Sunday Live Questions 20.8.2023
1.
Anil Ramchanra Panat from Pune
Question: Whether he is right in making Branch Manager and MD of Unity Small Finance Bank Ltd a party to the dispute before the Consumer Commission in their individual capacity
Answer: In cases of suits/claims/complaints filed by the corporate, authorities or units, they are to be filed through name and person authorized by the authority.The order if passed for compliance ,some live person is to be made responsible through whom case is filed or contested.
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
a) District court in its order fixed the liability of secretary, Chandigarh State Bank of Patiala Employees Co-operative USE Thrift & Credit Society, to repay the deposited amount with interest to the complainant but did not make secretary liable in his individual capacity. Hence he could not be imprisoned under section 27 of the act in the absence of he made party by name or on behalf of society fixing personal liability.
2.
Ramprakash Tiwari Jabalpur
Complaint of Medical Negligence Against A Nursing Home
Question :Whether Nursing Home can refuse medical information of patient to him
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 medicalservices
3.
Sachin Kumar Singh Siliguri
Question
Can I file case against school ?
Negligence by School (Sri Sri Academy )Son Krishna Singh got injured during dance running under Ravi Shankar Vidya Mandir Foundation.Teacher called watchman and watchman took him to third floor rest room dragging him physically.I got call 2 hrs later from incident and took more 3 hrs for arranging vehicle for Nursing home. Owner of the school earlier said he will share me video of dancing and incident ,laterrefused stating staff of IT department went on leave for 7 days I brought my son to Max superspeciality hospital Delhi ,he is still in ICU under treatment
Son suffering from Traumatic Condition Trasverse Myelities with GBS
Answer :
You can file case of deficiency in services against school for delaying information which caused more damage than it could be if brought immediately. Painful thing that he was not attended with care and left to mercy of god by sending to rest room.
Merit of the case depends on the fact whether diagnosed disease was pre-existing,known or not to you
SC in number of cases held school providing services under Consumer Protection Act Student is a consumer as per Supreme court three judges Bench in the case of Osmania Islamic Academy v / s State of Karnataka, pronounced a detailed order on 14.8.2003 held that education is a service by discussing every aspect covered by the educational institute in providing education to the 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,”
4.
Ghasiram Bag Noupada ,Odisha
Question :
Can I go to Consumer forum against Govt Hospital alongwith private hospital ?
Due to negligence by Govt Hospital and then brought to private hospital in critical condition,during treatment patient died.
Answer;
You are a consumer under consumer protection act if paid money for the services hired. Government hospitals are generally give free services but in case they are having some private rooms or charging from some but have not charged from you ,you become 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 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 Consumer Protection Act.