Extracts from a decision dated 7 May 2013, in the case of Goyal Hospital & Research Centre Pvt. Ltd., Jodhpur & ors, V/s. Kishan Shukla (R.P. No.4023/2011), in which the National Consumer Commission held a doctor liable for Medical Negligence and held that a doctor must have valid and recognized specialised qualification. It held that a Doctor should…
Consumer Alert This is a very interesting case because I was confident that I would win the appeal. But the State Commission President said Kidzee would drag the Complainant to the Supreme Court and she would not be able to fight the Corporate. I am thankful to the President of the State Commission and the…
Criminal Cases under MOFA Very few criminal cases are filed against builders and land owners under the Provisions of MOFA (Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963) and other sections of the IPC. I do not know the exact reasons. Most flat owners, and even lawyers,…
The past few weeks have been very distressful for me. I have been deeply concerned with the increasing air pollution in Mumbai and the increasing number of diseases directly related to it. I, my wife and two sons have been seriously effected. I have been thinking of taking some action. Though I do not…
Issue of Passport – Sovereign Function The decision to issue a passport or not is a sovereign function. The Govt. of India does have the right to reject issue or rejection of Passport in appropriate cases. Having said that, not issuing a passport for wrong and invalid reasons can amount to deficiency in services. And the aggrieved person…
December 2015 – The Maharashtra Government has issued a notification on 19 December 2015 to follow clear norms for giving RTI replies. This follows DoPT’s general guidelines, issued in October 2015, to discipline PIOs who give evasive replies to RTI queries. Obtaining information from the Public Information Officers (PIOs) is a frustrating experience. The usual…
Background – Demand by Advocates Advocates have for long been resisting the appearance of non Advocates in Consumer cases. As a result, the Rules of Allowing Appearance of Agents or representatives or Non-Advocates of Social organizations before the Consumer Forums have been introduced in 2014. According to the new Consumer Protection (Procedure for Regulation of…
Christmas eve has brought bad news for Gundecha Builders….one of the top builders of Mumbai. On 23rd December 2015, Justice Mridula Bhatkar of the Bombay High Court settled a 36-year-old litigation initiated by one Shivram Shinde (since deceases) who claimed he was in “adverse possession” of the land since 1944. Gundecha Builders joined the litigation later, saying it had…
Supreme Court – last minute effort to stop the release the juvenile offender In what looks likes a scene drawn from the Indian Cinema, on the late night of Saturday 20th December 2015, Swati Maliwal, Chief of the Delhi Commission for Women (DCW), moved the Supreme Court, seeking the court’s intervention against the release of…
The question of territorial jurisdiction in internet transactions is a tricky issue. This issue came up before the Meghalaya State Consumer Commission. The grievance related to sale of Air Tickets by Air Deccan through the internet. The State Commission made a detailed analysis of various provisions and decisions; and by its order dt. 7 December 2013, held that the Complainant…
