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Competition law and Consumerism:
In the pursuit of globalization, India has responded to opening up its
economy, removing controls and resorting to liberalisation. The natural
corollary of this is that the Indian market should be geared to face
competition from within the country and outside. The Monopolies &
Restrictive Trade Practices Act, 1969 has become obsolete in certain
respects in the light of international economic developments relating
more particularly to competition laws and there is a need to shift our
focus from curbing monopolies to promoting fair competition. A broad
definition of competition is a situation in the market in which firms
or sellers independently strive for the buyers’ patronage in order to
achieve a particular business objective. The law aims to promote
healthy competition. It bans anti-competitive agreements between firms
such as agreements to fix prices or to carve up markets, and it makes it
illegal for businesses to abuse a dominant market position.
Judicial Interpretation of Medical Negligence under Consumer Protection:
Medical profession is one of the most oldest professions of the world
and is the most humanitarian one. There is no better service than to
serve the suffering, wounded and the sick. Aryans embodied the rule
that, Vidyo narayano harihi (which means doctors are equivalent to Lord
Vishnu). Since long the medical profession is highly respected, but
today a decline in the standard of the medical profession can be
attributed to increasing number of litigations against doctors for being
negligent narrowing down to medical negligence. Hospital managements
are increasingly facing complaints regarding the facilities, standards
of professional competence, and the appropriateness of their therapeutic
and diagnostic methods. When incidents like these began to rise,
Consumer the King:
The consumer protection in India is not a post modern thought, it has
evolved through centuries. Its roots can be found in Manu Smiriti.
Consumer Protection has had relevance since the existence of consumers
in India. Manu smriti lays out a charter of ethics for sellers on how to
sell consumer products to consumers. It also specifies the penalties
that must be handed out to sellers who are unethical in their actions.
Manu Smriti prohibits the mixing of one commodity with other. It also
mandates proper disclosure of quantity and quality. In itself Manu
Smriti does not focus on consumer protection but does show the concern
of ancient society on consumerism matters.
Consumer Protection Act, An analysis of Branch
Office:
Section 11 of the Consumer Protection Act states:
"(2) A complaint shall be instituted in a District Forum within the
local limits of whose jurisdiction," (a) the opposite party or each of
the opposite parties, where there are more than one, at the time of the
institution of the complaint, actually and voluntarily resides or
2 [carries on business or has a branch office or] personally works for
gain, or (b) any of the opposite parties, where there are more than one,
at the time of the institution of the complaint, actually and
voluntarily resides, or 3 [carries on business or has a branch office],
or personally works for gain, provided that in such case either the
permission of the District Forum is given, or the opposite parties who
do not reside, or 4 [carry on business or have a branch office], or
personally work for gain, as the case may be, acquiesce in such
institution; or (c) the cause of action, wholly or in part, arises.
Product Liability: Who is liable?
Product liability and consumer protection laws both differ from country
to country. But the basic reasoning behind this is to deal with the
protection and safety of consumer, even if the damage is caused by
consumer’s own negligence. The first general issue that arises from the
product liability is that, what should be the criteria for this and what
should be the limit to decide, that the defect in a product can harm any
consumer
Instances of Disingenuous Advertisements &
Consumers:
The sway of advertisements on consumer picking is incontrovertible. And
it’s this information that makes it very important that advertisements
be fair and truthful. Misleading and false advertisements are not just
unscrupulous; they warp competition and of course, consumer choice.
False and misleading advertisements in fact violate several basic rights
of consumers: the right to information, the right to choice, the right
to be protected against unsafe goods and services as well as unfair
trade practices.
Special
& Differential Treatment in WTO:
The WTO Agreements containing special provisions give developing
countries special rights and developed countries the possibility to
treat developing countries in a more favoured way than other WTO
Members. The provisions include, things like, longer time periods for
implementing Agreements, commitments or measures to increase trading
opportunities for developing countries.[1] Such provisions are referred
to as
special and differential treatment
provisions
A Vision of Food:
Our personal consumer choices have ecological, social, and spiritual
consequences. It is time to re-examine some of our deeply held notions
that underlie our lifestyles-David Suzuki Importance of Food:
Food is an important part of religious observance and spiritual ritual
for many faiths including Christianity, Judaism, Islam, Hinduism and
Buddhism. The role of food in cultural practices and religious beliefs
is complex and varies among individuals and communities....
