The Right To - NLSIU, Bangaloreclap.nls.ac.in/wp-content/uploads/2013/01/cnews.pdf · The Consumer...

MARCH OF CONSUMER LAW AND PRACTICE(Bi-Annual)

(Vol.VI Issue 1)January 2013- June 2013

For Citation: March of Consumer Law and Practice, NLSIU, 2013, (Vol. No. VI, Issue No.1)

ISSN 0975-9700

Chair on Consumer Law and Practice National Law School of India University,Bangalore, Karnataka

Ministry of Consumer Affairs,Food & Public Distribution,

Department of Consumer Affairs, Government of India, New Delhi

CONTENTS

From the Vice-Chancellor’s Desk .......................01

From the Editorial Desk .................................... 02

Activities & Publications of the Chair ............... 03

Policy/Legislation/ Bill Update ........................... 05

Updates on Consumer Law Cases ..................... 07

Books & Articles Alert! ..................................... 11

Web Alert! ....................................................... 12

P.G. Diploma in Consumer Law & Practice ........ 15Editorial AssistantMrs. Anita A. PatilMr. Vivek Shukla

Chief EditorProf. (Dr.) Ashok R. Patil

Shri Afzal Amanullah, Special Secretary, Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs, Government of India, New Delhi visited to NLSIU on 19-06-2013

Prof.(Dr.) Ashok R.Patil presented a paper on “Tobacco Advertising Promotion & Sponsorship” at International Legal Consortium Seminar of the Campaign for Tobacco free kids at Washington DC from 24th -28th June 2013

To,

FromCHAIR ON CONSUMER LAW AND PRACTICE [CLAP]National Law School Of India UniversityNagarabhavi, Bangalore - 560 242.Website : www.nls.ac.inCLAP Website : http://clap.nls.ac.inE-mail : [email protected]: 080-23160534

The Right To

Be HeardBe Informed

Choose Consumer Education

Safety

The One day workshop was jointly conducted by Chair on Consumer Law and Practice, NLSIU, Bangalore Electricity Supply Company [BESCOM] & Consumer Rights Education & Awareness Trust

[CREAT] on “Facilitating Civil Society Coalition on Electricity Governance & Consumer Justice Now!” on 15th March 2013 at NLSIU, Bangalore.

Prof.(Dr.) Ashok R.Patil presented a paper on “Business: Consumer Rights are Human Rights”

at the International Association of Law Schools (IALS) Conference on 6th to 8th March 2013

at Infosys Global Education Center, Mysore.

Chair on Consumer Law and ParCtiCe, nationaL Law sChooL of india university, BangaLore

It delights me to make a mention about the activism of the Chair on Consumer Law and Practice in general and the Student Activism in particular in taking all the issues relating to consumers. The present Newsletter of Consumer Law Chair once again brings to therefore the emerging issues and developments in the ever growing consumer jurisprudence.

The pages are adorned by reference to the multifarious activities of the Consumer Law Chair whose focus on providing efficient services to Consumer has been remarkable.

I congratulate Prof.(Dr.) Ashok R. Patil, Chair Professor of Consumer Law and Practice, and his wonderful team for bringing about another Newsletter chronicling all the latest events.

Prof. (Dr.) R. Venkata RaoVice Chancellor, NLSIU

FROM THE VICE CHANCELLOR’S DESK

| 1 |SponSored by MiniStry of ConSuMer AffAirS, food And publiC diStribution, depArtMent of ConSuMer AffAirS, GovernMent of indiA, new delhi

SponSored by MiniStry of ConSuMer AffAirS, food And publiC diStribution, depArtMent of ConSuMer AffAirS, GovernMent of indiA, new delhi

NLSIU Students’ PIL against Karnataka State on Implementation of Consumer Protection Act, 1986 (COPRA)

The Consumer Protection Act, 1986 (COPRA) is a Central legislation which is applicable to whole of India except Jammu and Kashmir.The Central Government can’t implement COPRA directly in all states. It is the State Governments’ duty to implement of COPRA in their States. It has come out with new programs with financial funding to states in implementation of COPRA. But State Governments are not bothered about implementing

COPRA effectively. Therefore, evenafter 25 years completion of COPRA, still consumers are exploited by the Manufactures and Service Providers. Majority of all States have not felt that it is their duty to protect the consumers in their states. By this attitude of the States, they are violating fundamental rights of every citizen to protect from exploitation. The “Consumer is King” is only in written paper and not in reality.

