Empowering Choices: A Path to Sustainable Consumerism

Empowering Choices: A Path to Sustainable Consumerism

Empowering Choices: A Path to Sustainable Consumerism

Exploring the wide array of consumer choices reveals both positive and negative trends that significantly impact the market, the environment, and society. On the positive side, there is an encouraging shift towards informed consumerism, with individuals prioritizing transparency and ethical business practices. It is awesome to see this vibe extending to sustainability, with more consumers choosing eco-friendly products and pushing companies to be more responsible. Additionally, there is a commendable resurgence in support for local businesses, indicating that people are realizing the importance of helping their communities grow economically.

But, you know, it’s not all rainbows and sunshine. Challenges arise from impulsive buying and overconsumption, contributing to a throwaway culture. Fast fashion, single-use plastics, and excessive packaging reflect a trend that prioritizes instant gratification without thinking about the long-term impact on the planet and our society. Also, blind loyalty to brands can also be detrimental when it fosters allegiance without critical evaluation, potentially perpetuating unethical practices and maybe supporting some not-so-great products. Further, disregard for product lifecycle leads to improper disposal of items, and eventually becomes one of the causes of environmental degradation.

Finding a balance between satisfying your own desires and acting as a responsible steward of the planet and society is important. Making informed choices, ethical consumption, and a commitment to sustainability can collectively shape a consumer landscape that not only fulfils immediate needs but also helps in making the world a better, happier place.

As we take a moment to think about our consumer choices, especially with our 75th Republic Day celebration, it’s a great time to appreciate the values that make our nation so diverse and lively. The positive trends of informed consumerism, sustainability, and support for local businesses align with the principles of unity in diversity and responsible citizenship that our Republic stands for. By making choices that are ethical, good for the planet and embracing sustainability, we contribute not only to our individual well-being but also to the collective prosperity of our nation.

Let us remember that our choices are not just about what we buy – they are woven into the bigger picture of our society. As responsible consumers, let us uphold the ideals of justice, liberty, equality, and fraternity that form the cornerstone of our Republic. May our united actions reflect the values that make our nation resilient, inclusive, and forward-looking.

We extend heartfelt gratitude to our esteemed readers for their unwavering support. Your engagement, feedback, and ideas continue to play a pivotal role in our mission to deliver informative articles. We invite you to share your thoughts and suggestions at info@consumer-voice.org, as together, we foster a knowledgeable and empowered community.

Wishing you an enriching and enjoyable reading experience ahead!

Pallabi Boruah

Editor

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Navigating Insurance Options: Comprehensive Coverage for Diabetics in India

Navigating Insurance Options: Comprehensive Coverage for Diabetics in India

Navigating Insurance Options: Comprehensive Coverage for Diabetics in India

As the prevalence of diabetes continues to rise steadily in India, individuals grappling with this chronic condition encounter myriad challenges, particularly in obtaining comprehensive health insurance coverage. The constant management and specialized care required for diabetes underscore the necessity for individuals with this condition to secure adequate insurance coverage. This article provides an in-depth exploration of the insurance landscape for diabetics in India, delving into existing challenges, examining the current scenario, and proposing potential solutions to bridge the existing gaps.

                                                                                                                              Subas Tiwari

Understanding the Diabetes Epidemic in India

Diabetes has emerged as a significant public health concern in India, witnessing a concerning surge in cases over the past few decades. According to the International Diabetes Federation (IDF), India is home to over 77 million adults with diabetes, a number expected to escalate in the coming years. Given the economic and health implications of diabetes, there is a critical need for a comprehensive approach, including robust insurance coverage.

The Current State of Insurance Coverage for Diabetics

While health insurance is pivotal for managing healthcare costs in India, individuals with pre-existing conditions such as diabetes often encounter hurdles in obtaining comprehensive coverage. Diabetes is typically classified as a pre-existing condition by insurance companies, resulting in higher premiums and exclusion of certain benefits.

Challenges Faced by Diabetics in Obtaining Insurance:

  1. Higher Premiums: The perceived risk associated with diabetes often leads to elevated insurance premiums, acting as a financial deterrent for many individuals seeking adequate coverage.
  2. Waiting Periods and Exclusions: Insurance policies commonly impose waiting periods and exclusions for pre-existing conditions, leaving diabetics without coverage for diabetes-related expenses during these periods and incurring out-of-pocket expenses.
  3. Limited Coverage for Complications: Many insurance policies in India may not provide sufficient coverage for complications arising from diabetes, leaving individuals vulnerable to significant medical costs.
  4. Lack of Awareness: A lack of awareness about insurance options and specific coverage needs can result in inadequate financial protection for individuals living with diabetes.

