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MARCH OF

CONSUMER LAW AND PRACTICE

Chair on Consumer Law and Practice

National Law School of India University,

Bangalore, Karnataka

Ministry of Consumer Affairs,

Food & Public Distribution,

Department of Consumer Affairs,

Government of India, New Delhi

Research Inputs & Editorial Assistant

Mr. Adarsh P. SaxenaResearch Inputs & Editorial Assistant

Mr. Adarsh P. Saxena

Administrative Assistant

Ms. B.E. Pushpa KadamAdministrative Assistant

Ms. B.E. Pushpa Kadam

ISSN 0975-9700

Government of India

CHIEF EDITOR

DR. ASHOK R. PATIL CHIEF EDITOR

DR. ASHOK R. PATIL

(Bi-Annual)

(Vol.II Issue I)

January-June 2010

NEWSLETTER

Editorial

Activities of CLP Chair

Updates on Consumer Law Cases

CLP Chair Publication

Article Alert!

Web Alert!

Consumer Alert!

Contents ……

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CHAIR ON CONSUMER LAW AND PRACTICE, NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BANGALORE

Sponsored by Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs, Government of India, New Delhi2

We are placing the Issue I of Volume II of the March of the Consumer Law and Practice published by the Chair on Consumer Law and Practice, which has been established by the Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs, Government of India, New Delhi.

The main object of Consumer Protection Act, 1986 (COPRA), Consumer Protection Rules, 1987, Consumer Protection Regulations, 2005 are to promote basic rights to consumers and if any exploitation on consumers, then redress through a Consumer Dispute Redress Forum with the aim to provide the consumers, a simple and expeditious solution to consumer problems. The remedy under COPRA shall be in addition to and not in derogation of the provisions of any other law, for the time being in force. The remedies available to a consumer under this Act constitute an additional dispensation. Because of Consumer Forum merits like simple, quick, inexpensive, summary proceedings, a layman can approach consumer forum for reddressal without any fear.

In a recent landmark judgment an engineering student along with his father fought personally before Andra Pradesh Consumer Dispute Redressal Commission and before Hon'ble Supreme Court against the Nizam Institute of Medical Sciences (NIMS) for medical negligence and got compensation of Rs. One Crore plus interest at 6%. As the complainant was (and is) a severely handicapped person and confined to a wheel- chair during the argument.

In Nizam Institute of Medical Sciences v. Prasanth S.

Dhananka and Others, (2009 INDLAW SC 1047)

case, Mr. Prasant S. Dhananka (complainant), a

student of Engineering, complaining of recurring

fever was examined by the Nizam Institute of

Medical Sciences (NIMS). According to the

directions of the doctors the complainant was

admitted to the hospital on 19th October, 1990 and

the operation was performed on 23rd October, 1990

and the tumour was excised. Immediately after the

surgery, the complainant developed acute

paraplegia with a complete loss of control over the

lower limbs, and some other related complications.

Then the complainant filed a complaint against NIMS

before Andra Pradesh Consumer Dispute Redressal

Commission (Commission). The Commission

allowed the complaint. Then NIMS filed appeal

before the Supreme Court against the decision of the

State Commission, which was dismissed with cost.

In this case Hon'ble Supreme Court ( Bench: B. N.

Agarwal, H. S. Bedi & G. S. Singhvi) awarded of Rs.

One Crore plus interest at 6%. And also Supreme

Court observed at the end of the judgment that,

“Before we end, a word of appreciation for the

complainant who, assisted by his father, had argued

his matter. We must record that though a sense of

deep injury was discernible throughout his

protracted submissions made while confined to a

wheel-chair, he remained unruffled and with

behaved quiet dignity, pleaded his case bereft of any

rancour or invective for those who, in his perception,

had harmed him.” This judgment is the example for

the simple proceedings before Consumer Forum.

We sincerely feel that the MARCH OF THE

CONSUMER LAW AND PRACTICE will be useful and

worth preserving. We will make every effort to cater

to the needs of all interested in Consumer Protection

and highlight the significant developments in the

field of Consumer Rights. Looking forward to

positive suggestions, constructive criticism and

deserving appreciation, we are placing the

Newsletter.

Dr. ASHOK R. PATILAssociate Professor,

Editor, “MARCH OF CONSUMER LAW

AND PRACTICE”

Chair on 'Consumer Law & Practice'

E D I TO R I A LE D I TO R I A L

ACTIVITIES OF THE CLP-CHAIR -

1st January to 30th June 2010


Sponsored by Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs, Government of India, New Delhi 3

1) Two-day workshop for Voluntary Consumer Organizat ions 'Using People's Right to Information to Promote

thAccountability in Governance' on 9 and th10 Jan 2010, which was jointly

organized by CLP Chair, CHRI and CREAT at NLSIU.

2) One-day workshop on ENVIRONMENT PROTECTION: CITIZENS' LEGAL RIGHTS & REMEDIES for Voluntary Consumer Organizations on 13th March 2010 at NLSIU.

The Chair on Consumer Law & Practice, CEERA, Karnataka State Pollution Control Board and CREAT were jointly organized one day workshop at NLSIU on 13th March 2009 in the eve of International Consumer Day. This workshop was organized for 45 members of Voluntary Consumer Associations who are working at the grass root level. In this workshop we released the 'March of Consumer Law and Practice' Newsletter from Swami Narayanand Saraswati. The workshop was very successful.

stCLP Chair 1 News Bulletin Released by Shri. Swami Narayanand Saraswati

3) Book Releasing Ceremony

Dr.Ashok R. Patil, Chair Professor's Book on “Price Fixation and Consumerism” has been published from Karnataka Institute for Law and Parliamentary Reforms, Government of Karnataka, which was released by the Hon'ble Justice Shri.A.J. Sadashiva on 9th February 2010, at Bangalore.

4) The Chair on Consumer Law and Practice

came across the Press Release dated

15.04.2010, issued by the Committee on

Subordinate Legislation asking for

suggestions and comments on the

Consumer Protection Regulations, 2005.

After a detailed perusal of the 2005

Regulations and other related laws, the

Chair on Consumer Law and Practice

has been made many suggestions

related to fine, charges, contradiction

between regulations and sections..etc.

for the improvement of the efficacy of the

said regulations on 15-05-2010.


5) Live Radio Programme:

Chair Professor Dr.Ashok R Patil has

participated in the live Gyan Vani Radio

Programme on 7th June 2010 from 5.05

pm to 6.05 pm, at Bangalore. The

programme mainly covers the aspects of

the Drugs and Cosmetics Laws and

Weights & Measures Laws.

CASES ON CONSUMER LAW UPDATE 2010

I. AIRLINES

The provision of facilities in connection with transport is a 'service' under the COPRA. Thus, airlines provide a service to their passengers.