Consumer Justice In India:
In our day to day life we become consumer through buying goods or
services. In the era of science & technology globalization,
urbanization and modernization developed rapidly, which resulted into
vast competition in market. The traditional view of buying goods and
particular services changed and many products, services, and
professions came under widened scope of consumer law. As a consumer we
have much concern about the money, choice, health and safety of the
life. Market is always dominated by the sellers and their attitude
towards consumer as weaker section. In last few years’ market is found
to be influenced by the false, misleading advertisements or
representations, bargaining, offering gifts, prizes, contests and
hoardings attracting public for product or services...
Special & Differential Treatment in WTO:
The WTO Agreements containing special provisions give developing
countries special rights and developed countries the possibility to
treat developing countries in a more favoured way than other WTO
Members. The provisions include, things like, longer time periods for
implementing Agreements, commitments or measures to increase trading
opportunities for developing countries. Such provisions are referred
to as special and differential treatment provisions....
The Consumer Protection (Amendment) Act:
The year 1986 is a ‘Magna Carta’ in the history of Consumerism. It was
this year that witnessed the enactment of the Consumer Protection Act.
The first ever legislation in India of its kind which solely aimed at
the grief staken consumers who the victims of the unfair trade
practices and sub standard services rendered to them. The preamble to
this Act reads as follows: An Act to provide for better protection of
the interests of the consumers and to make provisions for the
establishment of consumer councils and other authorities for the
settlement of consumers’ disputes and fpr matter connected therewith.
Thus the preamble to this Act makes the intention of the framers of
this Act crystal clear...
Maximum Retail Price:
Under the Weights and Measures (Packaged Commodities) Rules, all
packed goods should carry certain essential information on the
contents of the package, such as its weight or volume, the name and
address of the manufacturer, the date of manufacture, and in case of
food packages, the best before date and, of course, the maximum retail
price (MRP). Under the Consumer Goods (Mandatory Printing of Cost of
Production and Maximum Retail Price) Act, 2006, certain guidelines has
been provided so that the consumer can not charged over to the maximum
price printed on the goods by the manufacturer...
Consumerism in the Globalize world:
It would be in fitness of the fact to recall the greatest of Arab
historians, Ibn Khaldun saying: That in civilization there is a
limit that cannot be overstepped. When prosperity and luxury come to a
people, they are followed by excessive consumption and extravagance,
with which the human soul itself is undermined, both in its worldly
well-being and in its spiritual life [1] particularly in context of
globalization, liberalization and consumerism in India. This is what
happening in India under the auspices of MNCs and trade policies of
developed countries which are supposedly formulated to devour the
third world consumer kingdom........
Unethical Drug Promotion - An Emerging Threat
for the Indian Society:
What Is Unethical Drug? The main objective of ethical criteria for
medicinal drug promotion is to support and encourage the improvement
of health care through the rational use of medicinal drugs. In this
context the ethical criteria start from the validity of the drug
itself: is the drug or combination of drugs rational. According to a
World Health Organization (WHO) survey, 35% of the world's spurious
drugs are produced in India, which has a Rs. 4,000-crore fake drugs
market, the largest in the world...
Consumer Protection Act, 1986: 2002 Amendments-
Laurels and Loopholes:
It would not be an exaggeration to point out that the Consumer
Protection Act, 1986, is one of the most important legislations that
governs the life of every human being in his transactions with the
society for availing goods and services provided by others. It not
only comes into daily use but prevents the exploitation of common man,
the consumer, at the hands of the affluent and moneyed business man or
service provider. Hence any change or amendment whatsoever, in the Act
directly affects the common people thereby needing a close scrutiny of
the amendments thereto...
Services - Consumer Protection Act:
Consumer is the purpose and most powerful motivating force of
production, yet at the same time consumer is equally vulnerable
segment of the whole marketing system. Attempts have been made to
guard the interest of the consumer. In 1986, Government of India
enacted a comprehensive legislation-Consumer Protection Act, to safe
guard the interest of the consumer. The Consumer Protection Act, 1986,
applies to all goods and services, excluding goods for resale or for
commercial purpose and services rendered free of charge and under a
contract for personal service. The provisions of the Act are
compensatory in nature. It covers public, private, joint and
cooperative sectors.
