The Significance of IRR in Investment

by admin | Sep 16, 2023 | Guest Column

The Significance of IRR in Investment

Shri Sharad Ranjan and Shri Hariti Tyagi

The Backstory

The relationship manager of a well-established bank reached out to my daughter, who is in the beginning of her twenties, and proposed an investment plan. The investment plan, according to him, is the best investment option available at present in the market. Further, he added an insurance cover that makes this investment secure and lucrative. Describing the plan, he highlighted the investment plan’s key attributes such as guaranteed maturity benefit at the end of the term, yearly guaranteed addition coupled with a guaranteed loyalty addition, and a high premium benefit resulting in a higher basic sum assured. It is important to mention that investment plans of this type are becoming the norm and open to everyone. Emphasizing the word guaranteed repeatedly is especially effective in attracting younger individuals. However, it limits their access to better investment opportunities that could be a more financially sound decision for them to consider.
To support his argument, the relationship manager used an illustration to show that such type of investing is a wise decision. In addition, he orally stated that the proposed investment would yield returns of 8%, which is better than many existing corporate FDs.

They provided the following table and figure to consider this investment.

Table 1: Premium and Benefit Details

End of Policy Year	Premium (₹)	Accrued Guaranteed yearly Additions (₹)	Guaranteed Loyalty Additions	Guaranteed Maturity Benefit	Death Benefit (₹)
1	50000	5000	0	0	605665
2	50000	15000	0	0	615665
3	50000	30000	0	0	630665
4	50000	50000	0	0	650665
5	50000	75000	0	0	675000
6	50000	105000	0	0	705665
7	50000	140000	0	0	740665
8	50000	180000	0	0	780665
9	50000	225000	0	0	825665
10	50000	275000	0	0	875665
11	0	275000	0	0	875665
12	0	275000	0	0	875665
13	0	275000	0	0	875665
14	0	275000	0	0	875665
15	0	275000	100111	875665	875665

Nevertheless, the proposal included an additional table that showed the actual premium to be paid, which included GST and Cess. The proposal has a single, convenient location where one can find the total premium amount, GST, and cess. The reason could be that they want to avoid prospective investors from factoring in the effect of GST and cess on the eventual returns. The final premium will align with the table below.

Table 2: Final Premium Payable Amount Adjusting GST

Premium

First year

Second year onwards

Base Premium (Yearly)

₹ 50,000

GST and Cess

₹ 2,250

₹ 1,125

Total Yearly Premium

(incl. GST and Cess)

₹ 52,250

₹ 51,125

Understanding Investment Gains

The typical focus on Table 1 figures may lead novice investors to be swayed by its substantial absolute figures and associated death benefits, Isn’t? Over time, ULIP and money back insurance policies have established this experience. We endeavor to offer recommendations to investors before they commit to this type of investment.

First, one should avoid focusing solely on absolute figures when evaluating returns. Initially, an absolute number may appear attractive, but eventually it may be inconsequential in terms of its value. The real value of ₹ 8.75 lakh after fifteen years will not hold much significance in this situation. The Rule of 72 may determine the extent to which inflation influences the worth of money over a period. For example, divide 72 by the annual inflation rate. By dividing 72 by the inflation rate of 8 percent, it can be determined that it takes 9 years for the purchasing power of money to decrease by 50 percent.

Second, the Death benefit clause has the potential to be alluring to many. It is unusual that a person in their twenties has financially dependent parents. Even if that is the case, the death benefit amount of this plan is meager to serve any significant purpose. If the purpose is to get compensated in the event of the individual’s demise, it would then be prudent to evaluate a basic term plan instead of the current one. Thus, if something unfortunate were to happen, the financial benefit to the supposed dependents would hold little value. That being said, it is also commonly accepted that the probability of experiencing misfortune in early life is insignificant. We believe that investors who have crossed a certain age threshold will not be eligible for such a scheme.