A. OVER-BOOKING OF FLIGHTS

One of the common problems faced by passengers is inability to travel on a pre-arranged date due to over-booking of that flight by the airline. Passengers can now approach the consumer for a in cases where they are made to suffer because of over-booking. In Royal Jordanian Airlines v. Nanak Singh [MANU/CF/0045/2010], the N a t i o n a l C o m m i s s i o n a w a r d e d compensation to a passenger who was deported from Greece because the airline had over-booked his initial flight and his entry permit into Greece had expired before they could send him on another fl ight. Any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which has been undertaken to be performed by a person in pursuance of a contract or otherwise amounts to 'deficiency' in service under the COPRA. The airline ticket is a contract under

•

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•

•

•

“ C o n s u m e r s ' P r o t e c t i o n f r o m Secondhand Smoking” paper presented

that 12 International Conference on Consumer Law-2009, jointly organized by NALSAR University and International

thAssociation on Consumer Law, on 25 February 2009.

“Right to Safe & Standard Food: Internationally Recognised Consumer Right as a Human Right" paper presented at the International Conference on 'Consumer Protection and Globalization',

thon 28 Jan 2010, at Kalasalingam University, which was jointly organized by IIPA, New Delhi and Kalasalingam University, Krishnankoil, T.N.

“Educational Institutions and Consumer Protection” paper presented at the National Conference on Consumer Law organized by Nijallingappa College, Bangalore, on 15th February 2009.

“Consumer Issues in Life Insurance” paper presented at the National Seminar

thon 29 July 2009. This was jointly organized by Insurance Regulatory Development Authority of India and Consumer Association of India at Chennai.

“Student is a Consumer! Educational Service is a Service! Under the Consumer Protection Act, 1986” paper presented at the National Seminar on “Consumer Protection in India- Lessons Learnt and

Papers presented during International andNational Conferences by Dr. Ashok R. Patil

Chair Professor

thFuture Challenges” on 19 November 2009. This was organized by the Centre for Consumer Studies, Indian Institute Public Administration, New Delhi.

“Law as tool for the Consumer Protection” paper presented at the Seminar on “Consumer Protection and Consumer Awareness” organized by Karnataka

ndRegion of IIPA on 2 Dec 2009 at Bangalore.

Paper presented on “Consumer Protection: Implications For Good Governance” at the National Seminar on 'Good Governance: Its Dimensions and Challenges' at Kempegouda Law College, Bangalore on 26th March 2010.

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II. BANKING AND FINANCE


which the airline undertakes to transport the passenger from one place to another on a specified date. The inability of the airline to do so clearly amounts to some fault, imperfection, shortcoming or inadequacy on its part. Hence, the above decision appears to be correct.

B . A D VA N C E M E N T O F F L I G H T

D E PA R T U R E S W I T H O U T P R I O R

INTIMATION

Another common problem faced by airline

passengers is the advancement of the

departure of flights without prior intimation to

passengers. Passengers can now approach

the consumer fora in cases where they suffer

because of advancing of departure times

without prior intimation. In Pawan Hans

H e l i c o p t e r L t d . v . P. D . S o n a

[MANU/CF/0013/2010], the National

Commission awarded compensation to a

passenger who missed a connecting flight

and lost employment opportunity as a

consequence of a flight having been

advanced without prior intimation to him.

As mentioned earlier, any fault, imperfection,

shortcoming or inadequacy in the quality,

nature and manner of performance which

has been undertaken to be performed by a

person in pursuance of a contract or

otherwise amounts to 'deficiency' in service

under the COPRA. Airline tickets clearly

specify that passengers will forfeit their

tickets if they do not check in a reasonable

time before the departure time. This places a

duty on the airline to inform passengers well

in advance in cases where the departure of a

flight is advanced. If they do not observe this

duty, they cannot forfeit the tickets of

passengers who come to check in a

reasonable time before the originally

stipulated departure time. Hence, the above

decision appears to be based on sound legal

principles.

The provision of facilities in connection with

banking and/or finance is a 'service' under

the COPRA. Thus, banks and other financial

institutions provide a service to their

customers.

A. DEFAULT IN PAYMENT UNDER HIRE-

PURCHASE AGREEMENT

One of the ways in which a bank provides f inancing is through hire-purchase agreements. These agreements are entered into as an alternative to loan agreements. When a customer wants to buy a product but cannot afford to pay the entire price immediately, the bank buys the product and allows the customer to use it pursuant to a hire-purchase agreement. The customer undertakes to pay instalments to the bank till the price of the product is recovered by the bank. In case of default in paying instalments, the bank is entitled to recover possession of the product and sell it. The customer cannot approach consumer fora for relief in such cases. In Parameshwari v. V . S . T . S e r v i c e S t a t i o n [MANU/CF/0015/2010], the National Commission has held that the bank was justified in selling a vehicle that had been taken on hire-purchase basis once the other party had defaulted in payment under the agreement.

Any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which has been undertaken to be performed by a person in pursuance of a contract or otherwise amounts to 'deficiency' in service under the COPRA. The hire-purchase agreement is undoubtedly a contract between the customer and the bank. However, the conduct of the bank in recovering possession and selling the vehicle cannot be said to amount to any fault, imperfection,



shortcoming or inadequacy. This is because the conduct of the bank was in accordance with the terms of the hire-purchase agreement. Hence, the above decision appears to be correct.

B. BANKER'S RIGHT OF LIEN

Banks have a right of lien over any amount deposited with them by their customers. However, apart from providing banking services to their customers, banks sometimes act as agents for remitting sums from their customers to others and vice versa. Yet, in V.S.S. Bank Ltd. v. S a n n a d y a m a n a g o u d a [MANU/CF/0011/2010], the National Commission allowed a bank to exercise its right of lien over the compensation remitted through the bank to its debtors by the government under crop insurance scheme on the basis that the premium for the said insurance had been remitted to the g o v e r n m e n t t h r o u g h t h a t b a n k . There is no doubt that the bank can exercise its right of lien over any amount entrusted to it in connection with banking services. The only question is whether the remittance of the compensation paid by the government to the bank's debtors is part of banking service. It is submitted that the facility of remitting the compensation to its debtors is a facility that is provided in connection with banking service. This is because failure of the bank to remit the sums to the designated persons would undoubtedly amount to deficiency in service. Thus, the conclusion arrived at in the above decision is correct. However, it is submitted that the conclusion should be the same irrespective of whether the premium for the said insurance was remitted to the government through the bank. Hence, the above decision appears not to have been based on sound reasoning.