Initiatives and Solutions

Recognizing the challenges faced by diabetics, both the government and private insurance providers are taking steps to enhance access to comprehensive coverage. Key initiatives and potential solutions include:

  1. Government Health Schemes: The implementation of health insurance schemes like Ayushman Bharat aims to provide financial protection to citizens, including those with pre-existing conditions like diabetes.
  2. Specialized Diabetes Insurance Policies: Some insurance companies now offer specialized policies tailored to the needs of diabetics, covering routine check-ups, medications, and specific complications associated with diabetes.
  3. Education and Awareness Programs: Increasing awareness about the importance of health insurance among individuals with diabetes is crucial to empower them in making informed decisions and navigating the complex landscape of coverage options.
  4. Advocacy for Policy Changes: Diabetes advocacy groups and healthcare organizations can play a vital role in advocating for policy changes that address the unique needs of diabetics, including standardized coverage for diabetes-related expenses and fair premium structures.

Despite existing challenges, there is a growing recognition of the need for comprehensive insurance coverage for individuals with diabetes in India. The collaborative efforts of both public and private stakeholders reflect a concerted attempt to bridge the gap and ensure diabetics have access to the financial protection they require. As India contends with the diabetes epidemic, addressing insurance challenges for individuals with the condition is crucial for building a healthier and more resilient society.

Best Health Insurance Plans for Diabetics in India

For diabetes-related treatments, individuals can opt for health insurance policies designed specifically for diabetes. Indian health insurers offer exclusive plans such as Star Health Diabetes Safe, ICICI Prudential Diabetes Care, and National Insurance Varishta Mediclaim, among others.

According to an IDF report, India is projected to witness a substantial increase in diabetes cases, with an estimated 93 million cases by 2030 and 125 million cases by 2045. Consequently, having health insurance for diabetes is crucial, providing tailored financial support for comprehensive coverage against complications or diseases related to this condition. Therefore, investing in such insurance is of utmost importance.

In India, diabetes insurance typically covers regular hospitalization expenses for both diabetic and non-diabetic complications. Regular health insurance plans often exclude coverage for pre-existing conditions and may impose waiting periods before providing coverage. However, specialized diabetes insurance plans are specifically designed to address high blood sugar levels and related illnesses.

These custom-tailored plans typically offer coverage for both Type 1 and Type 2 diabetes, with options for Individual or Family Floater plans based on individual needs. In addition to hospitalization coverage, health insurance for diabetes may extend to outpatient expenses, such as medical consultations and diagnostic tests. Some plans also include a Personal Accident cover, providing payment in the event of accidental death of the insured individual.

This Insurance Companies are offering Diabetes Health Insurance Plans

Diabetes health insurance is specialized medical coverage designed to address expenses related to diabetes treatment and hospitalization. This type of insurance plan caters to high blood sugar levels resulting from inadequate insulin secretion in the body, leading to severe complications like renal failure, vision loss, and heart stroke.

