibility of Insurance sector....

Year 2019 was a table - turning year when Consumer Protection Act 1986 was repealed and was replaced by the Act 2019. It was further a new chapter opened when it came into force in July 2020. Consequently year 2021 was full of queries ,debates and implementation problems arising out of new situations that emerged from repeal of old consumer protection act. Supreme Court has tried to solve all the matters which came before it for adjudication. It also took cognigence of some vital issues which were affecting the consumer rights in some or the other way and in spite of having such good law in their favour, they were sufferer at the end. Certain cases decided by the Hon’ble Supreme Court in the year 2021 are bench-mark judgments which will ever be remembered history making law...

M/s Sheth M L Vaduwala Eye Hospital Versus Oriental Insurance Company Limited and Others SC JUDGMENT by J. Dr Dhananjaya Y Chandrachud, J. Dt 11 Dec 2021., These appeals arise from a judgment of the National Consumer Disputes Redressal Commission1 dated 26 February 2014. 3 The appellant is a charitable hospital registered under the Bombay Public Trust Act 1961. Between 21 and 23 June 2000, the appellant conducted an eye camp where cataract surgeries were performed on 112 patients....

Year 2019 was a table - turning year when Consumer Protection Act 1986 was repealed and was replaced by the Act 2019. It was further a new chapter opened when it came into force in July 2020. Consequently year 2021 was full of queries ,debates and implementation problems arising out of new situations that emerged from repeal of old consumer protection act. Supreme Court has tried to solve all the matters which came before it for adjudication. It also took cognigence of some vital issues which were affecting the consumer rights in some or the other way and in spite of having such good law in their favour, they were sufferer at the end. Certain cases decided by the Hon’ble Supreme Court in the year 2021 are bench-mark judgments which will ever be remembered history making law...

!!!)Previous decisions of the NCDRC which had interpreted amendments that enhanced pecuniary jurisdiction, with prospective effect. The NCDRC, in Southfield Paints and Chemicals Pvt. Ltd. v. New India Assurance Co. Ltd.58 construed amending Act 62 of 2002 by which the pecuniary limits of jurisdiction were enhanced with effect from 15 March 2003 as prospective by relying on its earlier decision in Premier Automobiles Ltd. v. Dr Manoj Ramachandran, where the NCDRC held that the amendments enhancing the pecuniary jurisdiction are prospective in nature v)Section 6 of General clauses act 1897 makes it clear that pending proceedings will not be impacted in any manner...

This debate started with Amrapali Sapphire Developers v/s Amrapali Sapphire Flat Buyers Welfare Association amrapali builders case in 2019 when 43 consumers filed consumer complaints together before the National Commission Flat Buyers Welfare Association, filed the complaint against the builder in May 2016, for delay in handing over possession of their flats.and it was contested by Builders raising following points 1. Number of consumer cannot file cases together 2. The pecuniary jurisdiction of Commission should be considered on the basis of amount involved in each case separately 3. RWA cannot be a complainant on behalf of residents...

Writ Petition Deepak Raj Singh V/S Union of India "To assume that each death due to Covid-19 took place due to negligence is too much. Courts cannot have a presumption that all Covid deaths happened due to medical negligence", the Court said. A writ petition filed by Deepak Raj Singh seeking compensation for families of Covid victims who died due to lack of oxygen & essential healthcare facilities The petitioner, submitted that the petition raised a different point relating to deaths caused by negligence and mismanagement. Hence the above order by Apex Court...

U.P. Power Corporation Ltd.& others V/s Anis Ahmad & others 2013 along with eight more cases of similar nature in Electricity matters The issues before the court were as to- · Whether complaints filed by the consumers against Electricity Boards are maintainable before the consumer courts constituted under Consumer Protection Act · Whether the consumer forums have the jurisdiction to entertain a complaint filed by a consumer or a person against assessment made for unauthorized use of electricity under section 126 of the Electricity act 2003 or action taken by billing with penal rates under sec. 135 to 140 of the Electricity act 2003....

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