CONSUMER awareness NAME: SATYAM CLASS: 10 SECTION: A SUBJECT: SOCIAL SCIENCE PROJECT SCHOOL: SUNBEAM ENGLISH SCHOOL, BHAGWANPUR, VARANASI
certificate This is to certify that Mr. Satyam of Class X-A of Sunbeam English School, Bhagwanpur, Varanasi has completed his project under my supervision. He has taken proper care and utmost sincerity in completion of the project. I certify that this project is up to my expectation and as per the guidelines issued by CBSE, New Delhi .
acknowledgement It is a pleasure for me to acknowledge my gratitude to the people who have tremendously helped me in making this very project. The suggestions given by my subject teacher were immensely helpful. The references from the internet helped me equally. I am fortunate enough to have all these great minds around me to help me.
INDEX S. NO. TITLE SLIDE NO. 1. INTRODUCTION 5 2. SOME CONSUMER RIGHTS IN INDIA 7 3. CASE STUDY 9 4. CONCLUSION 13
introduction CONSUMER RIGHTS Consumer rights is ‘the right to have information about the quality, potency, quantity, purity, price and standard goods or services’, as it may be the case, but the consumer is to be protected against any unfair practices of trade. It is very important for the consumers to know their rights. Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against any unfair practices in the marketplace. Consumer protection measures are often established by law. A new and modified Consumer Protection Act was passed by the Parliament of India in 2019.
Some consumer rights in india Right to be Informed- About the goods and services that they purchase. Right to Choose- Any consumer who receives a service, irrespective of age, gender has the right to choose whether to continue the service or not. Right to Seek Redressal- Against unfair trade practices and exploitation. Right to Represent- Consumers can represent themselves in consumer courts. Right to Safety- Right to be protected against the marketing of hazardous and unsafe goods and services.
CASE STUDY-RIGHT TO CHOOSE Spring meadows hospital vs Harjot Ahluwalia This landmark case arises out of a complaint against Spring Meadows Hospital, where the minor child-Harjot Ahluwalia was admitted by his parents. The child was diagnosed with typhoid and was injected a solution by a nurse after which his condition deteriorated. He was shifted to an auto respiratory ICU at AIIMS, where it was found that due to the injection administered, his brain got damaged and he would only live in a vegetative state of life. The parents of the child approached the court for a case of medical negligence and demanded compensation on behalf of child.
Arguments by the nurse and the hospital There was no medical negligence as the nurse was professionally qualified. The solution of injection administered was already being given in the oral form, hence the nurse did not do any test for injection. The nurse did no exercise any independent decision, was only acting as per directions of the pediatrician. The hospital also argues that compensation cannot be claimed twice, by both the child and his parents. The hospital also sought refuge in the fact that after the child was declared vegetative by AIIMS, they volunteered to offer medical services without charge to the parents.
Court’s verdict The court while making a case for gross negligence quashed these arguments and held the hospital responsible, for the medical college of the nurse had no affiliation, the injection overdose had led to the child’s brain damage and there was no resident doctor present. Definition of consumer wide enough to cover the beneficiary: When a young child is taken to a hospital by his/her parents and the child is treated by the doctor, the parents would come within the definition of the consumer having hired the services, and the young child would also become a “consumer” under the inclusive definition.
Court’s verdict Compensation can justifiably be claimed by both parents as well as the child: The court states that the child is justified in seeking compensation for the recurring medical expenses, equipment, etc., for the vegetative state he is rendered in. The parents are also, as beneficiaries entitled to seek compensation for the pain, acute mental agony and lifelong care that they’d be required to give to the child. As a result, the court upheld the compensation of Rs.17.5 lakhs awarded by the National Commission, which was also the highest amount ever awarded until the case was decided in 1997.
conclusion CONSUMER PROTECTION IN INDIA In India, consumer protection is specified in The Consumer Protection Act, 2019. Under this law, Separate Consumer Dispute Redress Forums have been set up throughout India in each and every district in which a consumer can file his complaint on a simple paper with nominal court fees and his complaint will be decided by the Presiding Officer of the District Level. The complaint can be filed by both the consumer of a goods as well as of the services. An appeal could be filed to the State Consumer Disputes Redress Commissions and after that to the National Consumer Disputes Redressal Commission (NCDRC).The procedures in these tribunals are relatively less formal and more people friendly and they also take less time to decide upon a consumer dispute when compared to the years-long time taken by the traditional Indian judiciary. In recent years, many effective judgments have been passed by some state and National Consumer Forums.