C. INTIMATION OF ACCOUNT MATURITY

Banks maintain the accounts of all those

participating in Public Provident Fund Scheme. Under this scheme, participants are required to deposit a specified sum into an account at regular intervals. The government also deposits an equal amount into the same account. At the end of the scheme, the account matures and is returned to the participant. One of the issues that came up for determination by the National Commission recently is whether the bank has a duty to inform participants in Public Provident Fund Scheme of the maturity of their accounts. In N.D. Goyal v. Bank of India [MANU/CF/0041/2010], the National Commission dismissed a complaint alleging deficiency in service by the bank for not having informed a participant under the Public Provident Fund Scheme that his account had matured. It held that it was the responsibility of account-holders to keep track of when their account was to mature.

It is submitted that the Public Provident Fund Scheme is a contract between the government, the bank and the participant. The obligations of the bank would be restricted to keeping the money deposited by the government as well as the participant in its custody till the time of maturity. Even if there was a duty to inform participants, this duty would be placed upon the government and not on the bank. Hence, the above decision appears to be correct.

D. DISBURSEMENT OF LOANS

One of the problems faced by those taking loans from banks is delayed disbursement of funds after sanctioning of the loan. Usually, the loan agreement signed upon sanctioning of the loan specifies the dates on which various amounts will be disbursed to the borrower and the conditions that must be complied with in order to receive the disbursements. In Jagmohan Lal Mohan v. I C I C I H o m e F i n a n c e C o . L t d . [MANU/CF/0028/2010], the National


III. 'COMMERCIAL PURPOSE' UNDER THE COPRA


Commission awarded compensation to a customer whose loan had been sanctioned by the bank but subsequently not disbursed despite the customer having complied with all the conditions specified in the loan agreement. On the other hand, in Shibu Poddar v. United Bank of India [MANU/CF/0008/2010], the West Bengal State Commission held that stopping of further disbursements by the bank under a loan agreement on the ground that the sums already disbursed were not being used for the stipulated purpose of the loan does not amount to deficiency in services.

The loan agreement constitutes a contract between the customer and the bank. Failure of the bank to disburse funds in accordance with the loan agreement is undoubtedly a fault, shortcoming, imperfection or inadequacy in the services provided by the bank to the customer. However, this is not so if the bank is justified in doing so due to the breach of some condition in the loan agreement by the customer. Hence, the two decisions discussed above are based on sound legal principles.

The expression 'consumer' under the COPRA does not include persons who purchase goods or avail of services for a commercial purpose. Such persons cannot institute proceedings under the COPRA.

A . P U R C H A S E O F G O O D S B Y COMMERCIAL ENTITIES

Commercial entities like partnership firms

and companies also purchase goods and

hire services. One of the issues that arise is

whether all such goods and services can be

said to have been purchased or hired for

commercial purposes simply because the

purchaser/hirer is a commercial entity. In

Datacore India Pvt. Ltd. v. West Bengal

State Cooperative Housing Federation

Ltd. [MANU/CF/0004/2010], the West

Bengal State Commission has held that

purchase of software for the internal

accounting of a commercial institution does

not amount to purchase of goods for

commercial purpose. However, in Vijaya

Bank Overseas Branch v. DMI India Pvt.

Ltd. [MANU/CF/0005/2010], held that an

exporter who avails of banking services to

encash cheques received in foreign

currencies is not a 'consumer' because it

avails of these services for commercial

purpose.

Thus, though every purchase of goods or

hire of services by a commercial entity is not

regarded as being for a commercial purpose,

there appears to be no clear demarcation

between those cases where a purchase is

regarded as being for a commercial purpose

and those which are not. It is submitted that

such demarcation should be made on the

basis of whether the purchased goods or

availed services are directly involved in the

business of the commercial entity. If this

distinction had been adopted, the decision in

the first of the above cases can be justified

because the internal accounting of a housing

company is not directly involved with its

business of providing housing. However, the

decision in the second case cannot be

sustained by adopting this distinction

because encashing cheques is not directly

involved in its export business. Hence, the

second case should also have been decided

in favour of the consumer.

B. GOODS PURCHASED UNDER

WARRANTY

When goods are purchased under warranty,

the seller undertakes to replace/repair the

goods in the event of that they are defective

during the prescribed period. Warranties are

usually given to consumers. There have



been conflicting decisions on whether the

presence or absence of a warranty affects

the determination of whether the goods were

purchased for a commercial purpose. In

Wipro Ltd. v. Toppers Multimedia (P) Ltd.


Commission held that a commercial entity

that purchases goods for a commercial

purpose is nevertheless a 'consumer' under

the COPRA during the period specified in the

warranty. However, in Biilagi Sugar Mill

Ltd. v. Kessels Engg. Works (P) Ltd.


Commission held that purchasing a turbine

set with warranty for installation in a sugar

mill was purchase of goods and services

attached thereto for a commercial purpose

and the purchaser was not a 'consumer'

under the COPRA.

From the two decisions discussed above, it would appear that though the mere presence of a warranty is insufficient to come to the conclusion that goods have not been purchased for a commercial purpose, it is nevertheless a factor to be considered in making such a determination. It is submitted that this is the only way on which the two decisions discussed above can be reconciled.

The provision of facilities in connection with the supply of electrical energy is a 'service' under the COPRA. Thus, proceedings under the COPRA may be brought against suppliers of electricity.

A. BILLING DISPUTES

One of the common disputes that consumers have with their supplier of electricity is billing disputes. The Electricity Act, 2003 e m p o w e r s t h e S t a t e E l e c t r i c i t y Commissions to make regulations. These regulations designate an authority for

adjudicating upon billing disputes. In West Bengal State Electricity Distribution Co. L t d . v . G u r u p a d a M a j u m d e r [MANU/CF/0001/2010], the West Bengal State Commission directed the complainant to approach the designated authority under the regulations made by the State Electricity Commission because allegation of deficiency in service was, in effect, a billing dispute.

It is submitted that the provisions of the COPRA are in addition to and not in derogation of the provisions of any other law in force. Thus, the provisions of the COPRA must be construed harmoniously with the regulations made by the State Electricity Commission. Since billing disputes are a subset of the disputes that may be brought before the fora under the COPRA, the regulations must be regarded as being a special law with respect to the COPRA. Hence, the above decision appears to be correct.

B. OUTSTANDING DUES AT TIME OF PURCHASE OF IMMOVABLE PROPERTY

Purchasers of immovable property often retain any existing electricity connection. One of the issues that arise is whether any outstanding dues to the electricity supplier at the time of purchase are required to be paid by the purchaser. In Dr. Jitendra Jamdar v. M . P. S t a t e E l e c t r i c i t y B o a r d [MANU/CF/0020/2010], the National Commission held that the purchaser does have to pay such outstanding dues and dismissed a complaint alleging deficiency in service by disconnection of electricity supply for non-payment of such outstanding dues by the consumer.

It is submitted that a purchaser of immovable property can make enquiries regarding whether there are any outstanding dues prior to purchasing the property. At the same time, it is difficult for the electricity supplier to keep

IV. ELECTRICITY SUPPLY



track of every change of ownership of every immovable property having an electrical connection. Hence, the above decision is based on sound principles.