  1. Aditya Birla Activ Health Enhanced Diabetes Plan
  • Comprehensive insurance policy covering diabetes and other pre-existing conditions like hypertension.
  • Sum insured limit up to Rs.2 crore.
  • Coverage available for both individual and family floater basis.
  • Benefits include coverage for medicines, diagnostic tests, and consultation fees for critical illnesses.
  1. Care Freedom Diabetes Health Insurance Plan
  • Comprehensive insurance policy for both individual and family floater basis.
  • Sum insured ranges from Rs.3 lakh to Rs.5 lakh.
  • Coverage for dialysis treatment with a claim limit of up to Rs.1,000 per sitting for a maximum of 24 months.
  • Health check-up facilities for diabetes and cardiac health check-ups.
  1. National Varishtha Diabetes Mediclaim Policy
  • Specifically designed for senior citizens aged 60 to 80 years.
  • Coverage for hospitalization and domiciliary hospitalization expenses.
  • Add-on benefit for coverage of diabetes and hypertension.
  • Coverage for cataract surgeries and Benign Prostatic Hyperplasia.
  1. Star Health and Allied Diabetes Safe Insurance Plan
  • Designed for individuals aged 18 to 65 years suffering from Diabetes Mellitus.
  • Covers hospitalization expenses related to diabetes complications, including room rent, nursing charges, and surgeon’s fees.
  • Coverage for modern treatments like Oral Chemotherapy, Uterine Artery Embolization, and more.
  • Provides 100% personal accident cover.
  1. HDFC Energy Diabetes Policy
  • Specifically designed for people with diabetes.
  • Covers day care treatments and organ donor expenses.
  • Lifelong renewability with a unique Wellness program.
  • Coverage for ambulance services and a personalized health coach.
  1. ICICI AdvantEdge Diabetes Health Policy
  • Flexible and customizable plan covering pre and post-hospitalization expenses.
  • Includes a wellness program and Domestic Air Ambulance coverage.
  • Lifelong renewability with an annual health check-up.
  1. Niva Bupa Diabetes Reassure 2.0 Policy
  • Offers three variants: bronze, silver, and platinum, for both individual and family floaters.
  • High sum insured variants available, ranging from Rs.5 lakh to Rs.1 crore.
  • Unlimited e-consultations and personal accident benefits.
  • Second medical opinion and health check-up coverage from day one.
  1. Navi Diabetes Health Insurance Plan
  • Coverage up to Rs.1 crore.
  • Unlimited online consultations and coverage for medical treatments at home.
  • Coverage for organ donor expenses and air ambulance.
  • Comprehensive coverage for hospitalization expenses.
  1. Apollo Munich’s Diabetes Health Insurance Plan:
  • One-year validity period with two options: Silver and Gold.
  • No waiting period, coverage starts immediately.
  • In-patient hospitalization costs covered.
  • 25% discount for maintaining good health.
  1. National Varistha Diabetes Mediclaim Policy
  • One-year tenure with renewal until the age of 90 years.
  • Hospitalization covered up to Rs.1 lakh, critical illness up to Rs.2 lakh.
  • Coverage for medicine, drugs, and diagnostic charges.
  • Emergency ambulance charges covered up to Rs.1,000 for each policy year.

What is covered?

Diabetes health insurance plans typically provide coverage for various aspects, including:

  1. In-patient hospitalization expenses for diabetes and its complications.
  2. Immediate coverage for diabetes-related ailments without any waiting period.
  3. Coverage for day care treatment.
  4. Pre and post-hospitalization medical expenses.
  5. Portability benefit for transferring policies between insurers.
  6. Restore benefits for reinstating the sum insured.
  7. No Claim Bonus (NCB) for premium discounts.
  8. Coverage for organ donor expenses.
  9. Tax benefits under Section 80D.
  10. AYUSH treatment coverage.
  11. Ambulance cover for emergency services.
  12. Diagnostic test coverage.
  13. Domiciliary hospitalization coverage.
  14. Annual health check-ups.
  15. Personal accident cover.
  16. Companion benefit for family members.
  17. Dialysis cover for kidney complications.
  18. Consumable cover for specific hospitalization items.

What is not covered?

Exclusions typically found in diabetes insurance plans include:

  1. Other pre-existing diseases.
  2. Self-inflicted injuries.
  3. War-related treatments or hospitalizations.
  4. Cosmetic surgery for non-medical purposes.
  5. Treatment of obesity unrelated to diabetes management.
  6. Venereal or sexually transmitted diseases.
  7. Hospitalization without a doctor’s recommendation.
  8. Prenatal and postnatal expenses.
  9. Specific exclusions for Type 1 and Type 2 diabetes.

How to Buy Diabetes Health Insurance Policy?

To purchase diabetes health insurance, follow these steps:

  1. Visit an IRDAI-approved insurance portal to search, compare, and buy policies easily.
  2. Click on ‘Buy Now’ and choose the policy aligning with your requirements.
  3. Follow the instructions to make the payment on the insurer’s portal.
  4. Receive the soft copy of the policy document via email.

Benefits of Diabetes Health Insurance

Advantages of health insurance for individuals with diabetes in India include coverage for:

  • Hospitalization expenses related to diabetes complications.
  • Reimbursement for outpatient expenses.
  • Hospitalization expenses for complications not directly related to diabetes.
  • Compensation in case of accidental death.
  • Tax benefits under Section 80D.
Eligibility for Diabetes Health Insurance Eligibility criteria depend on the insurer and the chosen plan, including age, medical tests, disclosure of pre-existing illnesses, waiting periods, and specific diabetes types covered. It is crucial to read the policy document for detailed eligibility criteria. FAQs on available Health Insurance Plans for Diabetics in India
  1. Which documents are typically required to purchase diabetes health insurance?
    • Proof of age, address proof, passport size photographs, identity proof, and medical reports may be requested. Additional documents may vary by insurer.
  2. What is the waiting period for diabetes insurance coverage?
    • While regular plans may have waiting periods of 24 to 48 months, diabetes-specific plans may have no waiting period.
  3. What is the coverage amount offered by diabetes health insurance?
    • Coverage amounts range from Rs.5 lakh to Rs.10 lakh, with enhanced plans offering coverage up to Rs.1 crore.
  4. Is it necessary to disclose diabetic condition when purchasing health insurance?
    • Yes, it is mandatory to inform the insurer about your diabetic condition to ensure accurate coverage and prevent claim rejection.
  5. What expenses do health insurance plans for diabetes cover for both Type 1 and Type 2 Diabetes?
    • Coverage typically includes doctor’s fees, prescribed medicines, diagnostic tests, and hospitalization expenses related to diabetes care.
    This comprehensive guide aims to assist individuals in navigating the complex landscape of health insurance for diabetes in India, providing insights into available plans, coverage details, and essential considerations. Always review policy documents and consult with insurers for the latest information.