Analyzing The Consumer Protection (Amend) Bill,
2002:
The Consumer Protection (Amendment) Bill, 2001 was introduced in the
Rajya Sabha on 26th April 2001. After certain amendments the Consumer
Protection (Amendment) Bill, 2002 was passed by the Rajya Sabha at its
sitting held on 11th March, 2002 and was referred to the Lok Sabha. At
its sitting held on 30th July 2002, the Lok Sabha passed it with
certain amendments. The Bill so passed was returned to the Rajya Sabha
with those amendments for its consideration of them. The Bill could
not be taken up for consideration on 6th August 2002, as the House
stood adjourned that day without transaction of any business. The Bill
may now be moved before the Rajya Sabha only during its next
session...
Phenomenon Of Consumerism:
Today, consumer is called the king of the market. He is at the centre
stage of all market activities. It is constant endeavour of producers
that the production of product must conform to the needs of consumer.
In addition to the satisfaction of consumer, it also the endeavour of
producer that their sale should be maximum. They, therefore try to
increase their sales by all possible means. Some of the means adopted
to increase sale are such as to serve both the producers and the
consumers. On the other hand, some of the methods adopted to increase
the sale are such as to sub serve the interest of producers but the
same against the interest of consumer. In other words the consumers
are exploited...
Criminalization of Politics:
After 60 years of India’s
independence the lives of commoners is far worse than under Britishers.
The benefits of independence have reached only few, thus creating
islands of few ultra rich people surrounded by vast sea of utterly
poor. The rich people in nexus with those in power are getting
favourable laws enacted to suit their ends. Those in power are
shamelessly enjoying 5-star luxuries all at tax payer’s expense, while
more then 50 million are starving to death. The criminalization of
politics, executive & judiciary is almost complete. The corruption has
spread its tentacles far & wide, there is corruption from womb to
tomb, from maternity hospital to grave yard. The injustices mated out,
the atrocities perpetrated by public servants are worse than
Britishers. The biggest confounding factor in the political
environment of business is criminalization of politics: people with
criminal backgrounds becoming politicians and elected representatives.
Around 20% of the members of the current Lok Sabha have criminal cases
pending against them. The charges in several of these cases are of
heinous crimes such as murder, robbery, kidnapping, and not just
violation of Section 144, or something similar....
Indian Domestic Arbitration:
In India, laws/rules that govern the arbitration process are laid down
in Arbitration and Conciliation Act, 1996. But the act itself does not
give any right to any party unless parties have entered into an
arbitration agreement/contract for adjudication of dispute(s)/difference(s)
by way of arbitration. Section 2(1) (b) of the act says that an
arbitration agreement means an agreement referred to in section 7.
Section 7(1) further states that an arbitration agreement means an
agreement by the parties to submit to arbitration all or certain
disputes which have arisen or which may arise between them in respect
of a defined legal relationship, whether contractual or not. The act
does not prescribe any formal form for arbitration agreement. It says
that “an arbitration agreement may be in the form of an arbitration
clause in a contract or in the form of a separate agreement” like any
other agreement- Section 7(2). But an arbitration agreement shall be
in writing - Section 7(3). Here the term “writing” has special meaning
that has been clarified in sub-section 4 of section 7....
Fourth Estate:
The stance taken by Delhi High court against the Mid day journalists
for allegations against ex-chief justice Y.K.Sabharwal had taken many
by surprise ruffling the feathers of big brains of the country and
small brained social observers alike. The media played its role well
in accordance with the spirit of giving the right information at the
right time. But coupled with the contempt proceedings initiated by the
HC it has raised many questions in the intellectual circles as to what
is of greater importance - the free judiciary or a free press. Should
judiciary be left alone to freely execute its functions as enjoined by
the Constitution and statutes emanating from it and to deal with
malfunctioning on its own or the press should be given a free rein to
criticize every action of state organs...
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(Consumer laws in India -
Consumer lawyers in India)
Section 2 (d) of the Consumer Protection Act, 1986, defines ‘consumer’ as any
person who-
(i) buys any goods for a consideration which has been paid or promised
or partly paid and partly promised, or under any system of deferred payment and
includes any user of such goods other than the person who buys such goods for
consideration paid or promised or partly paid or partly promised, or under any
system of deferred payment when such use is made with the approval of such
person, but does not include a person who obtains such goods for resale or for
any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been
paid or promised or partly paid and partly promised, or under any system of
deferred payment and includes any beneficiary of such services other than the
person who 1[hires or avails of] the services for consideration paid or
promised, or partly paid and partly promised, or under any system of deferred
payments, when such services are availed of with the approval of the
first-mentioned person.