The provision of facilities in connection with insurance is a 'service' under the COPRA. Thus, proceedings under the COPRA may be brought against both general insurers as well as life insurers.

A. OVERSTATEMENT OF CLAIMS

In United India Insurance Co. Ltd. v. Jai Lakshmi Cooperative Housing Society Ltd. [MANU/CF/0016/2010], the National Commission scrutinized the accounts of the assured who made a claim under a fire policy for damage due to earthquake and reduced the claim amount on the ground that certain expenses had not been incurred in repairing the damage caused by the earthquake. In order to claim under an insurance policy, the assured is required to prove that the loss caused to him was due to a peril covered by the policy. One of the common forms of fraudulent claims involves overstating the amount of the loss and including the cost of general repairs within the same. Hence, it is submitted that the above decision is correct.

B. REGULARIZATION OF POLICIES

The rules made by the Tariff Advisory Committee make it mandatory for insurers to demand short-charged premium as well as penalty to regularize a policy wherein the risk has been described inaccurately before settling any claim under such policy. In Chandigarh Distillers & Bottlers Ltd. v. New Ind ia Assurance Co . L td . [MANU/CF/0034/2010], an insurer was ordered to pay compensation for demanding such short-charged premium along with penalty from an assured who had filed a claim under a fire policy. The assured had

V. INSURANCE (LIFE, FIRE & MARINE)

inaccurately stated in the proposal that the insured goods were stored inside the warehouse whereas they were actually stored in the open.

It is submitted that the National Commission ignored the fact that the assured had inaccurately described the risk in the policy and that the rules made by the Tariff Advisory Committee required the insurer to regularize the policy by demanding short-charged premium and penalty before settling a claim under the policy. Hence, the above decision is not in accordance with settled principles of law.

C. CONFLICTING EXPERT EVIDENCE

In National Insurance Co. Ltd. v. Sri S r i n i v a s a C o t t o n T r a d e r s [MANU/CF/0017/2010], the report of the analyst engaged by the insurer stated that the assured had deliberately set the insured property on fire. A subsequent report of the analyst engaged by the assured stated that this was not so. The National Commission disbelieved the second report because it w a s g i v e n a f t e r t h e f i r s t o n e . It is submitted that the National Commission appears to have ignored the fact that the assured had no reason to get an independent analysis done till the first analyst's report stated that the assured had deliberately set the insured property on fire. The mere fact that the second report was given after the first one cannot, therefore, be taken as lowering its probative value. Hence, the above decision appears to have deviated from the settled rules for appreciation of evidence.

D. DUTY OF GOOD FAITH

In Smt. Kamla Devi v. Life Insurance Corporation [MANU/DE/0241/2010], the Delhi High Court has held that an insurer may avoid a life insurance policy on the ground of misstatements in the proposal form only if they establish that the assured



knowingly made a false statement therein and not otherwise. However, there are cases where the falsity of a statement is assumed to be in the knowledge of the assured. For instance, in Life Insurance Corporation v. Smt. Hira Devi [MANU/CF/0043/2010], the National Commission held that an insurer may avoid a life insurance policy where the assured has stated his age to be 44 years when it is actually 53 years.

It is submitted that the first of the above decisions falls squarely under the second part of Section 45 of the Insurance Act, 1938 and has been correctly decided. The second decision also appears to be correct because it is difficult to understand how a person would forget his own age.

In Contship Container Lines v. D.K. Lall [MANU/SC/0181/2010], the seller had shipped goods on FOB basis but insured them under a policy that described them as having been shipped on CIF basis. The Supreme Court held that the assured had violated his duty of good faith by incorrectly describing the risk in the policy. It also held that the seller of goods on FOB basis has no insurable interest therein once they are on board the ship for transportat ion.It is submitted that the corresponding obligations of the buyer and the seller in an FOB transaction are substantially different from those under a CIF transaction. Hence, the above decision is based on sound legal principles.

E. INTIMATION OF CANCELLATION OF POLICY

In New India Assurance Co. Ltd. v. Smt. Anusuyamma [MANU/CF/0029/2010], the National Commission has held that sending a letter that has been returned with 'not received' endorsed thereon is sufficient notice to the assured of cancellation of the policy. This has been reiterated by the National Commission in Smt. Seeta Bai

Sinha v. Oriental Insurance Co. Ltd. [MANU/CF/0055/2010], where sending a letter by registered post was held sufficient intimation of cancellation of policy.It is submitted that the two decisions discussed above must be viewed in light of the widespread practice of avoiding receipt of legal notices and court summons with the intention of delaying legal proceedings. In such cases, it is important not to place an unfair burden on the party sending the documents. Hence, the above decisions are based on sound reasoning.

F. SUBROGATION

A Constitution Bench of the Supreme Court, in Economic Transport Organization v. Charan Spinning Mi l ls (P) Ltd. [MANU/SC/0113/2010], held that an insurer, upon settling a claim under a policy of marine insurance, obtains all rights that the assured had against the carrier by operation of the doctrine of subrogation including the right to institute proceedings under the COPRA. It is submitted that a subrogated insurer is not a 'consumer' under the COPRA. However, the consignor/consignee is undoubtedly a 'consumer' under the COPRA. By virtue of the doctrine of subrogation, all rights of the assured, including the right to institute proceedings under the COPRA, stand vested in the insurer. Hence, the above decision appears to be based on sound principles of law.

G. EXCLUSIONS

The National Commission, in Nayana Emporium Pvt. Ltd. v. Oriental Insurance Co. [MANU/CF/0053/2010], refused compensation to an assured whose goods h a d b e e n d a m a g e d d u e t o oxidation/discolouration in transit on the ground that such damage was specifically excluded under the policy.

The policy is a contract between the assured and the insurer. Thus, all its specific terms



must be respected. Since there was a specific exclusion in the above case, the decision appears to be correct.

H. WARRANTIES

The importance of warranties in all insurance policies has once again been highlighted by the National Commission in Chatak Cold Storage v. National Insurance Co. Ltd. [MANU/CF/0032/2010] , where the assured's claim under a deterioration of stocks insurance policy was rejected on the ground that one of the chambers in his cold storage was not being operated under a valid license.

The mere non-compliance with a warranty is sufficient to vitiate a policy irrespective of whether the said non-compliance increases the risk of loss. Hence, the above decision appears to be correct.

As mentioned earlier, t h e p r o v i s i o n o f

facilities in connection with insurance is a

'service' under the COPRA. Thus,

proceedings under the COPRA may be

brought against motor vehicle insurers.

However, claims under third-party policies

have to be brought before the Motor

Accidents Claims Tribunal (“MACT”).

