Sec 175 of Electricity Act and section 3 of CP Act - both these acts are additional remedy and not in derogation to other laws. Sec-173,174 &175 of the act have overriding effect qua provisions of any other law except that of the provisions of CP Act 1986,The Automic Energy Act1962 And Railways Act 1989 Sec 42(8) this provision of the the Electricity Act provides that the remedies provided under these provisions are without prejudice to the rights of consumers which they may have apart from these provisions Sec 145 bars the jurisdiction of civil courts and other authority but not the Consumer forums constituted under quasi judicial system...
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 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....
The Supreme Court has ruled that public sector insurance companies cannot refuse to provide medical cover policies to those suffering from pre-existing diseases and said such an action was arbitrary, illegal and unconstitutional. A bench of Justices S B Sinha and V S Sirpurkar also asked the Insurance Regulatory Development Authority (IRDA) to frame suitable guidelines to ensure that insurance companies, both from public sector and private sector, do not indulge in the unethical practice of denying medical insurance facility to the public....
The object and purpose of enacting the Act is to render simple, inexpensive and speedy remedy to the consumers with complaints against defective goods and deficient services and the benevolent piece of legislation intended to protect a large body of consumers from exploitation would be defeated. Prior to the Act, consumers were required to approach the Civil Court for securing justice for the wrong done to them and it is known fact that decision in suit takes years. Under the Act, consumers are provided with an alternative, efficacious and speedy remedy. As such, the Consumer forum is an alternative forum established under the Act to discharge the functions of a Civil Court. Therefore, delay in disposal of the complaint would not be a ground for rejecting the complaint and directing the complainant to approach the Civil Court....
Honourable Supreme Court and now, may it be known to consumers that insurance companies if made party to the case with defendants , it is no more a matter to worry for them as both have to play their own roles and interest of consumer shall be taken care by the consumer protection agencies i.e. Forums and Commissions for getting them justice ....
Complaint could not have been registered by the District consumer forum without seeking an opinion of an expert in terms of the Supreme court report in Martin F.D’Souza V/S Mohd.Ishfaq 1[229]CPJ 32 SC –was the plea taken by the defence before the State commission of Hyderabad in revision against the issuance of notice by the District court in the matter of A Srimannarana v dasari santakumari&others civil appeal no 368 of 2013 decided on 9.1.13....
At times,an arrangement has been made for deduction of insurance premium from the salary of the insured through his employer.In case of default in payment of premium to the insurance company by the employer ,employer is an agent of insurance co. if this mode for collection of premium is chosen /opted by the insurance company...
Consumer courts are traditional domain of the court,extended area of judiciary and neglecting this judicial process means depriving the public to right to access to justice.He further stated that Tribunal is not a department of Govt.,its an autonomous body entitled to be given recognition .But the biggest fraud played on consumer forums is that even after 26 years of its enactment,no clerical cadre has been so far created for these forums and staff comes on transfer from all the departments .By the time they are trained to the functioning of consumer court,they are again shifted elsewhere .He warned that the forums are becoming civil courts and it is time to renew the situation....
Let us re-look on the latest decided case by the Hon’ble Supreme cpourt and appreciate the spirit of the order. It is much more important to know and note that educational institutions are very much covered under the provisions of consumer protection act for the purpose of their services rendered for consideration There is an Apex court order dt 13th Feb 2009 by the two judges bench comprising justice Dalveer Bhandari and Justice Harjeet Singh Bedi confirming the order by the National commission in appeal no 1135 of 2001 in the matter of Budhist Mission Dental College and Hospital that imparting education by an educational institute falls within the ambit of service as defined in the consumer protection act....
National Commission with the intention to help the consumers allowed insurance companies to be impleaded as party in defence but at the same time defined the role of both ,Doctors as well as Insurance companies and held that doctors are to defend their cases on merit on their own .Insurance companies will be an agency who will tell about the validity of insurance made and its other relevant espects.i.e admissibility, period of the policy made etc.Any other objections if company has in respect of the policy can also be decided here it self....
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