In our day to day life we become consumer through buying goods or
services. In the era of science & technology globalization, urbanization and
modernization developed rapidly, which resulted into vast competition in
market. The traditional view of buying goods and particular services changed
and many products, services, and professions came under widened scope of
consumer law. As a consumer we have much concern about the money, choice,
health and safety of the life. Market is always dominated by the sellers and
their attitude towards consumer as weaker section. In last few years’ market is
found to be influenced by the false, misleading advertisements or
representations, bargaining, offering gifts, prizes, contests and hoardings
attracting public for product or services.
Therefore, keeping view of consumer interest legislative and judicial
contributions played a significant role in consumer justice. There is need to
prevent exploitation of consumer from these sales, manufacturing or unfair
trade practices. The scope of the Act extended to public services & utilities
also - - says
Nagnath Chandrakant Borphalkar
(Consumer laws in India) |
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Supreme Court Decisions on
Consumer Cases
New India Assurance Company
Limited v Abhilash Jewellery
The complainant/respondent, who had taken a jeweller's block policy,
lodged a claim with the opposite party insurer for loss of gold ornaments.
The insurer repudiated the claim on the ground that the loss occurred when
the gold was in the custody of an apprentice, who was not an employee
(because the policy stipulated that for indemnification of the loss, the
property insured had to be "in the custody of the insured, his partner or
his employee"). The National Commission allowed the complaint holding that
an apprentice was an 'employee' since section 2(6) of the Kerala Shops and
Commercial Establishments Act (as well as some other statutes) defined an
'employee' to include an 'apprentice'. The Supreme Court, however, held
that the word 'employee' in the contract of insurance mentioned had to be
given the meaning in common parlance. The definition in the local Act,
including an 'apprentice' in the category of 'employee', was only a 'legal
fiction', which is a concept in law and could not be applied to an
insurance contract. The Court, therefore, allowed the appeal....Click
here for complete judgment
Karnataka Power Transmission Corporation v Ashok Iron Works Private
Limited
The appellant corporation contended that the complaint filed by the
respondent was not maintainable as (i) a company is not a 'person' under
section 2(1)(m) of the Consumer Protection Act, 1986 (CPA); (ii) the
complainant is not a 'consumer' within section 2(1)(d) of the said Act
since it purchased electricity for commercial production; and (iii)
disputes relating to sale and supply of electricity were not covered under
'service' under section 2(1)(o) of the CPA. The Apex Court rejected the
appellant's contention that a company was excluded from the definition of
'person'. In this, the Court relied upon the English Court decision in
Dilworth v Commissioner of Stamps
Click here for complete judgment
HDFC Bank Limited v Balwinder Singh
The complaint was of the bank, or its loan recovery agent, employing
musclemen to take forcible repossession of the hypothecated vehicle and
thus causing physical harassment and mental trauma to the complainant. The
District Forum allowed the complaint and directed the bank to pay
compensation of Rs. 4 lakh for repossessing the vehicle in this manner and
reselling it to a third party. The State Commission confirmed the order in
appeal. Dealing with the bank's revision petition, the National Commission
expressed shock that the bank had hired musclemen directly or through its
recovery agents.
Click here for complete judgment
Malka Tarannum v Dr. C. P. Gupta
The District Forum allowed the complaint of the complainant that there was
negligence in applying (the first) plaster cast on the complainant's
daughter's fractured hand, which led to the need to apply the plaster for
the second time. In appeal, the State Commission dismissed the complaint
and also held that the complainant was not a consumer since he was not
charged any fee for the treatment. In revision, the National Commission
held that application of the plaster for the second time did not imply
medical negligence on the first occassion since application of POP slab
(also known as temporary cast) was a normal procedure adopted in the first
instance whenever there was swelling at the site of the injury. Relying on
the Supreme Court decision in Jacob Mathew v State of Punjab and Another
[(2005) 6 SCC 1], the Commission observed that the doctor who had applied
the plaster in the first instance was a senior orthopaedic specialist with
considerable experience and the complainant could not dispute his
professional decision on the basis of mere allegations, without any expert
evidence.
