A. To remove defect pointed by appropriate laboratory from goods in question,
B. Replace goods with new goods of similar description which shall be free from defect, C. Return to complainant price, or charges paid
by complainant,
D. Pay such amount as may be awarded by it as compensation for any loss or injury suffered due to negligence of opposite party.
Appeals from District Forum to State Commission Sec 15
Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State commission within a period of 30 days from the date of order, in such form as may be prescribed.
The State commission may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within that period.
Appeals from State Commission to National Commission Sec 19
Any person aggrieved by an order made by the state commission may prefer an appeal against such order to the National commission within a period of 30 days from the date of order, in such form as may be prescribed.
The National commission may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within that period.
Appeals from National Commission to Supreme Court Sec 23
Any person aggrieved by an order made by the National commission may prefer an appeal against such order to Supreme Court within a period of 30 days from the date of order, in such form as may be prescribed.
Supreme Court may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within that period.
24A. LIMITATION PERIOD for filing a complaint
• (1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
• (2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint
within such period:
Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.
SERVICE
• "service" means service of any description which is made available to potential (users and includes the provision of facilities in connection with banking, financing insurance, transport, processing, supply of
electrical or other energy, board or lodging or both, 2[housing construction] entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;
• Patient going to a government hospital and had not been charged for the service.
• Consumer groups very much aggrieved with discriminatory treatment of law..
• Indian Medical Association Vs. V P Shantha
• Tax as consideration !!
• It is people who pay taxes, which run government establishments..
• Government hospitals/health
center's/dispensaries render free of charge services to all patients…..
• Essential Characteristics of Tax:
• A) Compulsory payment without consent,
• B) for public purpose,
• C) common burden, quantum depends on capacity to pay
• SC noted that there are 3 kinds of hospitals..
• 1) Services rendered free of charge to all
• 2) charges are required to be paid by all
• 3) charges are required to be paid by persons availing services but certain categories of persons who cannot afford to pay are
rendered free of charges…
• The expenses incurred for providing free service are met out of the income from the service rendered to the paying patients…
• Thus, falls under 2(1)(o) of the act …
• To hold otherwise would mean that the protection would be available to only those who can afford to pay and such protection would be denied to those who cannot so afford, though they are the people who need it more !!
• Another consequence would be that the standard and quality of service rendered at an establishment would cease to be uniform.
It would be of a higher and of better quality to those who can afford to pay it and inferior to others….
• Thus need to be taken on similar footing..
• The services rendered by doctors and hospitals irrespective of the fact that part of the service is rendered free of charge, would nevertheless fall within the ambit of ‘Service’
under the act.. Also persons who are rendered free service are the beneficiaries and as such come within the definition of Consumer under the act..
INSURANCE
• Life Insurance and Personal Accident Policy
• Medical Insurance
• Motor Vehicle Insurance
• Property Insurance, etc.
Pre Existing Diseases..
• Praveen Damani V Oriental Insurance Co Ltd
• Praveen Damani took a medical claim insurance policy cover of Rs 350000 for himself for an annual premium of Rs 5174.
Before issuing policy, the company’s doctor had subjected him to a complete medical check up. After some time , he developed chest pain and approached Manipal Heart Foundation where an angiography was carried out.
• After two years he underwent a bypass surgery. The insurance company rejected the first claim on the ground of pre existing disease. Also they rejected the second claim on the ground of deliberate suppression of information.
• He complained to District forum which dismissed his complaint and State Commission too did the same. The National commission noted that he had no symptoms of heart disease till he suffered chest pain.
• Had he known the condition, he would have rushed to get the necessary treatment immediately and would not have waited for two years to undergo a bypass surgery by putting his life at risk.
• No one does it !!
• Exclusion Clause:
• It is not relevant whether the insured person had knowledge of the existence of disease or not. If symptoms of the disease existed before the effective date of insurance and even if the insured was not aware of these symptoms, the insurance company is not liable to pay any claims…??