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Court Finally HELD; The concept of infra hospitium, a Latin term meaning “within the Hotel” has been discussed in various judgments wherein the liability of Hotel/Innkeepers/restaurant owners was laid down... While the tag had the name of the Hotel on it, the Car Owner could have reasonably inferred that his car was in the ‘duty of care’ and ‘custody’ of the Hotel. Keeping in view the submissions that the insured amount was already paid by the Insurance Company to the Car Owner and that the Hotel has paid to the Car Owner an amount of 1, 00,000 in pursuance of the order dated 12.1.2017 by this Commission, the order of the State Commission is maintained by making minor changes in the rate of interest to be paid It is pertinent to note that this court as well as in Bombay Brazzerie v. Mulchand Agarwal, I (2003) CPJ 4 (NC), and the courts maintained that complainant cannot be paid twice for the loss. He can either be paid by Insurance or by the Hotel for his actual loss. But Hotel cannot be absolved from the responsibility of paying compensation for the mental harassment one undergoes. Hence in the present case also Rs 1, 00,000/- is directed to be paid to the complainant apart from the cost of car as paid by insurance company. Similar was the order passed in...

Mr. Justice V.K Jain, Presiding Member after hearing the arguments from both the parties and referring to judgments decided earlier on the issue came to the conclusion that mosquito bite cannot be said to be a disease from any angle .Firstly, it was not a disease occurred within the body ,it was an external attack on the body which developed injurious and finally fatal .It was sudden and unexpected .Further it was an untoward incident .it happened unanticipated and is not planned in advance. It was also untoward event unexpectedly happened ....

while selling the policies, the insurance companies do not take care as to whether the intending purchaser is eligible for the policy they in fact lure them through agents and sell policies only to improve their financial top line .But when they come to settlement of claims, they engage in all sorts of exercise, suspecting bona fides and in turn approach doctors /hospital for the records during their so called investigation. It was a home loan case against SBI RIN Raksha home loan scheme Claim by wife of deceased Sheshgiri Rao rejected/denied on the ground of suppressing facts based on the ground of investigation engaged by SBI Insurance Ltd....

Supreme Court in Amrapali case held that financial creditor cannot take over home belongings of homebuyers. In other words, the Supreme Court upheld the rights of home buyers ahead of the creditors....

Supreme court rejected the argument extended by the respondant and relied upon the views expressed by the apex court in its earlier orders in the matter of Secretary, Thirumurugan Cooperative Agricultural Credit Society v. M. Lalitha (Dead) Through Lrs. And Others reported in (2004) 1 SCC 305,wherein it was held that the existence of Arbitration Clause in agreement is no bar to the entertainment of the complaint by the Consumer Forum, which is an additional remedy under the Consumer Protection Act, 1986. The remedy provided under the Consumer Protection Act, 1986 is in addition to the provisions of any other law unless there is a clear bar,...

On the first issue law is very clear that all infrastructure is to be provided by the hospital to the patient which includes medicines ,doctors ,nurses,beds, oxyzen and all other surgical as well as clinical equipments ,adequate serving staff. This subject was discussed in details in landmark judgment by the apex in the matter of Harjot Ahluwalia V Springmeadows 1998 Sc and was held- ‘It is a case of non- availability of oxygen cylinder either because of the hospital having failed to keep available a gas cylinder or because of the gas cylinder being found empty. Then, the hospital may be liable in civil law but the accused appellant cannot be proceeded against under Section 304A IPC on the parameters of Bolam's test’ It further states-‘cases where nurse is not trained ,case left to junior doctors without explaining case history,wrong medicine or wrong injection given causing damage to the patient ,doctors/hospital/nursing home negligent for medical treatment...

Lift is a necessary element for a multi storey building and providing this service as facility is otherwise also an essential facility without which the building will not get completion certificate nor it would become fit for occupation for effective use. Hence element of paying consideration for lift services was met by others and a visitor was considered potential consumer....