Navigating the complex landscape of health insurance for diabetes in India requires careful consideration and informed decision-making. To assist individuals in this process, here are 20 essential tips for buying a Diabetes Health Insurance Plan:

  1. Understand Your Diabetes Condition: Before embarking on the journey of purchasing insurance, ensure a clear understanding of your diabetes condition, including whether it is Type 1 or Type 2, existing complications, and your current health status.
  2. Start Early: Commence your research and acquisition of a diabetes health insurance plan at an early stage. Starting early not only allows for better coverage but also often results in lower premiums.
  3. Compare Plans: Take the time to compare different insurance plans available in the market. This step ensures that the chosen plan aligns with your specific diabetes-related needs and preferences.
  4. Specialized Diabetes Plans: Consider opting for specialized diabetes insurance plans. These are tailor-made to comprehensively cover various expenses related to diabetes, offering a more focused approach to your healthcare needs.
  5. Coverage for Complications: Ensure that the selected insurance plan provides adequate coverage for complications arising from diabetes. This includes coverage for conditions such as kidney diseases, vision-related issues, and cardiovascular problems.
  6. Waiting Periods: Understand the waiting periods associated with the policy, especially concerning pre-existing conditions. Opt for plans with shorter waiting periods to expedite coverage for diabetes-related expenses.
  7. Premiums and Affordability: Assess the premium costs associated with different plans and choose one that is not only affordable but also provides the necessary coverage for managing your diabetes effectively.
  8. Network Hospitals: Check the list of network hospitals associated with the insurance provider. Ensuring access to quality healthcare facilities within the network is crucial for efficient and cost-effective treatment.
  9. Claim Process: Familiarize yourself with the claim process of the chosen insurance plan. Understanding the documentation requirements and procedures ensures a smooth and hassle-free experience during claims.
  10. Pre-Existing Condition Disclosure: Accurately disclose your diabetic condition to the insurance provider. Non-disclosure of pre-existing conditions may lead to claim rejections, emphasizing the importance of transparent communication.
  11. Renewability and Lifetime Coverage: Opt for a plan that offers lifelong renewability. Given that diabetes requires long-term management, continuous coverage is essential for ongoing healthcare needs.
  12. Coverage for Routine Check-ups: Look for plans that cover routine check-ups, preventive screenings, and medications related to diabetes management. Comprehensive coverage for these aspects contributes to effective healthcare.
  13. Sub-Limits and Co-payments: Be aware of sub-limits and co-payment clauses in the policy. Ensure that these terms are reasonable and won’t impose a significant financial burden on your out-of-pocket expenses.
  14. Coverage for Family Members: If needed, explore family floater options to cover your immediate family members under the same plan. This provides a convenient and comprehensive solution for the entire family’s healthcare needs.
  15. Exclusions: Understand the exclusions outlined in the policy. Awareness of specific treatments or procedures not covered helps prevent surprises and allows for better financial planning during a claim.
  16. Personalized Plans: Choose plans that allow customization based on your specific health needs. This ensures that your unique diabetes-related requirements are adequately addressed within the policy.
  17. Add-On Benefits: Explore the availability of add-on benefits such as critical illness cover, personal accident cover, and other riders. These additions can enhance the overall coverage of the insurance plan.
  18. Claim Settlement Ratio: Check the claim settlement ratio of the insurance provider. A higher ratio indicates the efficiency of the company in processing and settling claims, providing confidence in their services.
  19. Customer Reviews and Feedback: Read customer reviews and testimonials to gain insights into the experiences of other policyholders with the insurance provider. Real-life experiences offer valuable perspectives on the company’s service quality.
  20. Consult a Financial Advisor: If needed, seek advice from a financial advisor or insurance expert. A professional can provide personalized guidance based on your specific health and financial situation, aiding in making an informed decision.

