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The above-referred findings of the MCI on the conduct of Respondent 1 leave no doubt in our mind that this is certainly a case of medical negligence leading to deficiency in his services... We are of the opinion that the NCDRC has committed an error in reversing the findings of the SCDRC and not adverting to the evidence on record including the report of the MCI. The decision of the NCDRC deserves to be set aside and we hold that the complainants have made out a case of medical negligence against Respondents 1 and 2 and are entitled to seek compensation on the ground of deficiency of service....

Duties of "TTE for Sleeper Coaches a) 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 in particular ensure that persons holding platform tickets, who came to see off or receive passengers do not enter the coach. b) He shall check the tickets of the passengers in the coach, when the train is on the move and open them up for passengers as and when required. c) 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. d) He shall remain vigilant particularly during night time and ensure that intruders, beggars, hawkers and unauthorised persons do not enter the coach"....

“It is the doctors who decide what treatment is required to be given. Once the insured has paid the agreed amount of premium, insurance company is bound to meet the expenses “held in Shamim Khan V New India insurance company, Maharashtra State Consumer Dispute Redressed Commission, 2000. [Facts of the case; - Shamim Khan, the plaintiff who was working as a school teacher in Saudi Arabia suffered unbearable stomach pain when he visited India in July 2000, which led to severe bleeding. Khan was admitted to Bombay hospital where emergency surgery was conducted. Claim for total expenditure of Rs 41,158 was rejected on the plea that there was no emergency to undergo operation. Doctor’s certificate was then produced to prove the emergency in the case....

Issue in the case The issue of the case is whether an intermediary as defined under Section 2(1) (w) of the IT Act, 2000 would be liable for any action or inaction by a party or a vendor/seller making use of the facilities provided by the intermediary in terms of buyers/sellers terms of use of the company. The division bench of Suneet Kumar and Syed Waiz Mian, JJ. while quashing the FIR, has observed that an intermediary is not liable for any third-party information, data or communication link made available or posted by it, as long as it complies with Sections 79(2) or 79(3) of the Information and Technology Act, 2000 (‘IT Act’), Flipkart is an intermediary providing merely access to sellers/buyers and has exercised ‘due diligence’ under Section 79(2) (c) IT Act, 2000, thus, it is exempted from any liability under the IT Act...

It’s the most painful thing for a consumer who wins the case after putting all efforts, energy and time and it becomes null and void due to an error in understanding the real person who is to be punished. It happened with a complainant in the matter of H.K. Singla vs. Avtar Singh Saini & Ors.Decided On 14th December 2018 who had filed a complaint against secretary Chandigarh State Bank of Patiala Employees Co-operative USE Thrift & Credit Society, claiming maturity amount along with interest on his deposit with the Society...

On the second point of eligibility of association to file complaint Court noted ‘that the issue of registration and byelaws of the association had no relevance in the proceedings before the Commission in light of the fact that individual affidavits were filed, the complaint would fall under Section 12(1)(a) (Manner in which complaint shall be made by a consumer) of the 1986 Act and that there was no need to go into the issue of whether the case would come under Section 12(1)(b) of the 1986 Act (Manner in which complaint shall be made by a consumer association “The 2019 Act facilitates the consumers to approach the forums by providing a very flexible procedure. It is meant to encourage consumerism in the country. Any technical approach in construing the provisions against the consumer would go against the very objective behind the enactment.” the Court observed...

Referred case Imperia Structures Ltd. Vs. Anil Patni and Another held that Section 18 confers an unqualified right upon an allottee to get refund of the amount deposited with the promoter and interest at the prescribed rate, if the promoter fails to complete or is unable to give possession of an apartment as per the date specified in the home buyer’s agreement...

Art 16(6)’guarantee that medical fitness certificate given to the expatriates should be authenticated and validated ‘ Article 16(11) All issued certificates will be stamped with the seal of the centre after a medical examination has been carried out...

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The Delhi High Court has held that attachment of bank accounts is a draconian step and the action can only be taken in case conditions specified in Section 83 of the GST Act, are fully satisfied....

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