In this regard ‘Chair on Consumer Law and Practice’ of NLSIU has taken up empirical research on “Implemenation of Consumer Protection Act in Karnataka State” and the result of empirical research was, more than half of the 30 district consumer disputes redress forums, across the State, including the State Commission were either without a president or lacked the stipulated number of members. While there were no consumer forums in Ramanagar, Yadgir and Chikkaballapur districts, lack of administrative staff, proper infrastructure, meagre salary for members, not established District Consumer Councils and State Consumer Councils etc., there were also other issues.

On the basis of this empirical report, NLSIU students Basavana Gouda and four others filed Public Interest Litigation before the High Court of Karnataka. [In BasavanGowda Patil & Others, NLSIU vs. Govt. of Karnataka, W.P No.50856/2012]. On 3 June 2013 the High Court Karnataka after final hearing passed the following orders: (i) The State Commission has to finalize the shortlisted candidates/names of members and forward the same to the state government in a week’s time from this order; (ii) The state government will have three weeks’ time from thereon to appoint all the finalized candidates and fill up all the vacancies created.(iii) The petitioners were directed to make representations to the state government to set up an Additional Bench of the State Commission and also District Forums; (iv) The Hon’ble Court also held that the petitioners could approach the High Court again if they feel that the Act is not being implemented, and if their representation to the State Government is not responded to.

The Karnataka State Consumer Dispute Commission has taken it very seriously and given all the necessary information including selected list of members and presidents to Ministry of Food and Civil Supply, Government of India to issue appointment order but till today appointment orders are not issued. Now the only way available for consumers to protect their rights and implementation of High Court Order is to file a Contempt Case against the Government of Karnataka. It is very sad affairs of administration by the existed Government of Karnataka in implementing COPRA in the interest of public.

Prof. (Dr.) Ashok R. Patil Chair Professor, Chair on Consumer Law and Practice

FROM THE EDITORIAL DESK

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Chair on Consumer Law and PraCtiCe, nationaL Law sChooL of india university, BangaLore


1. Consumer Law And Practice (CLAP) Chair Organized Workshops, Essay Competition and Seminars

1. The One day workshop was jointly conducted by Chair on Consumer Law and Practice , National Law School of India University, Bangalore Electricity Supply Company [BESCOM] & Consumer Rights Education & Awareness Trust [CREAT] on “Facilitating Civil Society Coalition on Electricity Governance & Consumer Justice Now!” on 15th March 2013 at National Law School of India University, Bangalore

1. International papers presented by Prof. (Dr.) Ashok R. Patil

1. Prof. (Dr.) Ashok R. Patil presented a paper on “Business: Consumer Rights are Human Rights” at the International Association of Law Schools (IALS) Conference on 6th to 8th March 2013 at Infosys Global Education Center, Mysore.

2. Prof. (Dr.) Ashok R. Patil presented a paper on “Tobacco Advertising Promotion & Sponsorship” at International Legal Consortium Seminar of the Campaign for Tobacco free kids at Washington DC from 24th -28th June 2013

2. Papers Presented at National Conference by Prof. (Dr.) Ashok R. Patil & Anita Patil

1. Prof. (Dr.) Ashok R. Patil contributed his efforts in the Workshop on “Science, Technology and the LL.B Curriculum of the future” at NALSAR, Hyderabad on 31st January 2013 organized by MILAT.

2. Prof. (Dr.) Ashok R.Patil presented a paper on “Food Safety & Standard Act- Legal Perspective” at National Food Safety Forum 2013 on 28thJanuary 2013 at Bell Convention Center, Bangalore.

ACTIVITIES AND PubLICATIONS OF THE CHAIR

3. Prof. (Dr.) Ashok R. Patil participated in penal discussion of Silver Jubilee of the Consumer Protection Act, 1986 on which two day National Seminar on “Consumer Protection in India: The Way Forward” on February 1st & 2nd, 2013 was organized by the IIPA in collaboration with the Department of Consumer Affairs, Government of India.

4. Prof. (Dr.) Ashok R. Patil rendered training for Vijaya Bank Officials on Consumer Protection in Banking Sector on 21st February 2013 at NLSIU, Bangalore

5. Prof. (Dr.) Ashok R.Patil presented a paper on “Status of Consumer Forums in Karnataka – Presentation of the findings of the study” in the one day workshop jointly conducted by Chair on Consumer Law and Practice, NLSIU, Bangalore Electricity Supply Company [BESCOM], & CREAT on Facilitating Civil Society Coalition on Electricity Governance & Consumer Justice Now! on 15thMarch 2013 at NLSIU, Bangalore.

6. Prof. (Dr.) Ashok R. Patil presented a paper on “An Analysis on Consumer Education Movement” at one day workshop conducted by Kannada GrahakarKoota at Bangalore on 16th March 2013.