Remember, investing time and effort into understanding and choosing the right Diabetes Health Insurance Plan is crucial for long-term financial security and effective diabetes management. Always read the policy documents carefully, and don’t hesitate to ask questions to clarify any doubts before making a decision.

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Navigating the Web: A Consumer’s defence Against Dark Patterns

Navigating the Web: A Consumer’s defence Against Dark Patterns

Navigating the Web: A Consumer’s defence Against Dark Patterns

Consumers are finding themselves in a wide online landscape in an era of digital convenience. Although there are many advantages of the internet, it is important to stay vigilant against such practices commonly referred to as dark patterns. These subtle design choices alter consumer behaviour, often leading to unintended effects.

                                                                                                                 Rinki Sharma

The Ministry of Consumer Affairs, Food and Public Distribution has released directives addressing the prevention and oversight of dark patterns. These guidelines target deceptive design practices that manipulate users, compromising their autonomy and decision-making. Applicable to all platforms offering goods or services in India, along with advertisers and sellers, the regulations fall under the jurisdiction of the Central Consumer Protection Authority (CCPA), established by the Consumer Protection Act, 2019. 

The guidelines explicitly forbid any individual or platform from employing dark patterns. They enumerate prohibited practices, such as false urgency, basket sneaking, and forced actions. Non-compliance with these guidelines may result in penalties. These measures are designed to safeguard consumer rights and ensure fair and transparent interactions in the marketplace.

Understanding Dark Patterns: These are user interface design tricks that can be used to direct users in taking actions that they possibly would not have taken willingly.

  • False urgency: Displaying “Limited time offer, only 1 item left!” to pressure users into quick purchases.
  • Basket sneaking: Automatically adding accessories to the cart during online shopping without user consent.
  • Confirm shaming: Using prompts like “Are you sure you want to miss out on this amazing deal?” to guilt users into accepting offers.
  • Forced action: Requiring users to provide personal information before allowing them to exit a website.
  • Subscription trap: Offering a free trial that automatically converts into a paid subscription without clear notification.
  • Interface interference: Placing misleading pop-ups or buttons that divert users to unintended pages.
  • Bait and switch: Advertising a product at a low price but substituting it with a higher-priced alternative.
  • Drip pricing: Showing a base price for a product and gradually adding taxes, fees, and shipping costs during the checkout process.
  • Disguised advertising: Incorporating promotional content seamlessly into an article, making it look like genuine information.
  • Nagging: Continuously prompting users with pop-ups to sign up for newsletters or notifications.

Do’s:

  • Take the time to carefully review all information before making any online transactions. It is crucial to be thorough and informed. 
  • Stay vigilant for any potential hidden costs before finalizing a transaction. Transparent pricing information is key to building trust and credibility online. 
  • Be aware of subscription terms, billing cycles, and cancellation policies to avoid any surprises. Understanding these details empowers consumers to make informed decisions.
  • Take control of your privacy settings on online platforms. By limiting data sharing, you can protect your personal information from unnecessary exposure.
  • When making online purchases, opt for well-established and reputable websites. This adds an extra layer of security to your online transactions.

Don’ts:

  • Consumers should resist the urge to rush through transactions. Taking the time to understand agreements and scrutinize details prevents impulsive decisions.
  • Suspicious pop-ups, especially those urging quick actions, should not be ignored. Verifying the legitimacy of pop-ups ensures protection against potential traps.
  • To ensure safety and security, it is important for users to verify the authenticity of email senders before responding to urgent messages. By avoiding blind trust, individuals can protect themselves from falling prey to fraudulent emails. 
  • Reacting hastily to urgency tactics can lead to regrettable decisions. By resisting the pressure to make impulsive choices, consumers can guard themselves against online scams. Protecting personal data starts with being mindful of the information shared online.
  •  Limiting the disclosure of unnecessary details during transactions is crucial in safeguarding sensitive information. 

By staying informed and making wise choices, individuals can empower themselves against online manipulation. Practicing caution and following best practices can equip consumers with the confidence and security needed to navigate the digital landscape. Your Online Safety Matters!

