Category: Consumer Law and Cases

Lady doctor gets reimbursement for eye surgery from Oriental Insurance

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CERS helps a harried lady doctor get reimbursement for eye surgery from Oriental Insurance

Ahmedabad,May 8th , 2013

Consumer Education & Research Society (CERS) once again came to the rescue of a harassed consumer. This time an Ahmedabad-based lady doctor who was denied reimbursement for an eye surgery by her insurance company.

As per the case details, Dr. Diksha Sawant*, a resident of Bopal area of the city, had purchased a health insurance policy from The Oriental Insurance Co. Ltd about 20 years ago and it was renewed every year since then. The policy was valid during the period from 16 March, 2009 to 15 March, 2010. Dr. Sawant* had an eye surgery during this period and when she made a claim for reimbursement of the cost, the insurance company rejected it saying that she had only received injections for macular degeneration, which is not an eye surgery and therefore she was not eligible for reimbursement as per the policy terms.

On refusal from the insurance company, Dr Sawant* approached CERS and after verifying the details, CERS filed a complaint before the Consumer Dispute Redressal Forum, Ahmedabad (Additional). CERS also submitted that the administration of injection to Dr. Sawant* is done under local anaesthesia and is a surgical procedure related to Retina and Vitreous surgery. The procedure has to be carried out in an Operation theater. So, it is definitely a type of ‘EYE SURGERY’. And for ‘Eye Surgery’, hospitalisation of 24 hours or more is not necessary for reimbursement of claim as per the terms and conditions of the insurance policy. After hearing both the parties, the forum did not find any merit in the arguments made by the insurance company and accepting the certificate issued by the doctor, who performed the surgery, it ruled the order in favor of the complainant.

The forum has not only ordered the insurance company to reimburse the cost of eye surgery i.e. Rs. 72,029 but also to pay interest @8% on this amount from 22/1/2010 for denying the reimbursement. It has also ordered the insurer to pay Rs. 5,000 towards compensation for mental agony faced by the doctor and Rs. 3,000 towards the litigation cost.

However, the total claim amount was Rs. 1,44,058/- (cost of 2 injections of Rs. 72,029/- each). But through oversight, the Forum granted claim for only one injection. So, the complainant will have to file an Appeal before the State Commission to claim the full amount i.e. Rs. 1,44,058/-.

*Name changed on request

For further information please contact

Ms Pritee Shah (O) 079-27489945/46

Refusing to file FIR may land Cop in Jail for a Year

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Refusing to register an FIR on jurisdictional ground could now cost a policeman a year in jail. Taking strong view of increasing instances of such acts by police in various states, the Union home ministry has issued strict instructions to all states to not only initiate departmental enquiry against such cops but also prosecute them under Indian Penal Code (IPC).
The home ministry told the states and Union Territories to clearly instruct all police stations that failure to register FIR on receipt of information about any cognisable offence will invite prosecution of the duty police officer under IPC Section 166A (government official disobeying law) which will invite imprisonment up to one year.
In its latest directive, the MHA told the states and UTs that policemen should be sensitized to respond to complaints with alacrity, whether it is from man or woman, and must apprehend the accused immediately after the complaint, as it adversely impacts the victim and there is tendency of persons committing crimes to slip away when there is delay on extraneous grounds like jurisdiction.
Further, if after registration of FIR, upon investigation, it is found that the subject matter relates to jurisdiction of some other police station, the FIR may be appropriately transferred to the police station under which the case falls. 
 
The home ministry said there should be clear instruction by the state governments that the delay over the determination of the jurisdiction leads to avoidable wastage of time which impacts the victim and also leads to offenders getting an opportunity to slip from the clutches of law and that should be stopped.

Prashant Uikey <prashant.vikey@gmail.com>

 

Enclosing the copy of the circular. We at FEAT encourage citizens to take action against Police officers for delay / non-filing of FIR. In case you need any assitance please contact us.
Regards
 Milind Kotak <featindia@gmail.com>

Vodafone humbled – pays Rs. 30,000

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VODAFONE HUMBLED: COMPENSATED ME WITH RS.30,000.

I purchased two handsets for Rs.6398 in 2008 from HUTCHISON MAX PAGING PVT. LTD., a Vodafone dealer in Mumbai on which the name of Vodafone was inscribed. There was two years warranty. Many a time they couldn’t get connected to the network and were giving lot of trouble.

I requested the dealer to replace the handsets which could be operational but they refused.

I filed the case in Consumer District Court, Bandra which ordered Vodafone to refund me Rs.6398 with Rs.4000/- as compensation for legal expenses and hardship I suffered. I didn’t accept the amount and appealed to the State Consumer Disputes Redressal Commission, Maharashtra, Mumbai and argued the case in person on 30eth April 2013.

Commission passed the order in my favour.

Accordingly I received from Vodafone on 22nd May 2013 the cheque of Rs.6398 as the refund of my purchase price and a further cheque of Rs.30,000 as the damages.

My advice: fight for your right, never give up.

 

(Bhagvanji Raiyani)

Chairman & Managing Trustee

Forum For Fast Justice

CERS’s intervention compels mattress manufacturer to refund partial cost of defective mattress.