A. COVERAGE OF GOODS UNDER THIRD-PARTY POLICY

Damage to goods owned by a third party while being carried in an insured vehicle does not entitle the owner of the goods to file a third-party claim against the insurer. In New India Assurance Co. Ltd. v. C.R. Verma [MANU/CF/0046/2010], the National Commission dismissed the complaint of such a third-party on the ground that such damage could only be covered under a marine insurance policy on the damaged goods and not under a third-party policy.

VI. MOTOR VEHICLE INSURANCE

It is submitted that the purpose of mandatory

third-party insurance is to compensate

victims of motor accidents irrespective of

whether the owner/driver of the vehicle is

able to do so. A third-party policy covers only

death or injury to persons and not damage to

goods. Hence, the above decision is correct.

B. INVALID DRIVING LICENSE

The Allahabad High Court, in National

Insurance Co. v. Smt. Kanti Devi

[MANU/UP/0102/2010], held that the

insurer's liability under a third-party policy

arises when it is proved that the victim's

death was due to rash or negligent driving of

the insured vehicle. If the driver of the vehicle

did not have a valid driving license at the time

of the accident, the insurer could recover the

compensation paid to victims under the

policy from the policy-holder. This has been

reiterated by the Allahabad High Court in

Oriental Insurance Co. v. Smt. Sukhviri

[MANU/UP/0108/2010] as well as in United

India Assurance Co. Ltd. v. Smt. Archana

Srivastava [MANU/UP/0109/2010].

The liability of an insurer under the Motor

Vehicles Act, 1988 is primary. This means

that it is not necessary for a victim to first

claim compensation from the owner/driver of

the vehicle. Even though the lack of a valid

license vitiates the policy between the owner

of the vehicle and the insurer, it does not

affect the rights of beneficiaries under the

policy.

C. COVERAGE OF PASSENGERS UNDER

THIRD-PARTY POLICY

In Oriental Insurance Co. v. Sumathi

[MANU/TN/0064/2010], the Madras High

Court has held that a passenger is a third-

party under a third-party policy and directed

the insurer to pay compensation to the family

of a pillion-rider who was killed in a

motorcycle accident.



Passengers cannot be expected to know the capabilities of the driver of every vehicle they travel in. Thus, the rationale for providing coverage to victims of motor vehicle accidents can also be extended to passengers. Hence, the above decision is based on sound reasoning.

D. DUTY OF GOOD FAITH

In Tata AIG General Insurance Co. Ltd. v. Gulzari Singh [MANU/CF/0018/2010], the Nat ional Commission held that a misstatement in the proposal form regarding whether any claim relating to the insured vehicle was made under any previous policy justified the insurer's repudiation of claims under the policy. It is submitted that this decision is correct.

E. INSURABLE INTEREST

In D.N. Thakur v. United India Insurance Co. Ltd. [MANU/CF/0019/2010], the National Commission dismissed the complaint of the transferee of a motor vehicle under a comprehensive policy on the said vehicle because it had not been transferred in his name. The transferor was also unable to maintain a valid claim because he no longer had an insurable interest in the said vehicle. It is submitted that the above decision is based on settled principles relating to the concept of insurable interest under insurance law and is therefore correct.

F. WARRANTIES

In Oriental Insurance Co. Ltd. v. Munnalal Rai [MANU/CF/0021/2010], the National Commission held that the owner of an insured truck that was carrying 15 persons more than the permitted number at the time of accident could not claim under a comprehensive policy that contained a warranty that not more than 7 persons would be carried therein at any time. It is submitted that decision is based on sound principles of law.

Holders of comprehensive motor vehicle insurance policies should also ensure that those driving their vehicles have a valid driving license at all times. In Jay Parkash Goyal v. United India Insurance Co. Ltd. [MANU/CF/0031/2010], the National Commission held that the insurer was justified in repudiating a claim under a comprehensive policy on the ground that the driver of the insured vehicle did not have a valid driving license at the time of the accident. Even when the accident occurred within 30 days after expiry of the driving license, which is a grace period given under the Motor Vehicles Act, 1988 for renewing the license, the National Commission has, in Chhimae Dolma v. National Insurance Co. Ltd. [MANU/CF/0022/2010], held that the license is deemed to be valid for that period only if an application for renewal is made before that period expires. It is submitted that the above decisions are in conformity with the law relating to warranties under insurance law.

G. LIMITATION

Claims under comprehensive motor vehicle insurance policies should be made within the stipulated period of time after the accident. In Oriental Insurance Co. Ltd. v. Pragathi Constructions [MANU/CF/0037/2010], the National Commission dismissed a complaint by an assured who had filed a claim almost two years after the accident.

Delayed claims are viewed with suspicion because there is a greater possibility of the assured having tampered with evidence relating to loss, etc. Hence, the above decision appears to be based on sound reasoning.

VII. INVESTMENT SERVICES

The provision of facilities in connection with investment is a 'service' under the COPRA. Thus, proceedings under the COPRA may


VIII. MEDICAL NEGLIGENCE


be brought against investment agencies. Rule 4 of the National Saving Certificates (VIIIth Issue) Rules, 1989 does not permit an HUF to purchase National Saving Certificates. The National Commission, in Superintendent of Post Offices (East Div.) v . H e l p l i n e G r a h a k M a n d a l [MANU/CF/0036/2010], dismissed a complaint filed by an HUF that had not paid been the maturity amount under a National Saving Certificate on this ground.

It is submitted that the Superintendent of Post Offices had no choice but to abide by the Rules. It may be argued that the HUF is entitled to get back the capital that it had invested in the scheme. Hence, the above decision appears to be correct but failed to discuss the issue of return of capital.

The provision of medical facilities is a 'service' under the COPRA. Thus, doctors and hospitals can be subjected to proceedings under the COPRA.

A . N O D E F I C I E N C Y W I T H O U T NEGLIGENCE

In Kusum Sharma v. Batra Hospital & M e d i c a l R e s e a r c h C e n t r e [MANU/SC/0098/2010], the wife of a deceased patient proceeded against the hospital where he had undergone surgery under the COPRA. Both the National Commission and the Supreme Court dismissed the complaint on the ground that negligence had not been established. This decision has subsequently been followed in Dr. Kamal Kishore v. Escorts Heart I n s t i t u t e & R e s e a r c h C e n t r e [MANU/CF/0026/2010], where the National Commission dismissed a complaint filed by the son of a deceased patient against the hospital as well as the doctor who had operated on her on the ground that negligence had not been established.