Click here for complete judgment
Arvind Shah (Dr.) v Kamlaben Kushwaha
The complainant alleged that her deceased son, aged 20 years and otherwise
healthy, died as a result of medical negligence on the part of the
appellant doctor (original opposite party) who administered wrong
treatment. The State Commission awarded to the complainant a compensation
of Rs. 5 lakh with interest and costs. In appeal, the National Commission,
on consideration of the material on record, came to the conclusion that
the two medical prescriptions, which the doctor sought to deny, could have
been written only by him. It also observed that though, in the appeal, the
doctor admitted for the first time to having treated the patient; he did
not produce any prescription on record. More important, the two
prescriptions available on record did not mention any of the patient's
complaints/symptoms, the doctor's clinical observations on examining the
patient.
Click here for complete judgment
Sehgal School of Competition v Dalbir Singh
The complainant sought refund from the opposite party's coaching school
after only one year of the two-year course on the ground that the coaching
was not up to the mark. The District Forum directed refund of the fees and
the opposite party's appeal was dismissed. In revision, the petitioner
contended that payment of lump sum fees for two years was a condition (of
the contract) that and no part of the fees could either be refunded or
transferred under any circumstances. The Commission held that this
condition was one sided and biased in favour of the opposite party,
against natural justice.
Click here for complete judgment
Medical Superintendent, St. Gregorious Mission Hospital v Jessy &
Another
The District Forum awarded Rs. 2.75 lakh along with interest to the
complainants, viz., the wife and daughter of the deceased since the
opposite party hospital had been negligent in not providing due care on
account whereof the deceased who was undergoing alcoholic psychosis
treatment for de-addiction of drugs, had committed suicide by hanging in
the hospital. In its revision petition, the hospital contended that it was
impossible to provide 24-hour service to look after the affairs and needs
of each patient. The National Commission held that the patient was allowed
to move away on his own from his ward into an empty ward without being
noticed by the nurses and ward boys. The patient hung himself with lungi
which was not noticed
Click here for complete judgment
Life Insurance Corporation of India v Gowramm
The petitioner insurer repudiated the life insurance policy in the name of
the respondent's late husband (insured) on the ground of deliberate
misstatements and withholding of correct facts regarding the health of the
insured. The lower Fora rejected the various contentions of the insurer
and allowed the complaint. Before the National Commission, the insurer
relied upon the Commission's decision in L.I.C. of India and Another v
Parveen Dhingra [II (2003) CPJ 70 (NC)] and contended that revival of the
policy constituted a new contract between the parties and the limitation
period of two years
Click here for complete judgment
Narinder Kumar Suneja v R.K. Goel
In revision, the petitioner who was a lawyer claimed that he was entitled
to retain the fee which he took from the respondent since the respondent
had executed the power of attorney/vakalatnama and handed over some papers
to the petitioner in connection with a proposed case to be filed. He
claimed having wasted valuable time when the respondent met and sought
expert advice. The National Commission referred to the order of the State
Commission which, in turn, referred to the District Forum's order holding
that the opposite party (petitioner) was not entitled to retain the fee
when he did not perform the duty for which the fee was meant and that a
complaint made by the complainant to the Bar Council related only to
misconduct on the part of its member (i.e., petitioner) whereas the
Consumer Fora were required to determine whether proper service had been
rendered or not. The Commission relied upon D.K. Gandhi v M. Mathias [III
(2007) CPJ 337 (NC)] in holding that deficiency
Click here for complete judgment
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Rajasthan Financial Corporation v M.K. Bhoot & Another
The complainant/respondent participated in an auction conducted by the
petitioner for moveable and immoveable properties. The complainant
deposited the requisite sum/earnest money at the time of making his bid,
which bid was then accepted. Due to non-payment of 25% of the bid amount,
the sum/earnest money was forfeited. The District Forum dismissed the
complaint for refund of the earnest money but the State Commission allowed
the appeal.
Click here for complete judgment
K. A. Bhandula & Another v Indraprastha Apollo Hospital & Others
Complainant no. 1 (a patient of nasopharyngeal cancer) made various
allegations of medical negligence against the opposite party hospital and
consultant doctor. The National Commission partly allowed the complaint
holding first that the hospital was negligent in not duly preserving the
biopsy tissue sample (in formalin) after the opposite party consultant
doctor carried out the biopsy of the nasal tumour of the complainant. It
rejected the hospital's plea of mere 'human error.' In this the Commission
relied on the Supreme Court decision in Savita Garg v. Director, National
Heart Institute [IV (2004) CPJ 40 (SC)].
