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.