However, in cases where negligence on the part of the doctors or hospitals has been established, they have been held liable for deficiency in services. For instance, in Dr. Yoginiben N. Patel v. Smt. Dakshaben [MANU/CF/0027/2010], the National Commission awarded compensation to a patient in whose body the doctor had left behind a swab after surgery. In S.P. Aggarwal v. Sanjay Gandhi Post Graduate Institute of Medical Sciences [MANU/CF/0052/2010], the National Commission awarded compensation to a patient whose left arm had been disabled due to negligent administration of treatment. In Johnson Thomas v. Bishop Vayalil Medical Centre [MANU/CF/0040/2010], the National Commission awarded compensation to the husband of a deceased patient who had died due to improper administration of general anaesthesia during surgery.

It is submitted that medicine is not an exact science. Thus, doctors cannot be faulted simply because their treatment is unsuccessful. This necessitates the need to prove negligence on the part of the doctor or the hospital as the case may be. Hence, the above decisions have adopted the correct standard of care for medical services.

B. EXPERT EVIDENCE

In order to establish negligence, patients need not always adduce expert evidence. In V. Kishan Rao v. Nikhil Super Speciality Hospital [MANU/SC/0332/2010], the Supreme Court has held that expert evidence as to negligence may be given but is not necessary in order to claim compensation for deficiency in services by doctors and hospitals.

It is submitted that not all cases of deficiency

in service by medical professionals are

complicated cases. For instance, leaving

behind operating instruments inside a



Telephone operators are responsible for

ensuring the bill payments made by

patient's body after surgery is a clear case of

negligence that does not require any expert

evidence to be established. Hence, the

above decision is correct.

IX. REAL ESTATE

Builders can be held liable under the COPRA

for not constructing according to contractual

specifications and delivering possession on

time. In Pushpa Builders Ltd. v. Shree Avi

Om Gupta [MANU/CF/0025/2010], the

N a t i o n a l C o m m i s s i o n a w a r d e d

compensation to the purchaser of a show

room who had not been delivered

possession according to specifications.

Similarly, in Khokan Maji v. Lalit Mukhi

[MANU/CF/0009/2010], the West Bengal

State Commission awarded compensation

for defective construction by the builder. It is

submitted that the above decisions are

correct.

X. RECREATIONAL SERVICES

The National Commission has held that

compensation can be awarded even if there

is no gross negligence or deficiency in

service. In Smt. Mamta Ajmani v. New

Delhi YMCA [MANU/CF/0050/2010], it

awarded compensation to the family of a

deceased member of YMCA despite finding

that there was no gross negligence or

deficiency in service on the part of YMCA or

its employees. The deceased had died while

swimming in the YMCA swimming pool.

The above decision may be justified on the

ground that YMCA had a duty to provide

adequate lifeguard facilities near the

swimming pool. Hence, the above decision

is sound.

XI. TELEPHONE SERVICES

consumers in post offices reach them. The

West Bengal State Commission has, in

BSNL v. N.P. Gupta [MANU/CF/0010/2010],

awarded compensation to a consumer

whose telephone was disconnected on the

ground of non-payment of bill when the

payment had in fact been made at a post

office but not reached BSNL. It is submitted

that this decision is correct.

Books Collection at NLSIU Library on Consumer Law

The Law of Consumer Protection in India

Justice within reach., by Dr. Gurjeet Singh,

1996, Deep and Deep Publication, New

Delhi.

Consumer protection : Law and practice th / V K Agarwal - 6 -New Delhi: Bharat Law

House Publishers Distributors Pvt. Ltd

2008. xxxix,1101p.:20 cm.

Consumer protection law / P M Bakshi .

- New Delhi: Ashoka L House,

2004.lxxiii,2014p.:20 cm.

Foreword by M B Shah

Law of torts : Including compensation

under the motor vehicles Act and

consumer protection laws /

R K Bangia. - 18th Ed. - Allahabad:

Allahabad Law Agency, 2006. 638p.:20 cm.

A handbook of consumer protection laws

and procedure for the lawman and the

layman / R K Bangia. - 6th Ed. - Faridabad:


Law of torts : Including compensation

under the motor vehicles act and

consumer protection laws /

R K Bangia. - 21st Ed . - Allahabad:




Commentary on the consumer

protection act, 1986 / J N Barowal. - 2nd

Ed. - New Delhi: Universal Law Publishing

Co.Pvt.Ltd., 2000. xxiii,1263p.:20 cm.

Commentary on the consumer

Protection Act / J N Barowalis .3rd Ed

Fore By M B Shah. - New Delhi: Universal

Law Publishing Co.Pvt.Ltd., 2008.

xci,1454p.:20 cm.

Consumer proection law : Provisions and procedure / R N Chaudhary. - New Delhi: Deep & Deep Publications Pvt. Ltd., 2006 xix,324p.:20 cm.

Law of consumer protection / V R Choudhari. - Allahabad: Premier Publishing Company, 2008. 1785p.:20 cm.

Commentary on MRTP law, competition law and consumer protection law Vol. I & Vol. II / S M Dugar. - 4th Ed. - Nagpur: Wadhwa and Co., 2006. clxv,1118p.:20 cm.

Consumer protection act and banking service with digest of case law /K Elumalai. - Allahabad: Law Publishers (India) Pvt.Ltd 2008. lxxxi,983p.:20 cm.

Consumer protection jurisprudence /V Balakrishna Eradi.-Delhi: Lexis Nexis/Butterworths, 005.xxv,751p.:20 cm.

The consumer protection act, 1986 / Viddulata Gawade. – Pune, Hind Law House, 2008. 192p.:20 cm.

Consumer evolution : Nine effective strategies for driving business growth / Charles Granitham and Judith Carr. - New York John Wiley & Sons Inc., 2002. 240p.:20 cm.

Banks and the consumer protection law / S N Gupta. - 2nd Ed - Dehra Dun: Universal Law Publishing Co.Pvt.Ltd., 2007. lvii,501p.:20 cm.

Consumer protection:Law and practice / N K Jain. – New Delhi: Regal Publications,

2008. x,296p.:20 cm.

Telephone and the consumer : With reference to the consumer protection act / J V N Jaiswal. - Lucknow: Eastern Book Co., 2003. xxix,431p.:20 cm.

Postal and courier services and the consumer / J V N Jaiswal- Lucknow: Eastern Book Co., 2004. xv,261p.:20 cm.

Consumerism and legal protection of consumers with critical an explanatory commentary and latest case law / Rifat Jan. – New Delhi: Deep & Deep Publica- tions Pvt. Ltd., 2007. xix,495p.:20 cm.

Practical guide to consumer protection law / Anoop K Kaushal - 3rd Ed. - Dehra Dun: Universal Law Publishing Co.Pvt.Ltd., 2006 xv,438p.:20 cm.

Medical negligence and legal remedies with special reference to consumer protection law / Anoop K Kaushal. - 3rd Ed. – Delhi Universal Law Publishers Co.Pvt. Ltd., 2008. xvii,412p.:20 cm.

Consumer law and practice / Robert Lowe and Geoffrey Woodroff - 6th Ed . - London: Sweet & Maxwell, 2004. xxxiii,450p.:20 cm.