In the case before us, suitcase had been taken away and stolen which is reasonably possible when entrance door of the coach having not been latched when the train was on the move. The intruder came when the train was on the move in the night and this has not been seriously challenged. Admittedly, the TTE has failed in the performance of his duties which lead to the incident of theft....

On the point that one individual can open only one account under rule -4,the same rule cast duty upon the department to take undertaking from the account holder that he is not maintaining any other account under the scheme There is nothing on record that such undertaking was taken. Complainant’s case is that he was never informed that second account was not permissible .Hence there is no deliberate intention to cause deceit to the respondent .Hence complainant entitled to full rate of interest under NSS Scheme.Justice K.S Choudhuri found complainant had not come with clean hands, hence set aside the order passed by State Commission Alwar which was passed in favour of complainant....

The Delhi High Court in its January 20, 2016 verdict had said that the schools built on land allotted by DDA cannot hike the fee before taking prior permission from Delhi government."It is clear that schools cannot indulge in profiteering and commercialisation of school education.Quantum of fees to be charged by unaided schools is subject to regulation by Department of Education in terms of power conferred under Delhi Schools Education Act of 1973 and it is competent to interfere if hike in fee by a particular school is found to be excessive and perceived as indulging in profiteering," the court had said....

SECOND COMPLAINT AFTER FIRST COMPLAINT DISMISSED BEFORE THE CONSUMER FORUM IS PERMITTED SAYS SUPREME COURT...

PROCEDURE FOR EXECUTION OF CONSUMER COURT ORDER- Role of Police & court...

ALTERATION IN PROJECT • No alteration in project at the free will of the promoters unless the consent of at least two-thirds of the buyers of the project has been obtained. PENALITIES FOR VOILATION • The De-Registration of the Project • 5-10 per cent of the project cost • Imprisonment of up to three years in case of promoters and up to one year in case of real estate agents and buyers for violation of orders of the appellate tribunals or monetary penalties, or both....

Merely by lifting a person or two, or even three, by the driver or the cleaner of the vehicle, without the knowledge of the owner, cannot be said to be such a fundamental breach that the owner should, in all events, be denied indemnification. The misuse of the vehicle was somewhat irregular though, but not so fundamental in nature so as to put an end to the contract, unless some factors existed which by themselves, had gone to contribute to the causing of the accident...

In absence of insurance policy, no concluded contract comes into force between deceased and appellant...

WHEN THE COMPLAINANT DID NOT TAKE PROPER MEASURES TO SAFEGUARD THE CUSTODY OF THE CREDIT CARD AND HANDED OVER THE SAME, TO AN UNAUTHORIZED PERSON, IF ANY TRANSACTION TOOK PLACE, THEN THE BANK WAS NOT LIABLE FOR THE SAME....

COMMERCIAL PURPOSE,COMPLAINANT NOT CONSUMER...

“ to appreciate the heart of the dispute, we think it apposite to x-ray the definition of the term “consumer’ An agreement between the owner of a land and a builder, for construction of apartments and sale of those apartments so as to share the profits in a particular ratio may be a joint venture, if the agreement discloses an intent that both parties shall exercise joint control over the construction/development and be accountable to each other for their respective acts with reference to the project. Contracts entered for mutual benefit and profit and in such a contract, they are not “service providers” to the landowners.”...

However the medical practitioners, Government hospitals/nursing homes and private hospitals/nursing homes (hereinafter called "doctors and hospitals") broadly fall in three categories:- i) Where services are rendered free of charge to everybody availing the said services.(Govt. Hospitals) Patient is not a consumer under this category. ii) Where charges are required to be paid by everybody availing the services. Clearly consumer. iii) Where charges are required to be paid by persons availing services but certain categories of persons who cannot afford to pay are rendered service free of charges. Patient is a consumer...

The hospitals are institutions, people expect better and efficient service, if the hospital fails to discharge their duties through their doctors being employed on job basis or employed on contract basis, it is the hospital which has to justify and by not impleading a particular doctor will not absolve the hospital of their responsibilities....

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