Consumer

Car Parking : Hotel Liability

Car Parking : Hotel Liability In a recent ruling, the Supreme Court has held that hotels have liability to compensate guests if their car parked by a valet gets stolen even if the free parking tokens provided to guests clearly disown any responsibility of management for theft of vehicles. Synopsis A Guest G used Valet Parking of a hotel H. The parking tag provided to him read : Important condition: This vehicle is being parked at the request of the guest at his own risk and responsibility in or outside the Hotel premises. In the event of any loss, theft…
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Consumer

Medical Negligence-Vicarious Liability of Doctors

Medical Negligence-Vicarious Liability of Doctors Vicarious Liability of Doctors Vicarious liability of doctors is a matter of serious concern to doctors as well as patients. Vicarious is defined as ‘acting or done for other’. During a normal medical procedure involving surgery, there are a number of people involved. There is, of course, the ‘Head’ or the ‘main’ doctor , under whose supervision the patient is undergoing treatment. Besides, there are assistant doctors, anesthetists, even Interns who attend to gain experience, nurses etc. Each of them may be tasked by different responsibilities. In this situation, a defense may be taken by…
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Consumer

Consumer Protection Act 2019-Salient Changes

Consumer Protection Act 2019-Salient Changes Consumer Protection Act 2019- from Caveat Emptor to Caveat Venditor Consumer movement that includes advocacy and protection has had a long history. Notables in the field from 18th century onwards include Herbert Hoover , Upton Sinclair and Ralph Nader. The 35th president of United States in a speech on 15th March 1962 spoke about four basic rights of consumers namely right to safety, right to be informed, right to be heard and right to choose. In ancient India as well welfare and protection of consumers finds mention at many places. Manu Smriti, for instance, stressed…
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Consumer

Long, Long, Looooong Road to Justice, Indian Ishtyle !

Justice Delayed is Justice Denied ! Justice Delayed is Justice Denied - so said Gladstone, and oft repeated by all the Wise (w0)men ! But there is Law,there are Lawyers and then there is the Complainant who hardly has any knowledge of law,except that he has been wronged and a law exists, hopefully to help him. Here is what happens. An example of a personal experience at a Consumer Court , repeated innumerable times in Indian Courts, I am sure. See carefully the attempts made. So that you can be forewarned what can / may happen in Courts. Who is…
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Consumer

Forgery of Medical Records – what recourse ?

  Medical Negligence - a crime committed behind closed doors, on the uninformed and the unconscious !! By organizations with whole teams of lawyers ready to resort to all tactics to suppress justice opposing complainants generally not aware of even the basics of law, what to talk  of medical jurisprudence !  By those who think they can even commit forgery of medical records and get away - and mostly do ! Because the hapless patient has no recourse ! With others conspiring  to help out their "brothers" !   Yet, in some cases, justice is done. As in this case.…
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Consumer

Risks- does your Doctor tell ? If not, it still is yours !

Risks-is Your Surgeon gambling with your life ?   Is your Doctor playing Dice with you ? The  Risks are yours ! It is bounden duty of a Doctor to tell his patient pros and cons - including Risks - of treatment suggested by him. Plain common sense, backed by law and several cases. However, sometimes the Doctor/ Surgeon errs grossly on this. Reasons ? Money or sheer incompetence / overconfidence. Who pays ? The Patient. For a lifetime, many While there is a whole plethora of cases similar, they still do not seem to stop. In one of the…
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