Dr Sitesh Roy of Mumbai professes to be a highly qualified doctor. I have already filed a Complaint against him with the Maharashtra Medical Council. But if you go through his degrees, you will find that of all his degrees, only one of his degrees – the MBBS – is recognized in India. If…
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…
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…
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…
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…
Mediclaim – Rejection on Ground of Minimum 24 hour Hospitalization Cataract Surgery and several other eye surgeries are conducted in operation theaters, but are over in a few hours. Hospitalization is actually not required. Insurance companies routinely reject claims relating to these surgeries on the wrong assumption that minimum 24 hour hospitalization is required. In a recent decision,…
The whole issue centers round the period within which the Opponent has to give his version to the District Forum in pursuance of a complaint, which is admitted under Section 12 of the Consumer Protection Act. Upon receipt of a complaint by the District Forum, if the complaint is admitted under Section 12 of the…
On 17 August 2015, the National Consumer Disputes Redressal Commission, New Delhi admitted the Govt. of India’s class action suit against Nestle India claiming Rs. 640 crores for unfair trade practice relating to Maggie noodles and allowed the Govt. of send samples of Maggie to accredited laboratories. The next date of hearing is 30 September. The…
I have always advocated that the Consumer Protection Act is the best option in appropriate cases. It is faster than other remedies like civil courts. The fees are nominal. The consumer himself can file and argue his case. I attended a talk by Ms. Rajyalakshmi Rao, ex member of the National Consumer Commission on the 28…
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