Third, one should not trust verbal investment returns without verification, and this is the last but not the least important thing to remember. One cannot rule out the possibility of mis-selling of such products. Consequently, it is advantageous to compute the Internal Rate of Return (IRR), an easily calculable metric using a financial calculator. Online calculation is an option if one cannot do it. Conceptually, IRR is that discount rate which equates the present value (PV) of the cash inflows with the PV of the cash outflow. We input the data into Excel and determined that investing in it would only yield a return of 5.66%. With such a low return, the investment will lose even its face value eventually because the retail inflation rate is higher than that. One may alternatively choose to invest in equities, mutual funds, or debt instruments such as PPF and EPF, given the investor is too conservative. The usual investing

rule is to invest in bonds that match one’s age. Young investors, therefore, should seriously consider equity investment over debt investments.

Table 3: Calculating IRR of Proposed Investment

Year 1	Year 2	Year 3	Year 4	Year 5	Year 6	Year 7	Year 8	Year 9	Year 10	Year 11	Year 12	Year 13	Year 14	Year 15	IRR
-52250	-51125	-51125	-51125	-51125	-51125	-51125	-51125	-51125	-51125	0	0	0	0	875665	5.66

Conclusion

About the foregoing discussion, it is advisable to avoid investment recommendations that involve complex products that combine investment and insurance. The investment plan must align with investment options, and a simple term insurance policy should provide insurance coverage. Last but not the least, it is a prerequisite to determine IRR when there are cash inflows and outflows happening over a period, regardless of the size or nature of those flows. We should compare the obtained IRR against our expected returns.

About the Authors

Sharad Ranjan-Professor of Economics, Zakir Husain Delhi College Evening (University of Delhi)

Hariti Tyagi – Analyst, KPMG Global Services

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Supreme Court Rejects Liability order against Railways for Theft on Trains

by admin | Sep 16, 2023 | Legal

Supreme Court Rejects Liability order against Railways for Theft on Trains

In a case before the Supreme Court against Railways, it was held that the theft cannot be considered a deficiency in the Railway’s service. The Court ruled that if a passenger is unable to protect their belongings, the Railways cannot be held responsible. However, it does not necessarily mean that Railways are exempt from responsibility in all theft cases. This ruling sets a precedent, but each future case will be assessed independently based on its specific circumstances and evidence.

Dr Prem Lata, Legal Head VOICE

Case Title: Station Superintendent &Others V/S Surender Bhola, Civil Appel No 7116 of 2017 decided on 15.6.2023.

On 15th June 2023, the Supreme Court found merit in the Railway’s arguments that they were not accountable for the theft of Rs. one lakh belonging to Surender Bhola, the consumer who had filed a complaint before consumer commission. The complainant stated that the cash was in a belt tied around his waist and was stolen while he was travelling on the train. The District Consumer Forum had initially ruled in favour of the complainant, awarding him one lakh rupees, and this decision was upheld by both the State and National Commission.

However, despite the decisions in favour of the complainant at lower levels, no one represented the complainant’s case before the Supreme Court for six years. As a result, the Supreme Court held that Railways cannot be held responsible for the theft.

Law on the point

Each case is unique, with its own set of facts and circumstances, and any court decision is contingent upon these specific details and the relevant laws. Past judgments from the Supreme Court cannot be universally applied as precedents for all cases, as the circumstances in each case may vary significantly. The previous rulings related to the deficiency of service by the Railway have established the following principles so far –

Facts must be established –theft, defective meal, bad condition of toilets or beds etc. or any other services.
Prove negligence on the part of railway.
Quantum and consequences of loss, damage and compensation to be proved with cogent evidence.

In the above case, neither the fact of theft could be established, nor was railway proved negligent in any manner.

Earlier decided cases:

Case title -Union of India and Ors. Vs Sanjiv Dilsukhrai Dave and Anr. on 23 October 2002, (NC)

&

Deputy Chief Commercial Manager, Eastern Railways and Anr. v. Dr. K.K. Sharma and Ors., [200 (III) CPJ page 1 (NC)].

