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Exploiting Consumers in the name of Covid -19

Facts –woman admitted for delivery of the child .As usual labour room charges, Doctors fee, and charges for anesthesia etc. taken as usual. At the time of release from the hospital 11,000/- more asked for Covid care fee; 2500/-per day for mother and 500/- per day for child for two days. Law point- No medicine or treatment as yet available for covid-19 .The only thing to be done is to keep hygiene conditions appropriate and intact. Do everything to avoid infection which is otherwise also expected from the hospital to do when patient is under their care. They are paid for all the care as room charges, doctor charges and for all other medicines...

Banks charging on foreclosure of loan –How fair it is in the eyes of law

A matter had come up before Punjab State Consumer Dispute Redressal Commission against DCB Bank Ltd filed by one Ram Paul Bajaj on the issue of bank charging for foreclosure of bank loan. This is not the first time such issue coming up before Consumer Commission where terms & conditions are not properly disclosed to the parties and later on penalize them for their hidden conditions...

Supreme Court held Hospital deficient in services for giving dead body to the wrong person

Facts in brief as stated in the complaint are that Purushothaman father of both the complainants died on 30.12.2009 evening during treatment in M/s. Ernakulam Medical Centre Hospital, Ernakulam. His dead body was kept in the refrigerated box in the mortuary of the hospital.Dead body of one Lt. Col. A.P. Kanthi about 88 years was also kept in the mortuary in the refrigerated box....

Punjab & Haryana HC Stays Circular Issued by RERA providing blanket extension to all projects in the name of Covid -19

Allegations put forth by the petitioner were- · Those projects whose registration has expired long back had been extended by six months. Due to this, several small-time home buyers were suffering as the builders had stopped work. · Power to issue circulars/ notifications of this nature vests in the State Government and not in the adjudicatory bodies. At best, RERA could have entertained an application under Section 84 or 85 of the RERA, 2016. However, no such application was moved in the instant case....

Celebrity found guilty of endorsing product without test and punished by Consumer Commission

The forum remarked against trend of using attractive advertisements to entice gullible consumers to purchase sub-standard products. Basically, advertisements are a trick to cause a consumerist desire in people. A clever tactic to make people buy useless products...

Advertisement of items, claiming miraculous or supernatural powers via television is illegal -Bombay High court

Section 3(2) of the Act shows that abetment of such propaganda is also an offence.In this background, the Court held TV channels, which telecast such advertisement also liable under Section 3 of the Black Magic Act · Due to this superstitious approach all categories of persons , rich and poor, educated and uneducated are being exploited by so-called Babas by selling articles in the name of Yantra, Ganda etc T.V Channels have duty to develop scientific temper...

Bank negligent for not transferring premium amount to Insurance company

Oriental Insurance Company Limited had launched a ‘group individual accident policy’ for the account holders of the Bank. The account holder was required to submit a form to the concerned officer of the Bank in order to avail the insurance cover. Bank was authorised to verify the signature of account holder and then submit the form to insurance company and subsequently transfer an amount of Rs 100/-per month by deducting the same from the account holder. An insurance cover of Rs 5 lakhs was offered...

Surveyors report cannot be rejected against estimate given by authorized dealer.

. Appointment of surveyor is provided in the Insurance Act 1938 and hence Surveyor report cannot be challenged unless cogent evidence against such report is available on record...

Notaries/Oath Commissioners not authorized to execute Marriage/Divorce Documents

Court held job of Notary is defined under Notary Act. The Notaries/Oath Commissioners not authorized to execute marriage/divorce documents. M.P. High court calls state for strict guidelines Ref. -Mukesh v State of MP Decided on 31.12.2020...

The officer while carrying out the arrest mandatorily utters the following words Miranda Rights.

Supreme Court Ultimately held that prosecution cannot use statements that stem from the interrogation of the accused unless it has complied with certain procedural safeguards. The procedural safeguards were as follows, 'Prior to any questioning, the person must be advised that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive these rights, provided the waiver is made voluntarily, knowingly, and intelligently.' This is how practice of pronouncing these words follows now before arresting any person...

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