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Questions and Answers February 2024

Questions and Answers February 2024

Questions and Answers February 2024

Question 1: Can more than one consumers aggrieved in the same manner? Law? (Chander Prakash Nagar 9414538685)

Answer: Yes Can file complaint together by number of consumers as ‘class action’ or ‘joint complaint’

 Sec 2(v) ‘complainant’ one or more consumers, where there are numerous consumers having the same interest

  1. (1) A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by-

 (c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Commission, on behalf of, or for the benefit of, all consumers so interested;

Sec 18 (1) (a) 

Central Consumer Protection Authority (“Central Authority“) under Section 18 (1) (a) to “protect, promote and enforce the rights of consumers as a class”

Question 2: Adjournments time and again for 6 months inspite of Written Arguments filed by the complainant, What Remedy? (बिहार पटना)

Facts. Noting by court on 26.12.2023 as hereunder:

(बिहार पटना) 

उभय पक्ष उपस्थित .अभिलेख के आकलन से ज्ञात होता है की विपक्षी द्वारा हर बार समय मांग किया जा रहा है जबकि वादी प्रत्येक तिथि पैर उपस्थित रहते है और उनके द्वारा लिखित बेहेस भी दाखिल किया जा चूका है.ऐसी स्थिति में विपक्षी जब तक ६००/-रूपया कास्ट की राशी जमा नहीं करत तब तक उसकी बहस स्वीकार नहीं की जाएगी अगली तिथि 2.2.2024 

नोटिंग  2.2.2024 

अगली तिथि 13.5.2024.

Answer:

Write to Ministry of consumer affairs Govt of India, State Consumer commission and Nation consumer commission with the notings made for adjournments 

Court should have heard complainant’s arguments proceeding OP ex party and reserve the order, cost could be added with the order.

Question 3: Can there be an appeal against order on appeal, another appeal under CP Act? (Sidharaja Mysore ,Karnataka)

Answer: There is no provision of second appeal under the Act   

Section 21(b) in the Consumer Protection Act, 1986

(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

It is pertinent to mention that the same provision exists now in the new Act Consumer protection act 2019 too 

58 (1) (b) in Consumer Protection Act 2019 

“To call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity”.

Case Law: Sunil Kumar Maity V/s State Bank of India and Anr. .civil appeal 432 of 2022 decided on 21th Jan 2022

“It is needless to say that the revisional jurisdiction of the National Commission under Section 21(b) of the said Act is extremely limited. It should be exercised only in case as contemplated within the parameters specified in the said provision, namely when it appears to the National Commission that the State Commission had exercised a jurisdiction not vested in it by law, or had failed to exercise jurisdiction so vested, or had acted in the exercise of its jurisdiction illegally or with material irregularity.

Question 4: According to RERA regulations, the builder bears the responsibility of covering maintenance costs for unsold apartments. Should the society be accountable for the maintenance fees of 35 unsold flats when the entire building, comprising 230 flats, has been handed over to the society? (Mr Patel)

Answer: When the entire building, including the unsold 35 flats, is transferred to the society, these unsold flats now belong to the society as the owner. While the builder may not retain ownership of these flats, it’s plausible that adjustments in accounts have been made, considering the construction and unsold flat costs.

Under these circumstances, occupants are not obligated to pay monthly maintenance charges for the unsold flats. The expenses for common areas, electricity, plumbing, and other communal services are to be covered from the collective funds belonging to the society.

Question 5: The senior citizen is incapable of personally attending the Consumer Commission as the consumer applicant. However, the commission asserts that his presence is mandatory. What can be done in this situation? (Mr Vijay Kapoor)

Answer: The complainant has the authority to designate someone to appear on their behalf. Failure of the complainant to appear may lead to the dismissal of the complaint by default.

Question 6: Enforcement proceedings related to the Jiva club matter are underway. An execution petition has been submitted, but the opposing party (OP) has failed to appear in court. The known address is a rented property, and I lack information about any real estate holdings. However, I do possess details about the bank accounts. Is it possible to seize the funds from the bank account? (S. Dass)

Answer:

Two issues involved –a) Notice not served. 

  • Notice can be sent to available address last known to the court and you.
  • Can send through email also.
  • Substituted service via publication in the local newspaper where the opposing party’s office or branch is situated is a viable option. An application must be filed with the court seeking permission for this alternative method, including details regarding the notice.
  1. b) Attachment of property occurs only after serving notice on the property, and if the opposing party (OP) still fails to appear.
  2. c) Account cannot be attached without taking all steps as it leads to many complications, other business /personal activities of a person get affected 
  3. c) You can get address and other details from the bank, can request court to direct bank to do so.

Question 7: I lodged a complaint with the District Commission regarding a faulty paper cup machine, involving three entities: the dealer Rashmi Enterprises, the manufacturer Aman Impex, and SBI General Insurance for a loan. Only Rashmi Enterprises participated in the proceedings, resulting in an order against them and in my favour. I appealed, contesting the lack of compensation. Both SBI and Rashmi Enterprises challenged the order on their part. The State Commission identified an error in the district order, as Aman Impex was not served, absolving the manufacturer of liability. The State Commission recommended invoking the Product Liability clause for executing the order in the absence of the manufacturer. (Rajnikanth Panigrahi)

Answer: If there is no existing order against the manufacturer, the recourse under the product liability clause, specifically Section 85 and 86, allows you to pursue action against the dealer exclusively.