In both the aforementioned cases, Railways cited their respective rules as references or points of contention.

The jurisdiction to handle railway-related issues lies with the Railway Claims Tribunal, which is a State subject, as stated in Article 12 of the Directive Principles of State Policy. Consumer courts do not have authority in such matters.

Section 13 addresses any railway administration’s faults, and when combined with Section 15, it establishes that no other court shall handle cases related to Section 13 as railways have their own compensation system. This primarily pertains to cases involving freight, luggage, animals, and booked luggage.
The passenger is to take care of his own luggage and articles in accordance with Rule 506.2 of Indian Railway Conference Association (IRCA) No. 24, No. 216.
The passenger is supposed to declare before the starting station and get any valuable articles insured by paying the necessary charges for the railway administration taking extra precautions as stated that under Rule 1301(I)(IV) of IPCA No. 24.

Held-

Sections 13 and 15 of the Railway Claims Tribunal Act, 1987 did not take away the jurisdiction of the consumer commissions to decide the question of deficiency of service.
It provides an additional remedy to a consumer. These sections bar civil court but not consumer commissions.
Circular dated 11.9.1998, Govt. of India, Ministry of Railway published some of the important duties.

Duties of TTE for Sleeper Coaches

He shall check the tickets of the passengers in the coach, guide them to their berth/seats and prevent unauthorised persons from the coach. He shall ensure that persons holding platform tickets, who came to see off or receive passengers do not enter the coach.
He shall inspect the passengers’ tickets while the train is in motion and present them as needed.
He shall ensure that the end doors of vestibule trains are kept locked between 22:00 and 6:00 hrs to prevent outsiders entering the coach.
He shall remain vigilant particularly during nighttime and ensure that intruders, beggars, hawkers and unauthorised persons do not enter the coach.

Sumatidevi M. Dhanwatay Respondent: Union of India And Ors.

Date Of Judgment: 06/04/2004(SC)

Factual story: On 4th December 1991, a consumer boarded a 1st Class Air-conditioned berth on the Howrah-Bombay Mail train from Nagpur to Bombay. Her luggage contained valuable items, including gold, pearl, silver, diamond jewellery, and other valuables, amounting to a total value of Rs. 1,11,756. During her journey, she was assaulted by unauthorized passengers, who forcibly took away her gold, silver, pearl, diamond, and other valuable possessions.

Numerous individuals entered the compartment and caused extensive damage, breaking doors, window bars, glass panels, seating berths, and toilets. In response to the incident, the appellant pulled the alarm chain three times, leading to the train stopping at Igatpuri Station. There, she, along with other legitimate passengers, disembarked. She sought assistance and protection from the Railway Authorities but did not receive any help.

After arriving in Bombay, she lodged a complaint with the police concerning the entire incident. Following the complaint, the Maharashtra State Commission partially allowed the appellant’s claim and awarded a total compensation of Rs. 1,41,756. Subsequently, the Railway administration filed an appeal before the National Consumer Disputes Redressal Commission, arguing that they were helpless when an unruly mob entered the railway compartment and caused harm to the passengers and their property.

National commission reversed the order. SC observed-

“Railway administration failed to take precaution and preventive measures. The appellant suffered injury and no protection or support was given to her. The total absence of any steps having taken by the concerned Railway Administration to mobilise adequate police force sufficiently beforehand when the occurrences of such mob-violence by ticketless travellers on stations enroute Nagpur to Bombay were to their prior knowledge”.

The above judgments make two things evident. To hold the Railways liable, both the theft and negligence on their part must be proven.