7. Prof. (Dr.) Ashok R. Patil presented a paper on “Progress in the field of legislation on Misleading Advertisements” at Workshop on Unfair Commercial Practice and Misleading Advertisements in India organized by GIZ (Deutsche GesellschaftfürInternationale Zusammenarbeit) on 1st – 2nd April 2013 at New Delhi.

8. Prof. (Dr.) Ashok R. Patil rendered training for Indian Economic Service on Consumer Protection Act on 11th June 2013 at NLSIU, Bangalore.

9. Mrs. Anita A. Patil, Research Assistant, Chair on Consumer Law and Practice, NLSIU presented a paper on “Competition Law and Policy” in the one day workshop jointly conducted by Chair on Consumer Law and Practice, NLSIU, BESCOM, & CREAT on Facilitating Civil Society Coalition on Electricity Governance & Consumer Justice Now! on Facilitating Civil Society Coalition on Electricity Governance & Consumer Justice Now! on 15th March 2013 at NLSIU, Bangalore.

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3. Articles Published by Prof. (Dr.) Ashok. R. Patil

1. Prof. (Dr.) Ashok R. Patil, “Consumer Protection Bill, 2011: An Analysis”, “25 Years of Consumer Protection Act: Challenges and the way forward” published by Chair on Consumer Law and Practice, NLSIU, Bangalore

2. Prof. (Dr.) Ashok R. Patil, “Consumer Protection in Educational services”, published in Winds of Reform in Indian Education, Atlantic Publishers & Distributors (P) Ltd. p.337.

3. Prof. (Dr.) Ashok R. Patil, “Student Activism” SEMINAR Magazine 647-July2013, pp.25 to 28.

4. Prof. (Dr.) Ashok R. Patil, on “Impact of Misleading Advertisements on Consumers” 2013, at http://www.iaclsydney2013.com

4. Guest Lecture Delivered

1. Shri. Mohamed Anwar, Assistant Controller of Legal Metrology, Government of Karnataka, Bangalore delivered Guest Lecture on “Legal Metrology Act and Rules” to the first year students of NLSIU on 8th January 2013 at NLSIU.

2. Prof. Dr. Ashok R. Patil, delivered Guest Lecture on ‘Consumer Protection issues and solutions’ on 27th May 2013 at Tamil Nadu Dr.Ambedkar Law University Chennai, Tamil Nadu.

3. Prof. Dr. Ashok R. Patil, delivered Guest Lecture on ‘Consumer Protection in Insurance Sector on 28th May 2013 at Tamil Nadu Dr.Ambedkar Law University Chennai, Tamil Nadu.

4. Prof. Dr. Ashok R. Patil, attended the Press Conference on Anti Tobacco on 23rd May 2013 at Bangalore

5. Shri Ravi Seshadri, Vice President & Chief Compliance Officer at Bharti AXA General Insurance Company delivered Guest Lecture on ‘General Insurance’ for IV B.A. LL.B students on 30th May 2013 at NLSIU, Bangalore.

6. Prof. (Dr.) Robert Moog, Associate Professor, North Carolina State University, Raleigh, NC 27695, USA visited National Law School of India University, Bangalore on 3rd June 2013 for his studies in Indian Consumer Protection Laws & discussed with faculty & students of NLSIU.

7. Shri Afzal Amanullah, Special Secretary, Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs, New Delhi visited to NLSIU on 19-06-2013.

5. Books Edited& Published by CLAP

1. In 2013 “Law Relating to Misleading Advertisements across the World: A Study” published by Chair on Consumer Law and Practice, NLSIU, Bangalore. (ISBN:978-81-925521-3-2)

2. In 2013 “25 Years of Consumer Protection Act: Challenges and the way forward” published by Chair on Consumer Law and Practice, NLSIU, Bangalore. (ISBN:978-93-5087-913-9)

6. Book Review by Prof. (Dr.)Ashok R. Patil

1. “Bhaumik The Railways Act” [9th edn.,2010] by H.K.Saharay, Eastern Law House Pvt. Ltd., New Delhi, Published in Journal of Indian Law Institute, 2013, Vol.55 pp.107-110.

7. Live TV Programme delivered by Prof. (Dr.)Ashok R. Patil, Chair Professor

1. Delivered Programme studio discussion at News 9 on ‘How easy it is to get a fake medical degree in the city and what danger we people face in going to medical clinics for treatment’ on 7th January 2013 at 5:00pm to 6:00pm at Bangalore.

8. Prof. (Dr.) Ashok R. Patil, Elected as a Executive Committee Member

Prof. (Dr.) Ashok R. Patil unanimously elected as a Executive Committee Member of The International Association of Consumer Law on 3rd July 2013.