Question 8: I acquired a piece of land that originally belonged to the government (designated for a school and garden), but the colonizer and the sarpanch illegally sold it to me. They were subsequently incarcerated for this crime. However, I am currently facing challenges in obtaining construction approvals. (Sanchay Deshmukh)

Answer: The property is no longer legally yours as it has been declared government land. You have the option to file a case in a civil court, treating it as a recovery suit, seeking a refund of your money along with compensation for unfair dealing. Alternatively, you can file a complaint before the consumer court or RERA, citing unfair trade practices, and seek a refund along with compensation.

Question 9: A complaint was submitted to the consumer forum against DHFL, but it was dismissed. Subsequently, an appeal was made to the NLCT with a copy sent to the president, yet no action has been taken.

Answer: NCLT is not an appellate court for consumer matters. Therefore, filing an appeal there may not be effective. However, if the case is dismissed due to the opposing party being declared insolvent, you can then act as a financial creditor and submit a claim before NCLT seeking a refund or any other resolution as per the decisions made by NLCT.

Question 10: I reserved a flat in 2017 with a stipulated construction period of 3 years. However, after 6 years, the flat is now ready, but there is a request for an increased cost. (Imran Khan)

Answer: Submit a complaint to the consumer commission and request an interim order for possession at the initially agreed cost until a decision is reached on the merits of the case. File a claim for compensation for the delay in court. Challenge the issue of increased costs by emphasizing that the delay was caused by the builder, and the homebuyer had initially agreed to the cost set during the three-year construction period.

Question 11: I bought a vehicle with the expected delivery date set for December 6, 2023. However, upon delivery, I discovered that the sunroof was not functioning. The assurance was made to rectify the issue by December 11, 2023, but neither the repair nor the replacement of the vehicle has taken place. Additionally, attempts to cancel the registration are being denied.

Answer: You can lodge a complaint with the consumer commission, and depending on the merits of the case, you have various options such as repair, replacement, refund, etc.

Question 12: A newly purchased bike is experiencing starting problems, and despite efforts by the service centre, the defect persists. A case has been filed with the consumer commission, and the service centre is now declining to provide any further service. The upcoming court date is scheduled for February 19, 2024. Is there a way to expedite the repair process or secure an earlier court date? What type of application can be submitted before the court to address this issue? (Sandeep Arora)

Answer:

  • You can file an application stating this problem and ask for an early date. 
  • During the next hearing, you have the option to submit an application for an interim order, seeking permission to have the vehicle repaired until the case is adjudicated on its merits.
  • You can also request the court to obtain expert opinion about the defects in the vehicle and decide the relief on merits.

    Question 13: What should I do now that I am receiving a substantial bill of Rs 25,000 for a four-month period due to a fast meter?

    Answer: Submit an application to the electricity department requesting a meter inspection and be prepared to pay a fee for this service. If the meter is discovered to be fast or defective, the billing will be adjusted based on the previous billing pattern, calculating the average over the last six months.

    Question 14: Bought Yamaha Aero on October 5, 2023. The engine experienced a stoppage after covering 1364 km and required repairs for four days. Subsequently, after traveling 3200 km, the same issue recurred. Is it possible to request a replacement for the vehicle?

    Answer: A replacement is not warranted unless it is declared irreparable or found to have a manufacturing defect. In such instances, one may consider approaching the consumer court, seek an expert opinion, and pursue a decision based on the merits of the case.

    A continuous surge in antimicrobial resistance

    A continuous surge in antimicrobial resistance

    A continuous surge in antimicrobial resistance

    Antimicrobial resistance (AMR) is the 21st-century global public health problem. AMR occurs when microbes, such as bacteria, viruses, fungi and parasites stop responding to antimicrobial medicines. Because of the high rate of antibiotic overuse that leads to alterations in the bacterium itself, bacterial AMR poses the greatest concern. AMR is predicted to cause 10 million deaths annually by 2050, according to The Review on Antimicrobial Resistance, a UK government program [1]. WHO and other organizations acknowledge that a promptly coordinated worldwide strategy is necessary to fight AMR, even though they do not agree with this estimate. For this reason, statistics about the present global burden of bacterial AMR and its regional patterns are needed. Future generations will see the emergence of increasingly deadly infections that are incurable if effective management is not implemented. This article sheds light on global trends and developments pertaining to antimicrobial resistance in bacteria. 