Eco-Friendly Parenting: Fostering Energy Efficiency Practices

by admin | Sep 16, 2023 | gaw 23

Eco-Friendly Parenting: Fostering Energy Efficiency Practices

Eco-friendly parenting is a conscious and proactive approach to raising children that not only prioritizes their well-being but also promotes energy efficiency practices. In a world where environmental concerns are becoming increasingly urgent, parents play a vital role in instilling sustainable habits in their children from a young age. By incorporating eco-friendly principles into parenting, we can not only reduce our carbon footprint but also teach our kids valuable lessons about environmental stewardship. This article explores various strategies and tips for eco-friendly parenting that focus on promoting energy efficiency practices within the family dynamic. From sustainable choices in everyday routines to fostering a deeper connection with nature, eco-friendly parenting can have a lasting impact on both our children’s future and the planet’s health.

Reduce Energy Consumption: Practice energy-saving habits in your home, such as turning off lights and appliances when not in use. Teach your child the importance of conserving energy.

Recycle and Upcycle: Teach your child about recycling and repurposing items. Encourage them to get creative with upcycling projects, turning old items into new toys or decorations.

Sustainable Toy Choices: Choose toys made from sustainable materials like wood, bamboo, etc.

Toy Rotation -Instead of constantly buy new toys, create toy rotation system. Store some toys away and periodically swap them to keep playtime fresh and exciting.

Teach Environmental Awareness: Educate your child about the importance of protecting the environment. Take nature walks, visit local parks, and discuss topics like recycling and conservation.

Green Transportation: Use eco-friendly transportation methods like walking, biking, or using public transport when possible. This sets a positive example for your child and reduces your carbon footprint.

Composting: If you have a garden, consider composting food scraps and organic waste. Involve your child in the process to teach them about composting and soil health.

Encourage Sustainable Habits: Lead by example by adopting eco-friendly habits in your daily life. Children often learn best through observation and imitation.

Eco-friendly parenting extends beyond its positive impact on the environment; it serves as a cornerstone for instilling a profound sense of responsibility toward the planet in your child’s upbringing. This approach revolves around the deliberate selection of choices that not only prioritize your child’s well-being but also safeguard the Earth’s health. By embracing eco-friendly practices, parents can empower their children to become environmentally conscious individuals who are deeply committed to preserving our planet for future generations.

Empowering Sustainability: Personal Responsibility in an Energy-Conscious World

by admin | Sep 16, 2023 | gaw 23

Empowering Sustainability: Personal Responsibility in an Energy-Conscious World

In a world where energy resources are finite, and the effects of climate change are becoming increasingly apparent, it’s more important than ever for individuals to take responsibility for their energy consumption. Our collective reliance on fossil fuels and inefficient energy practices has not only depleted precious resources but also accelerated the global climate crisis. As a result, there is a growing need for individuals, businesses, and governments to adopt sustainable and energy-efficient practices to mitigate these pressing issues. In this context, promoting energy efficiency in everyday life is a crucial step towards a more sustainable future.

Practical tips for consumers to reduce energy consumption in their daily lives and increase energy efficiency:

Choose Energy-Efficient Appliances: When purchasing new appliances, look for the ENERGY STAR label, which signifies energy efficiency. Also, consider the size and capacity of appliances to avoid wasting energy (Please check link of start labelling by Bureau of energy efficiency https://beeindia.gov.in/en/star-label)

Upgrade to LED Lighting: Replace incandescent bulbs with energy-efficient LED bulbs. LEDs use significantly less energy and last longer.

Unplug Idle Electronics: Many devices and chargers continue to draw power even when not in use. Unplug chargers and turn off electronics when not in use or use smart power strips.

Seal Gaps and Leaks: Inspect your home for drafts around windows and doors. Seal gaps with weather stripping and use caulk to seal leaks, improving insulation.

Use Natural Lighting: Open curtains and blinds during the day to maximize natural light and reduce the need for artificial lighting.

Air Dry Clothes: Whenever possible, air dry your clothes instead of using a clothes dryer. If you do use a dryer, clean the lint filter after every load for better efficiency.

Plant Trees and Shade: Strategically plant trees or install shading devices outside windows to reduce heat gain in the summer, which can lower cooling costs.