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CERS’s intervention compels mattress manufacturer to refund partial cost of defective mattress.

Ahmedabad, March 22, 2013

A city-based manufacturer of mattresses, who sold a defective piece of product and did not care to correct the defect even within the warranty period, was compelled by Consumer Education & Research Society (CERS) to refund partial cost of the product to the buyer through an order of the consumer forum.

As per the case details, Shekhar Raval, a resident of the city, purchased a multilayer rubberized coir mattress from Mattress Mart, a shop situated in Vastrapur area of the city at a cost of Rs. 6,840 on September 30, 2010. It was a Relaxwell  mattress carrying a warranty period of 5 years. But within a few days from purchase, Shekhar Raval and his wife had  developed a back pain due to some defect in the mattress and she had to go for a medical treatment, which cost Shekhar Rs. 15,500. He brought the defect to the notice of the seller and the shop owner Krishnakant assured to correct the defect within 30 days, but the promise was not kept.

Thereafter, Raval approached CERS and after verifying all the details. CERS filed a case in the Consumer Disputes Redressal Forum, Ahmedabad (Rural) on behalf of the complainant seeking complete refund of the purchase price along with interest and also compensation of Rs. 10,000 along with the medical expenses incurred and litigation & travelling cost of Rs. 5,000. The opponent had  not appeared before the forum during the hearing of the case.

After hearing arguments by CERS, the forum accepted the plea partially and ordered the opponent to pay an amount of Rs. 5,000 towards the cost of the mattress along with interest at 9% per annum from the date of filing of the complaint, Rs. 2,000 as a compensation for the mental agony faced by the buyer and Rs. 1,000 towards litigation & other cost.

For further information please contact Ms Pritee Shah (O) 079-27489945/46

Consumer fora can initiate ‘contempt of court’ as well

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Allahabad high court rules that consumer forums can also initiate contempt proceedings

To decide the legal controversy, the HC analyzed the law and its interpretation. The word “court” is not defined under the Act and its meaning would have to be culled out on the basis of various pronouncements by the SC.
In the case of Virendra Kumar Satyawadi v/s State of Punjab, an SC bench considered the characteristics of a court. It held that a court has a duty to decide disputes in a judicial manner and declare the rights of parties in a definitive judgment. Judicial adjudication requires the parties to be heard in support of their claims and to produce evidence. The dispute has to be decided in accordance with law by considering the evidence. An authority or a tribunal would be considered a court only if it fulfils all these attributes.
Going by this definition, even a Returning Officer deciding on the validity of the nomination papers under the Representation of People Act is considered to be a court. Similarly, even an Assistant Registrar under the Cooperative Societies Act is considered to be a court under the Contempt of Courts Act.

Click Here for the full article by Jehangir Gai

How to get justice from errant service or goods providers?

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Redressal of consumer complaints can entail approaching the insurance ombudsman, the consumer courts and even taking help of social media, RTI and police complaints. There are options available today to build pressure on errant service or goods providers so that they do the needful

 

A letter from Mohan Siroya, chairperson of the Consumer Complaints Cell, gives three examples of consumer power success using the help of the insurance ombudsman, Right to Information (RTI), social media activism and police complaints. Today, justice will be served if you are persistent in your efforts to pursue the errant service or goods provider. A consumer court may not be able to help in the absence of the postal address, but alternate means exists.

Click Here for more………

 

Computer institute fined Rs 94k for refusing refund

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A consumer forum has directed MET-Institute of Computer Science to return the course fee of Rs 62,200 to a Worli student who had to withdraw from a postgraduate course after he failed to clear his BSc exam. The institute will also have to pay the complainant, Chetan Prakash, Rs 32,000 as compensation for harassment.

The Mumbai Suburban District Consumer Disputes Redress Forum pointed out that the student had not withdrawn the admission after securing a seat in another institute but had done so after he failed his exams. Under such circumstances, not refunding the fees would amount to deficiency in service, said the forum.

Click Here for the full story

District consumer forum orders HSBC Bank to pay Rs 25,000 for deficiency in service

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The consumer forum directed the bank to issue a no-dues certificate to Delhi-resident Vinay Chola and to reconsider a fresh card for him. The forum also awarded him compensation of Rs25,000 towards litigation charges and harassment caused to him
The New Delhi District Consumer Disputes Redressal Forum has ordered Hongkong and Shanghai Banking Corporation (HSBC) to pay Rs25,000 as compensation to one of its former credit card holders for not getting his name removed from a defaulters list even after he cleared all his dues.

 

The consumer forum observed that once the card holder paid all the dues, the bank should have closed the accounts and informed the Credit Information Bureau (India) (CIBIL) that nothing was outstanding.

Click Here for the full story

S.E.C. Opens Investigation Into Herbalife

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The Securities and Exchange Commission is adding to the scrutiny of Herbalife, the nutritional supplements company that has been a favorite target of prominent hedge fund short-sellers.

The agency’s enforcement unit has opened an investigation into the company, according to a person briefed on the matter. The inquiry, which is being run out the S.E.C.’s New York office, is likely to examine the company’s sales practices. Herbalife operates through a network of independent resellers who are incentivized to recruit others.

Click Here for the full story