Consumer sales law : The law relating to consumer sales and financing of goods./ John Keith Macleod.- London: Cavendish Publishing Ltd., 2002. Ixxxv,1014p.:20 cm.

Law of consumer protection in India / P K Majumdar. - 5th Ed - Allahabad: Orient Publishing Company, 2008. clix,1775p.:20 cm. Reprint Edition.

Medicalnegligence and patients rights : An analysis of consumer law imposing liability for medical negligence / A Nagarathna. Bangalore: Karnataka Institute For Law & Parliamentary Reform, 2009. 107p.:20 cm.

Consumer protection act, 1986 and professional obligations / Mustafa



Alam.S Naqvi. - Faridabad: Allahabad Law Agency, 2005. vii,222p.:20 cm.

European union consumer law / Paolisa Nebbia and Tony Askham London: Richmond Law & Tax Ltd., 2004. xix,316p.:20 cm.

Price fixation and consumerism : A comparative study / Ashok Patil. - Bangalore: Karntaka Institute For Law & Parliamentary Reform, 2009. 107p.:20 cm. (KILPAR Law Research Series)

Supreme court and national consumer commission on consumer court cases over 1250 cases Vol. I To Vol. VII / S N Phukan. – New Delhi: India Law House, 2009. lv,904p.:20 cm. 1986 to 2008

Consumer law and policy : Text and materials on regulating consumer markets / Iain Ramsay. - Oxford: Hart Publishing, 20 xxxv,788p.:20 cm.

Consumer is king : Know your rights and remedies / Rajyalaksh Rao. - Delhi: Universal Law Publishing co.Pvt.Ltd., 2008. xix,355p.:20 cm.

Commentary on consumer protection act, 1986 / U V Rao. - 2n Ed. - Hyderabad: Asia Law House, 2009. 934.:20 cm.

Common man's guide to consumer protection : Over 100 questions answered with the consumer protection act, 1986 / Yetukuri Venkateswara Rao. - 2nd Ed. - Hyderabad: Asia Law House, 2009 143p.:20 cm.

International perspectives on consumers acess to justice / Ed. Carles E F Rickett and Thomas G W Telfer . - Cambridge: Cambrid University Press, 2003. xvii,418p.:20 cm.

Commercial and consumer law 2007-2008 / Ed. by F D Rose. – 16 Ed. - Oxford: Oxford University Press, 2007. xiii,717p.:20 cm.

Introducing human rights : An overview including isues of gend justice, environmental and consumer law / S A H R D C . – New Delhi: Oxford University Press, 2006. xviii,261p.:20 cm.

Law of consumer protection in India / D N Saraf. - 2nd Ed. Bombay: N M Tripathi Pvt. Ltd., 1995. vii,510p.:20 cm.

A casebook on European consumer law / Reiner Schulze, Hans Schulte-Nolke and Jackie Jones. - Oxford: Hart Publishing, 2006, xvii,276p.:20 cm.

Consumer satisfaction and loyality in Indian consumer banking Jyoti Sharma. - Delhi: Universal Law Publishing Co.Pvt.Ltd., 2007. 250p.:20 cm.

Treatise on consumer proection law : Law and practice / Dilip Sheth. - 2nd Ed. - Mumbai: Snow & White Publications Pvt. Ltd 2003. cxci,1464p.:20 cm.

Law of consumer protection : Principles and practice being a study of the consumer protection act, 1986 / Avtar Singh. - 4Ed. Lucknow: Eastern Book Co., 2005. xxxvii,720p.:20 cm.

Supreme court on consumer cases along with acts and rules / Aditya Singhal. - Allahabad: Gaur Law Agency, 2008. xi,964p.:20 cm.

Consumer protection act / O.P Tiwari. - 3rd Ed. – Faridabad, Allahabad Law Agency, 2007. xvi,381p.:20 cm.

The consumer protection act of no. 68 of 1986 / S C Tripathi - 3rd Ed. - Allahabad: Central Law Publications, 2006. vii,262p.:20 cm.

The yearbook of consumer law 2008 /Ed by Christian Twigg-Flexner, Deborah Parry and Geraint Howells et. al.. - Aldershot: Asghate Publishing, 2007. xiii,472p.:20 cm.

Law relating to electricity with special reference to consumer protection law /



R M Vats. - Dehra Dun: Universal Law Publish Co.Pvt.Ltd., 2002. xiii,358p.:20 cm.

A treatise on consumer protection laws / S K Verma and M Afza Wani. - New Delhi: Indian Law Institutute, 2004. xxix,618p.:20 cm.

The law of consumer protection / Ed. by D P Wadha and N L Raja - Nagpur: Wadhwa and Co., 2006. ccxiii,1698p.:20 cm.

The law of consumer protection Vol. I & Vol. II / Ed. by D P Wadha and N Rajah. - 2nd Ed Ed. by N L Raja . - Nagpur: Wadhwa and Co., 200 ccxcix,1422p.:20 cm.

Foreign Books

Consumer law and practice / Geoffrey Woodroffe and Robert Low - 7th Ed. - London: Sweet & Maxwell, 2007. xxx,469p.:20 cm.

Encyclopedia of consumer law Geoffrey Woodroffe. – London Sweet & Maxwell, 2008. Varli.:20 cm.

Collective enforcement of consumer law : Securing compliance Europe through private group action and public authority intervention / Ed. by Van Willem Boom and Macro Loos . – Amsterd Europa Law Publishing, 2007. vii,254p.:20 cm.

Competition law : Safeguarding the consumer interest, A comparative analysis of US antitrust law and EC compeition law / Eugene Buttigieg. - Austin: Wolters Kluwer, 209. xiii,423p.:20 cm.

Competition law and consumer protection / Katalin Judith Cser. - New York: Kluwer Law International, 2005. xiii,450p.:20 cm.

Liability for Products: English Law, French Law and European Harmonization/ S.Whittaker.-Oxford University Press, 2005

Electronic Consumer Contracts in the Conflict of Laws/ Zheng Sophia Tang, Hart Publishing , 2009.

Cases,Materials and Text on Consumer

Law/Hans-W Micklitz and others Ed., Hart

Publishing, Oxford, 2010

Consumer Law and Policy-Text and

Materials on Regulating Consumer ndMarkets /Iain Ramsay, 2 ed.,

2007

Oxford

Hart Publishing Oxford,

Article Alert !

The Currency of Justice Fines and

Damages in Consumer Societies /Pat O'

Malley, Routledge. Cavendish, 2009

Sousa, Michael D.,, Principle of

Consumer Utility: A Contemporary

Theory of the Bankruptcy Discharge,

The [article], University of Kansas Law

Review, Vol. 58, Issue 3 (March 2010), pp.

553-614.