Cook Efficiently: Use lids on pots and pans when cooking to reduce cooking times and energy usage. Match the size of your cookware to the burner size.

Wash Clothes in Cold Water: Use cold water for washing clothes whenever possible.

Limit Shower Time: Shorten your shower time and install low-flow showerheads to reduce hot water usage.

Carpool and Use Public Transit: Share rides with others or use public transportation to reduce the number of individual car trips.

Invest in Renewable Energy: Consider installing solar panels or wind turbines if feasible to generate clean energy at home.

Consumer VOICE is actively dedicated to championing energy efficiency practices among consumers. As part of their commitment to fostering a more sustainable and environmentally responsible future, they are actively participating in the Green Action Week 2023 campaign. This campaign serves as a platform for sharing knowledge and building a community of individuals and organizations striving for a greener planet. Consumer VOICE’s involvement underscores their mission to empower consumers with the information and tools they need to make energy-efficient choices and collectively contribute to a more sustainable world.

https://consumer-voice.org/green-action-week/green-action-week-2023/

GAW Link – Green Action Week (GAW 2023) – Consumer Voice Green Action Week 2023 : Promoting sustainable consumption patterns in energy efficiency for a greener future (consumer-voice.org)

Questions and Answers September 2023

by admin | Sep 9, 2023 | Legal

Questions and Answers September 2023

1. Rajesh (Practising advocate) Rajasthan, District Nagour

Vehicle Burnt, total claim rejected for not filing FIR

Please provide Case law for arguments?

Facts: Tractor /Vehicle got burnt at night ,informed Reliance Insurance Co. in the morning Company gave complaint Reference No also 3116082678

Policy No 2601252343006331, Claim forms got signed

Vehicle total loss claim rejected for the reason FIR not done with police or information to fire brigade. Surveyor named as Manish appointed after 18 months but survey never done.

Case at argument stage at DCDRC, Nagour Rajasthan

Please provide Case law for arguments?

Answer:

No FIR required if no crime takes place or public loss in the incident
IRDA Guidelines clear vide Circular dt 20.9.2011 vide their reference no –IRDA/HLTH/MISC/CIR/216/09/2011

“the insured to intimate the company or submit the papers within specific time is for the purpose of investigation, loss assessment etc. but this condition should not prevent genuine claims marely on technical grounds when delay is due to unavoidable circumstances”.

“insurer’s decision to reject the claim shall be based on sound logic and valid grounds, be noted such limitation clause does not work in isolation and is not absolute.”

IRDA (Protection of Policy Holders Interest)Regulations 2002

“Surveyor is supposed o sumit his reportwithin maximum of 6 months anf insurance company is supposed to take decision on claim within 30 days of receipt of surveyor report’

Case Law: the Sikka Papers Limited V National Insurance Company Ltd.111 (2009) CPJ 90 SC

Surveyor report is a very important document

“In the matters concerning insurance whether it is a matter related to vehicle insurance, an accidental case or general insurance of house, factory or even insurance of goods on the way through carrier. Surveyor report is a very important document and ordinarily it cannot be challenged. Surveyor is an authorised agent of insurance companies who conducts survey of the spot, investigate the incident, evaluates loss and communicate to insurance company about the loss payable to the insured as per rules with its report’’

2. Nalin Kumar (Ph 8076462008) ku.nalin@rediffmail.com

Bharti Exa Life Insurance Co.

Question: What will happen to my execution petition heard on 28.9.23 and notice to party for compliance?

Facts: Order in favour on 20.4.23 from Gurgaon DCDRC

Execution Application heard on 28.9.20 and notice for compliance

Now one order from State Commission Panchkula to OP to file application for condonation of delay of 36 days .Implementation of order stayed

Answer: Your execution order has been stayed because appeal has been filed but yet not admitted

You need to contest their delay issue and if delay condoned, contest the case on merits .Execution petition will not be taken up now.

