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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....

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...

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...

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...

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...

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....

‘ 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...

Recently in one case of Dr Hema, Dr Sulekha Dr Sethunath v/s S.Jayan & Others .11(2016) CPJ 306 NC National Commission has held that complainant do not fall within purview of consumer under Consumer Protection Act. Here was the question of making payment for the services hired and a Government hospital SAT Hospital not charging from the patients and hence are not rendering services to the consumers under Consumer Protection Act....

for bringing the case under pre-existing disease. Second part of Section 45 is: (a) The statement must be on a material matter or must suppress facts which were material to disclose; (b) The suppression must be fraudulently made by the policy holder; and (c) The policy holder must have known at the time of making the statement that it was false or that it suppressed facts which it was material to disclose....

It’s a common complaint of the public at large-gas cylinder empties just in five days of use.It is warned not to accept it without weighing it.This formula also now does not work because cylinders are now found filled with water. The problem is more complicated now as to how to prove it . Just in the early morning ,you find number of cycles carrying gas cylinders and supplying to the customers. Costomers are more than happy to get cylinder before time .Be noted office of the dealer is yet not opened .The dealer’s employees have already got your voucher issued in the last evening so that when cylinders re-filled from the manufacturer land up in the godown of the dealer in the morning,they promptly give you services.Now if you happen to visit these godowns,you will find cylinders getting tempered there,empty cylinders in the possession of these employees are getting filled from the new arrived cylinders by siphoning method and then adjusting the weight with water .Tempered cylinders are then again sealed and before the dealer opens its office ,cylinder reaches to you....

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