Click here for complete judgment |
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Important Supreme court Decisions on
medical Negligence
Juggankl~an v State of lVladhya Pradesh
The appellant, a registered Homoeopathic medical practitioner under
the Madhya Pradesh Homoeopathic and Bio-chemic Practitioners Act,
1951, issued a pamphlet advertising that he inter alia treated
Naru (guinea worm). Believing this, Smt. Deobi, aged about 20 year
visited the appellant's clinic. along with some member: of her family,
for treatment. The appellant administered 24 drop. of mother tincture
stramonium and a leaf of dhatura
Click here for complete judgment
Dr.-Laxman Balkrishna Joshi v Dr. Trimbak Bapu Godbole & Another
The son of respondent 1 met with an accident which resulted in the
fracture of the femur of his left leg.. After some nominal treatment by
a local physician, the injured son was taken to Pune and ultimately to
the appellant's hospital. The appellant prescribed two injections of
morphia and Hyoscine Hvdrobromide at an hour's interval but only one
injection was administered. After the x-ray, the boy was taken to the
operation theatre where his injured leg was put in plaster splints and
then he was moved to a room. Subsequently, the boy developed
difficulty in breathing and cough and his condition deteriorated. He
expired the same night, in spite of the emergency treatment
administered by the appellant. The appellant issued a certificate
stating that the cause of death was fat embolism. Respondent no.1
filed a case of tortuous damage against the appellant surgeon inter alia
Click here for complete judgment
A.S. Mittal and another V State of UP and Others{ (1989) 3 SCC 223)
In a public interest litigation filed under Article 32 of the
Constitution, the Apex Court considered the mishap in an 'Eye Camp'
at Khurja, Uttar Pradesh organised by the Lion Club with permission of the
state
Government in which one Dr. R.M. Sahay of Sahay Hospital, Jaipur and hi
team of doctor performed ophthalmological surgeries. About 108 patient
were operated upon of which 88 underwent cataract surgery. However, at
least 84 persons suffered permanent damage to their operated eyes. It
was said that in a similar camp conducted by the same team of doctors
in Moradabad, there were 15 casualties.
Click here for complete judgment
Indian Medical Association v V.P. Shanta and Others
A three-Judge Bench of the Apex court considered the important
question whether and, if so, in what circumstances, a medical
practitioner could be regard d as rendering' service' under section 2(
1)( 0) of the Consumer Protection Act,1986 and whether the services
rendered at a hospital/nursing home could also be regarded as
'service.' Relying upon it decision in Lucknow Development Authority
v, M.K. Gupta. (1994) 1 SCC 243 (where it was held that the
definition of 'service' in the Act was very wide), the Court
rejected the argument that only 'occupation' and not 'profession'
was covered within the term 'service' and so services rendered by
medical practitioners were outside the purview of section 2(1)(o). It
also rejected an alternate argument that 'service' contemplated under
the Act was of the "institutional type which was really
commercial enterprise open available to all who seek to avil
thereof"
Click here for complete judgment
Achutrao Haribhau khodwa & others v State of Maharashtra & others
The appellant' suit was that after a simple sterilization operation
performed by the respondent doctor, the patient developed high fever
and acute pain and her condition deteriorated. On another surgeon
reopening of the wound of the first operation, he found that a mop
(towel) had been left inside which had led to formation of pus.
Despite the econd surgery, the patient died. The second surgeon was
produced as the Appellants' witness
Click here for complete judgment
Poonam Verma v Ashwin Patel & others
Respondent 1 doctor had a Diploma in Homeopathic Medicine and surgery.
He administered allopathic drugs for viral fever and then typhoid
fever to the patient who was subsequently shifted to a nursing home
where he died, After the dismissal of the complaint, the complainant
filed appeal to the Supreme Court. The Court found that respondent 1
was registered as a medical practitioner with the Gujarat Homeopathic
Medical Council but not under the Allopathic system.
Click here for complete judgment
Spring Meadows Hospital & another v Harjol Ahluwalia through K.S.
Ahluwalia & Another
In this complaint of the minor child through his parents before the
National Commission. it was contended that the child was admitted to
the appellant hospital as in-patient with diagnosis of typhoid. The
nurse asked the child's father to purchase the injection Inj. Lariago
recommended by the Senor Pediatrician to be
administered intravenously. When the nurse administered the
injection, the child collapsed immediately. The resident doctor found
that the child had. suffered cardiac arrest and he attempted to
resuscitate the child by manual pumping.Click
here for complete judgment
(Consumer laws in India) |
Consumer Forum:
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