3. Mohammad Nadeem Mondol -Twitter Id Farya l0786

Question: Samsung phone purchased from flipcart

Not functioning, service rejected saying purchase done on 5.9.1015

How can get relief

Answer:

Confirm your purchase date ,if in 2015 you are not entitled to free service or repair or refund if warrantee period of one year expired and no further AMC done
If you purchased within one year and make /model is of 2015,you have a case to plead you are given old model/phone .Receipt/purchase document is a must in your case.

4. Dushyant Goutam

Question: Return Rejected, (Product not mentioned) Unhappy with support system

Facts :flipcart order OD42880334085351910

Credit issued by IDFC bank without consent and forced to accept product

EMI to be paid for CIBIL score

Answer: If loan from bank, it’s your responsibility. You might have signed terms, no one forces to accept product if payment not made .Bank pays on your instruction only your grievance with product is different from Bank dealing

Can check with flip cart for reason of return rejection, no cause given, no date of purchase. Hence cannot suggest, just follow the system provided for online purchase.

5. Sandeep, Kaithal Haryana

Question: Electricity bill ,Excesses billing issue

Facts : Bill paid regularly for five years .This time bill Rs 51200/-

Department says –Your bill was coming very less, now billed you on average basis.

Your meter is faulty, five years bill raised

Status on bill always shown –F never informed about fault when meter reading taken.

Answer: Ask for inspection report which says meter faulty

Ask for meter reading of all five years. If they don’t have meter reading, they cannot calculate for average billing also depending upon last six months bill before meter goes faulty

As per section 56 of Electricity Act 2003, Department cannot raise bill for more than two years

6. Guddu Kumar on behalf of mother Rohtas Sasaram Bihar

Consumer Case No CC-44/2023 Ph 7776057735

My case before Commission, Date given as per the OP advocate, is it fair or a practice to see convenience of OP advocate

7. Anil Ramchanra Panat, Pune

Question: Is it appropriate to include the Branch Manager and MD of Unity Small Finance Bank Ltd as individual parties in the dispute before the Consumer Commission?

Answer: For suits, claims, or complaints initiated by corporations, authorities, or units, they must be submitted under the name of an authorized individual. If an order is issued for compliance, a designated individual should be held accountable to represent the case and handle its submission or contestation.

Relevant Case Law- H.K. Singla vs. Avtar Singh Saini & Ors. Decided On 14th December 2018

Supreme Court as the case H.K. Singla Vs. Avtar Singh Saini & Ors. [Civil Appeal No. 11969 of 2018 Decided On 14th December 2018.

The district court’s ruling established the responsibility of the secretary of the Chandigarh State Bank of Patiala Employees Co-operative USE Thrift & Credit Society to reimburse the complainant’s deposited sum along with interest. However, the secretary was not held personally accountable in the ruling. As a result, he could not be subjected to imprisonment under section 27 of the law because he was not named as an individual party or held personally liable on behalf of the society.

8. Ramprakash Tiwari, Jabalpur

Complaint of Medical Negligence Against a Nursing Home

Question: Can a Nursing Home deny the patient access to their medical information?

Answer: Mandatory and bound to provide all information related medical treatment, status and other related issues.

Case Law Jothi against State, Department of Health and Family Welfare & others

While deciding the allegation of not providing information to patient, Court held:

“When a patient enters a government hospital, he or she is examined first. The symptoms are recorded. The condition is noted. Scan or X-ray is taken. A diagnosis is made. Treatment is prescribed. Medicines (if available!!) are given. Every stage will have to be contemporaneously and accurately recorded. In the case of inpatients, discharge summary should contain all the relevant particulars. We have moved into the digital age. It should therefore not be difficult to store all the information in the digital mode. A patient is entitled to be furnished all the relevant records pertaining to his or her treatment. This right can be effectuated only if the information is stored digitally. Proper maintenance of record is an integral part of the medical services.

9. Sachin Kumar Singh, Siliguri

Question: Can I file case against school?