Gips, Russell T.,From China with Lead:

The Hasty Reform of the Consumer

Product Safety Commission [comments],

Houston Law Review, Vol. 46, Issue 2

(Spring 2009), pp. 545-584.

G e r h a r d t , D e b o r a h R , C o n s u m e r

Investment in Trademarks [article], North

Carolina Law Review, Vol. 88, Issue 2

(January 2010), pp. 427-500.

Wu, Chi Chi, Automated Injustice: How a

Mechanized Dispute System Frustrates

Consumers Seeking to Fix Errors in Their

Credit Reports [article], North Carolina

Banking Institute, Vol. 14, Issue 1 (March

2010), pp. 139-190.

Collins, Robert Todd Graham, Privacy Implications of Deep Packet Inspection Technology: Why the Next Wave in Online Advertising Shouldn't Rock the




Self-Regulatory Boat, The [notes], Georgia Law Review, Vol. 44, Issue 2 (Winter 2010), pp. 545-580.

Kovacic, William E, Digital Broadband Migration and the Federal Trade Commission: Building the, Competition and Consumer Protection Agency of the Future, The [comments] Journal on Telecommunications and High Technology Law, Vol. 8, Issue 1 (2010), pp. 1-24.

Matwyshyn, Andrea M., Hidden Engines of D e s t r u c t i o n : T h e R e a s o n a b l e Expectation of Code Safety and the Duty to Warn in Digital Products [article], Florida Law Review , Vol. 62, Issue 1 (January 2010), pp. 109-158.

Baruch, Chad, Consumer Law [notes], Texas Bar Journal , Vol. 73, Issue 1 (January 2010), pp. 27-27

Rawlins, Rachael, Teething on Toxins: In Search of Regulatory Solutions for Toys and Cosmetics [cases] Fordham Environmental Law Review, Vol. 20, Issue 1 (Spring 2009), pp. 1-50.

Cortez, Nathan, Recalibrating the Legal Risks of Cross-Border Health Care [article] Yale Journal of Health Policy, Law, and Ethics, Vol. 10, Issue 1 (2010), pp. 1-89.

Marrow, Paul B., Determining If Mandatory Arbitration Is Fair: Asymmetrically Held Information and the Role of Mandatory Arbitration in Modulating Uninsurable Contract Risks [article], New York Law School Law Review, Vol. 54, Issue 1 (2009-2010), pp. 187-240.

McKenna, Mark P., Testing Modern Trademark Law's Theory of Harm [article], Iowa Law Review , Vol. 95, Issue 1 (November 2009), pp. 63-118.

WEB-ALERT

http://www.cercindia.org

Consumer Education and Research Centre (CERC)

WEB ALERT !

Consumer Education and Research Centre is the leading consumer rights organisation in India. CERC is a non profit, non government body, dedicated to the protection and promotion of consumer interests through active use of research, media, law, advocacy and information dissemination. CERC does not belong to any political party, nor does it subscribe to any political ideology.

CERC is recognised as a research institute by the Government of India and as a consumer organisation by the Government of Gujarat. The United Nations has recognised CERC as one of the approved non government organizations. CERC brings out a Bi - monthly publication called “INSIGHT-The Consumer Magazine”.

Goals

• Ensure total consumer safety against unsafe products and services through education, research, awareness campaign and dissemination of the findings of the comparative testing of consumer products and product information.

• E s t a b l i s h t r a n s p a r e n c y a n d accountability of business and industry, including utility services and the public sector;

• Resolve individual complaints;

• Protect the environment

Infrastructure

CERC is built on land admeasuring 10,000 sq. meter, given to us on permanent lease by The Gujarat Insti tute of Chemical Technology. The building is equipped with a state of the art fully air conditioned Conference Hall. It has a seating capacity of 65 to 75 people and has been the venue of a number of both national and international work shops. The Conference hall is


equipped with audio visual facilities, OHP, display boards and recording facilities. Besides the above, there is yet another air conditioned board room used for in-house departmental meetings. This has a capacity of fifteen people. There are other smaller meeting rooms to attend to visitors. Having been equipped with only 2 computers when CERC was founded in 1978, it now has a full-fledged computer infrastructure which includes computers, printers, modems, storage devices and scanners.

The Library set up in 1980, the exclusive consumer and public Interest library of CERC is the only one of its kind in India. It has 12,500 volumes and 140 periodicals from all over the globe. Books, magazines, encyclopedias, yearbooks, dictionaries and directories of NGOs and government organisations in India and abroad journals, legal judgements, standards and bare Acts, newspaper clippings, audio-visuals — you

name it, the library has it. It covers various subjects related to consumer protection, promotion and research; environment; social audit; insurance; transport; pollution hazards; safety; drugs; health; housing; human rights; etc. The library is open to all, free of charge. CERC has created a computerised database, based on the exclusive and unique collection in its library. It has published bibliographies on eight subjects—Consumer Protection, Advertising, Environment Protection, Insurance, Health and Drugs, Public Utilities, Food and Nutrition, Law. This unique annotated bibliography provide a concise abstract of each study, and cites the author, sponsoring or collaborating organisations, price, edition, year of publication and language. The library entertains reference queries in the field of consumer protection on te lephone, in person, or through correspondence.

The CLP Chair with the help of Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs, Government of India, New Delhi, has planned to start Post Graduate Diploma in Consumer Law and Practice (PGDCLP) through distant education mode at National Law School of India University from the next Academic Year i.e 2011-2012.

The course is aimed at sensitizing people about the Consumer Rights. The diploma is specially designed to meet the needs who would like to supplement their database with in depth knowledge of Consumer Laws. This course can be pursued by a graduate of any discipline of a recognized University. The proposed course structure is as follows:

COURSE STRUCTURE / CURRICULUM:

Modules Topics MarksModule I " Introduction to law and legal system 100Module II " Law, Policy and Development of Consumerism 100Module III " Consumer Protection and Product Liability 100Module IV " Consumer Protection and Service Providers Liability 100Module V " Dissertation 100

In this regard NLSIU welcomes guidance and suggestions in framing the syllabus such as module title, st

content of the modules etc for PGDCLP from the subject expertise on or before 31 August 2010. Your suggestions will lead the CLP Chair in preparing the study material for the said course.


NLSIU’s CLP Chair has Invited Suggestions for Post Graduate Diploma in Consumer Law and Practice (PGDCLP) [Distant Education]

To,

From :

Chair on Consumer Law and Practice National Law School of India University, Post Box No. 7201, Nagarabhavi, Bangalore-560 242, Karnataka, INDIA.Phone : 080-23160532, 23397526 (Dir) Fax : 080-23160532Email : [email protected] Website : www.nls.ac.in

consumer law final - nlsiu, bangaloreclap.nls.ac.in/pdf/clap-nl2.pdf · chair on consumer law and...

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