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Hospital cannot avoid their responsibility towards their patient if patient does not know the name of the treating doctor ,it is they to check the record and help the patient to know the details of treatment and the treating doctor at their hospital....

Law laid down by the supreme court in the matters related to consumers under consumer protection act 1986 on various issues from time to time...

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....

almost all the airlines practice overbooking and if you fail to report at the time specified, someone in the waiting list may enter the plane before you and you may not be allowed to board even if you are having confirmed ticket.If you reasonably think,airline cannot afford to go plane with unoccupied seats and it often happens when journey is cancelled at the last moment Hence overbooking has been justified by the National commission in a recent decided case.So you make it sure you report in time at the airport if you want to enjoy tension free journey....

Now after the amendment 2002 ,Honourable SC in its recent judgement in the matter of Rajeev Hitendra Pathak & others V Achyut Kashinath karekar &others along with other Civil Appeal in the matter of M.O.H Leathers V United Commercial Bank has discussed the issue as to whether Consumer forum or State commission have got the jurisdiction to set aside its own order. Supreme court has discussed a range of aspects and number of earlier judgements including the above case of New India Assurance Co. Ltd for coming to a reasoned conclusion and held that consumer fora or State Commission has no power to review its own order.There has been a special clause added to the act empowering the national commission to review its own order as spelled out through amendment as hereunder...

No one had ever thought or imagined that consumer forums constituted under the Consumer Protect Act shall work so effectively and will run like parallel judicial system to the civil courts In no time Supreme court through its landmark judgements brought number of big business houses under the jurisdiction of these forums for redressal of the grievances of consumers .The total scenario was further changed with elaborate amendments made in the act in 1991,1993 and 2002 in order to incorporate the new provisions brought through SC judgements during the course. In the first and second amendment itself , medical services,fixed deposit made with industrial financial units ,construction companies Govt.and private insurance companies, telephone ,electricity were considered service providers for the purpose of the term defined as service in the act Railways,airlines,hotels and restaurants ,carrier companies, educational institutes -none was spared from the ambit of consumer forums for the dispute redressal.The credit goes to common cause association who filed writ petition before the Apex court to implement the act and constitute the forums...

Normally no person is held responsible for the wrongs done by someone else. However, there are few instances wherein a person can be held liable for the conduct of another person. This liability is known as Vicarious Liability. Liability of the Principal for the act of his Agent is the most common in law. When a principal authorises his agent to perform any act, he becomes liable for the act of such agent provided the agent has conducted it in the course of performance of duties....

Since the conception of consumer protection act,lobby of professionals had been at unrest and had left no stone unturned to skip away from their responsibility towards consumers and accountability before the consumer forums .The strongest argument extended in their favour had always been that they are professionals and not holding occupation .For the first time this stand was taken by the medical professionals in the case of V Shantha V Indian medical association in the year 1995 before the Hon’ble Supreme court of India wherein it was argued that they have their own body of Indian Medical Association who can take disciplinary action against them in case of any default on their part .But the Hon’ble Supreme court did not agree to their contention and found them service provider for medical services and also held that any negligence on their part shall be considered deficiency in services. But the efforts continued and now advocates also came ahead for saving their skin from their clients whom they sometimes ditch in the midway of their case causing him great loss. Similar argument was extended this time also that they have their own body named Bar council which can take care of the moral and ethical values which need to be preserved by the advocates. Hence an initiative taken by the Hon’ble Supreme court to elaborate the ethical and moral responsibility of an advocate through judgement in the case of O.P. Sharma v. High Court of Punjab & Haryana of case is a welcome step....

A doctor could also be held legally liable if a patient does not give “Informed consent” to medical procedure (surgery or tests ) resulting in harm to the patient even if the procedure performed properly. For example , if a particular patient needs surgery and the doctor fails to tells the patient that there is 50% chance that the patient may be paralysed if the operation is performed , then the doctor may be liable even the operation was peformed with full care and competence because the patient might have refused to operation if he had known the risks involved....

In many cases while booking a case under theft , requirement of Regulation 25 & 26 were given a complete go by. To an extent that even the complainant was neither given an opportunity to put forward his version nor was any speaking order passed by the concerned authorities as per requirements of Regulatioin26(i) of DERC- 2002.In such situations, consumer fora need to go into the details and check whether testing a case for theft, all the legal provisions have been followed strictly. This exercise by the electricity board is also a service to the subscriber ,the question of theft comes only after the proper investigation has taken place .Consumer Foras are entitled to check at least two things- 1. Investigation report prepared by the licencee company. 2. FIR registered by the company against the subscriber which shows licencee company has proof and the intention to book the subscriber under theft...

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