The negligence of Sri Sri Academy, the school attended by my son Krishna Singh, resulted in him getting injured while participating in a dance activity at Shankar Vidya Mandir Foundation. In response to the situation, a teacher called upon a watchman who physically dragged my son to a restroom on the third floor.

I received a call notifying me of the incident a significant two hours after it happened. It took an additional three hours to arrange for transportation to a nursing home. Initially, the school owner had assured me that he would provide video footage of the dance and the incident. However, he later retracted this assurance, explaining that the IT department staff was on a week-long leave.

Consequently, I had to take my son to Max Super Speciality Hospital in Delhi, where he remains in the intensive care unit receiving treatment. He is currently battling a traumatic condition known as Transverse Myelitis with Guillain-Barré Syndrome (GBS).

Answer: You have the option to file a case regarding the school’s failure to provide proper services. The delay in providing information exacerbated the damage that could have been minimized had it been addressed promptly. It is distressing that your child was not given proper care and was instead left to fend for themselves by being sent to a restroom.

The strength of your case hinges on whether the diagnosed condition was pre-existing and known to you or not. The Supreme Court has ruled in several instances that schools fall under the purview of the Consumer Protection Act. In a landmark case, a three-judge bench in Osmania Islamic Academy v. State of Karnataka, delivered a comprehensive judgment on August 14, 2003. The court held that students are considered consumers, acknowledging that education is a service. The judgment thoroughly examines all aspects covered by educational institutions in delivering education to students.

Bhupesh Khurana v Buddha Dental College & hospital Judgment dated on 13 February 2009 Civil Appeal No.1135 of 2001

SC again in Civil Appeal No 3504 of 2020 (Manu Solanki and Others vs Vinayaka Mission University), the issue as to whether education is a service within the Consumer Protection Act, is pending before the Supreme Court.

“Since there are divergent views of this Court bearing on the subject as to whether an educational institution or University would be subject to the provisions of the Consumer Protection Act 1986, the appeal would require admission. Admit,”

10. Ghasiram Bag Noupada, Odisha

Question: Is it possible for me to approach the Consumer Forum to file a complaint against both a government hospital and a private hospital? The patient was initially treated at the government hospital, where negligence occurred, and subsequently, they were transferred to a private hospital in a critical condition. Unfortunately, despite receiving treatment at the private hospital, the patient passed away.

Answer: You are considered a consumer according to the Consumer Protection Act if you have made payments for the services you’ve availed. Although government hospitals typically offer free services, if they have private rooms or charge specific individuals while not imposing charges on you, you fall within the realm of being a consumer.

V.Shantha V/S Indian medical association 1995 SC set the criteria –

When Govt hospital run with the funds of govt and doctors are employees, you are not a consumer.
When Govt. hospital is run by Govt but some private arrangement is separately done and services are given by charging fee, you are a consumer even when you have not paid any thing.

Case Law Dr Hema, Dr Sulekha Dr Sethunath v/s S.Jayan & Others .11(2016) CPJ 306 NC National Commission has held that complainant do not fall within purview of consumer under the Consumer Protection Act.

11. Shubhit 9311234306

Question; Want to file case against Builder .Agreement done at Lucknow, I am residing in Delhi .Jurisdiction of which Consumer Commission?

Answer: New Act has made the provision that complaint can be filed at the place where consumer has work place or residence. No matter where OP has workplace, offices or residence

(1) Subject to the other provisions of this Act, the District Commission shall have

Jurisdiction to entertain complaints where the value of the goods or services paid as

Consideration does not exceed one crore rupees:

Provided that where the Central Government deems it necessary so to do, it may

prescribe such other value, as it deems fit.

(2) A complaint shall be instituted in a District Commission within the local limits of

whose jurisdiction,—

(a) the opposite party or each of the opposite parties, where there are more than

one, at the time of the institution of the complaint, ordinarily resides or carries on

business or has a branch office or personally works for gain; or

(b) any of the opposite parties, where there are more than one, at the time of the

institution of the complaint, actually and voluntarily resides, or carries on business or

has a branch office, or personally works for gain, provided that in such case the

permission of the District Commission is given; or

(d) the complainant resides or personally works for gain.