                                                                                                Dr Vikrant Kumar

    All India Institute of Medical Sciences, New Delhi

    Global trends of antimicrobial resistance 

    A research that was published in The Lancet estimates that 4.9 million deaths worldwide in 2019 were related to bacterial AMR [2]. It further states that the worldwide burden of bacterial AMR was caused by three infectious syndromes: bloodstream infections, intra-abdominal infections, and lower respiratory and thoracic infections. Six pathogens (E coli, Staphylococcus aureus, K pneumoniae, S pneumoniae, Acinetobacter baumannii, and Pseudomonas aeruginosa) were responsible for majority of the deaths linked to AMR. 

    Image caption: Mortality rate due to bacterial resistance to antibiotics in 2019. Source: Antimicrobial Resistance Collaborators. Global burden of bacterial antimicrobial resistance in 2019: a systematic analysis [2]

    Antimicrobial resistance in India

    India has one of the highest incidences of AMR worldwide and is an emerging hub for bacterial AMR. AMR’s burden in India is mostly caused by over-the-counter availability of drugs, unrestricted and excessive human use, antibiotic use in poultry and agriculture, public ignorance, and shortcomings in national surveillance and monitoring of AMR. Antimicrobial resistance in India is further exacerbated by inadequate use of diagnostics, overcrowding that increases the risk of cross-infections, over prescription by physicians, and inadequate health infrastructure. The Indian Council of Medical Research (ICMR) annual report on the antimicrobial resistance research and surveillance network (2022) stated that E. coli, which causes meningitis, pneumonia, bacteremia, abdominal and pelvic infections, urinary tract infections, and infections, has become less susceptible to major antibiotics [3].  According to the data, E. Coli resistance to piperacillin-tazobactam climbed from 35% to 56% between 2017 and 2022, while resistance to ceftazidime increased from 18% to 23% and resistance to ciprofloxacin from 12% to 19%. S. aureus has also shown a noticeable upward trend in antibiotic resistance over time against clindamycin and cefoxitin. Similar trends were reported for Klebsiella pneumoniae, a causative agent of pneumonia, bloodstream infections, and meningitis. K. pneumoniae’s sensitivity to imipenem decreased gradually during the previous six years, falling from 59% in 2017 to 42% in 2022. There has been a modest and inconsistent drop in meropenem susceptibility for K. pneumoniae. Nearly, 88% of the Acinetobacter baumannii isolates were resistant to carbapenems and left with limited treatment options. Against A. baumannii, piperacillin/tazobactam, cefepime, ceftazidime, amikacin and levofloxacin showed limited activity. When it comes to hospital-acquired infections, Pseudomonas aeruginosa infections are becoming a major concern, especially in patients who are very sick or have compromised immune systems. P. aeruginosa cause post-surgery infections in the blood, lungs (pneumonia), and/ or other body parts. These bacteria persistently find a new way to evade the effects of the antibiotics and become resistant to the treatment. The growth of drug-resistant bacteria is the main reason for the higher mortality rates. During 2017 to 2022, an increasing resistance was observed in P. aeruginosa against the majority of antibiotics- ceftazidime (41.2% to 43.6%), cefepime (46.1% to 48.1%), imipenem (40.5% to 51.1% ), meropenem (47.9% to 54.1% &), amikacin (51.4% & 60.4%), gentamicin (44.4% to 48.2%), tobramycin (50.1% to 65.8%), ciprofloxacin (35.9% to 38.5%) and levofloxacin (33.3% to 42.6%).

    Image Caption: Trends of antibiotic resistance among major bacterial strains from 2017-2022. Source: Annual report on antimicrobial resistance research and surveillance network (2022), ICMR [3]

    Conclusive Remarks

    The use of antibiotics is a cornerstone of modern medicine. The emergence and spread of bacteria resistant to drugs threatens our ability to treat common illnesses and perform life-saving procedures. Antibiotic resistance is a major global health issue that decreases the efficacy of traditional treatments against common bacterial infections. The abuse and overuse of antibiotics in humans, animals, and plants are the main factors contributing to the formation of drug-resistant diseases. AMR affects all important sects a country leading to social and economic burden. Its primary causes are poverty and inequality, with low- and middle-income countries being most affected. The present AMR crisis highlights the urgent need for improved antimicrobial practices and broader surveillance coverage on a worldwide scale. In addition, awareness programs by local governments can help in reducing the cases of antibiotic abuse.

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