12. Mukleshwar Garnayakfrom Odisha

Question: Date of Birth Issue

Date of Birth on Adhar card and 10th certificate are the same but actual date of birth is not this, do not have birth certificate also .How will it affect with New Birth rules.

Answer: New Birth and Death (Amendment) Act is applicable from 1st 0ctober 2023.

Henceforth from 1st October, birth certificate shall be required for admission in schools, issuance of driving licence, preparation of voter list Adhhar number registration of marriage appointment to the Govt jobs.

But those who already have school certificate or adhar cards or licence etc, those will stand valid.

Use of birth certificate: The Bill requires the use of birth and death certificates to prove the date and place of birth for persons born on or after this Bill comes into effect. The information will be used for purposes including: (i) admission to an educational institution, (ii) preparation of voter lists, (iii) appointment to a government post, and (iv) any other purpose determined by the central government.

Ref Section 13of the Act

“(3) Notwithstanding anything contained in any other law for the time being in force, the certificate referred to in sub-section (2) or section 12, shall be used to prove the date and place of birth of a person who is born on or after the date of commencement of the Registration of Births and Deaths (Amendment) Act, 2023, for the purposes of—

(a) admission to an educational institution;

(b) issuance of a driving licence;

(d) registration of a marriage;

(e) appointment to a post in the Central Government or State Government or a local body or public sector undertaking or in any statutory or autonomous body under the Central Government or State Government;

(f) issuance of a passport;

(g) issuance of an Aadhaar number;

13. Priyanka from Bangluru (Name Annonimus)

Question: Promised to give admission as irregular student in Bhuwan College Bengaluru Rajiv Gandhi Institute. Session 2022-2023. Admission not given, exams not allowed in spite of payments throughout the academic session (2022-2023) in instalments for every term. Total paid Rs 1,79000/-She has come from chhatisgad to Bengaluru for job, cannot do regular course. First Rs 30000/- given to college but thereafter to the account employee of college gave with a promise to get admission

Answer: Appears case of misleading and abstracting money .May be could not or was not possible to get admission as irregular student.

Can File FIR for cheating
Write to institute the events took place and can get 30,000/- paid without admission
File consumer case making college /institute party stating their employee mislead amounts to deficiency in services

14. Sachin Goutam @sachingoutamseo

Govt advocate appointed, case for mobile to be filed nothing done for last two months .What to do?

Answer: Contact Legal Services Authority where you applied for and got Govt. advocate, complain for the same

15. @Sanatgarnayak4386

Question: Student of BSc 2nd year Have no birth certificate but on records it is 2003 which is correct .As per new rules, for everything birth certificate required

Answer: as above reply to question 2

16. @struggleworld4132

Question: Two shops in my house, electricity bill comes on one meter only Department disconnected supply and imposed Rs 34000/- bill

Answer: you are using domestic meter for commercial use .This is unauthorised use of electricity as per section 126/135 of Electricity Act 2003. Hence penal billing done.

Get separate meter for shops, request department to give some rebate if you promise to follow the system.

17. Venkateshan from Karnataka

Question: OP not complying the order .If party goes to jail after NBW, how will I get relief

Answer: Sending jail and fining for non-compliance of order will not dilute your right .OP will still have to pay your dues as ordered, it cannot be changed even if OP finishes his jail period.

18. Guddu Kumar (Rohtas)Sasaram

Question: excess bill received after 20 months .took meter for checking to department ,got acknowledgment of meter given.Before court not appearing for two dates ,no WS given45 days are over. Can court refuse to take WS on next date? They say meter not received by them I have proof

Notice to party-15.7.2023

Hearings -3.7.2023, 11.8.20231.9.2023, 12.9.2023

Answer: Yes, you give in writing to commission to close the defence of OP, and go ahead with your case and order on merits.

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