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A Summary of the National Food Security Bill, 2013

In December 2011, National Food Security Bill was introduced in the LokSabha for the first time to address the issue of food security in a comprehensive manner and with an aim “To provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matter connected therewith or incidental thereto.”

On the basis of the report of Standing Committee on Food, Consumer Affairs and Public Distribution, the Union Cabinet cleared the bill on 4th July 2013 and paved a way to make the framework of the proposed legislation simpler by providing more flexibility to States/ Union territories in its implementation and to address some of the important concerns relating to food security. Major highlights of the Bill are discussed hereunder:

1. Preliminaries

The Bill seeks “to provide for food and nutritional security in human life cycle approach, by ensuring access to adequate quantity of quality food at affordable prices to people to live a life with dignity and for matters connected therwith and incidental thereto”.

It extends to the whole of India and “shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint, and different dates may be appointed for different States and different provisions of this Act”.

2. EntitlementsPublic Distribution System (TPDS)

Priority households are entitled to 5 kgs of foodgrains per person per month, and Antyodaya households to 35 kgs per household per month. The combined coverage of Priority and Antyodaya households (called “eligible households”) shall extend “up to 75% of the rural population and up to 50% of the urban population”.

The PDS issue prices are given in Schedule I: Rs 3/2/1 for rice/wheat/millets (actually called “coarse grains” in the Bill). These may be revised after three years.

POLICY/LEGISLATION/bILL uPDATEChildren’s Entitlements

For children in the age group of 6 months to 6 years, the Bill guarantees an age-appropriate meal, free of charge, through the local anganwadi. For children aged 6-14 years, one free mid-day meal shall be provided every day (except on school holidays) in all schools run by local bodies, government and government aided schools, up to Class VIII. For children below six months, “exclusive breastfeeding shall be promoted”.

Children who suffer from malnutrition will be identified through the local anganwadi and meals will be provided to them free of charge “through the local anganwadi”.

Entitlements of Pregnant and Lactating Women

Every pregnant and lactating mother is entitled to a free meal at the local anganwadi (during pregnancy and six months after child birth) as well as maternity benefits of Rs 6,000/-in instalments.

[Notes: (1) “Meal” is defined in the Bill as “hot cooked meal or ready to eat meal or take home ration, as may be prescribed by the Central Government”. All “meals” have to meet nutritional norms specified in Schedule II. (2) The entitlements of women and children are to be delivered by state governments through schemes “in accordance with the guidelines, including cost sharing” to be prescribed by the Central Government. (3) Every school and anganwadi is to have “facilities for cooking meals, drinking water and sanitation”. (4) For purposes of issuing ration cards, the eldest woman in the household (not less than 18 years of age) shall be considered head of the household.]

3. Identification of Eligible Households

The Bill does not specify criteria for the identification of households (Priority or Antyodaya) eligible for PDS entitlements. The Central Government is to determine the state-wise coverage of the PDS, in terms of proportion of the rural/urban population. Then numbers of eligible persons will be calculated from Census population figures. The identification of eligible households is left to state governments, subject to the scheme’s guidelines for Antyodaya, and subject to guidelines to be “specified” by the state government for Priority households. The lists of

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eligible households are to be placed in the public domain and “displayed prominently” by state governments.

4. Food Commissions

The Bill provides for the creation of State Food Commissions. Each Commission shall consist of a chairperson, five other members and a member-secretary (including at least two women and one member each from Scheduled Castes and Scheduled Tribes).

The main function of the State Commission is to monitor and evaluate the implementation of the act, give advice to the states governments and their agencies, and inquire into violations of entitlements (either suomotu or on receipt of a complaint, and with “all the powers of a civil court while trying a suit under the Code of Civil Procedure 1908”). State Commissions also have to hear appeals against orders of the District Grievance Redressal Officer and prepare annual reports to be laid before the state legislature.

The State Commission may forward “any case” to a Magistrate having jurisdiction, who shall proceed as if the case has been forwarded under Section 346 of the Code of Criminal Procedure 1973.

5. Transparency and Grievance Redressal

The Bill provides for a two-tier grievance redressal structure, involving the District Grievance Redressal Officer (DGRO) and State Food Commission. State governments must also put in place an internal grievance redressal mechanism which may include call centres, help lines, designation of nodal officers, “or such other mechanisms as may be prescribed”.

Transparency Provisions

Mandatory transparency provisions include: (1) placing all PDS-related records in the public domain and keeping them open for inspection to the public; (2) conducting periodic social audits of the PDS and other welfare schemes; (3) using information and communication technology (including end-to-end computerisation of the PDS) “to ensure transparent recording of transactions at all levels”; (4) setting up vigilance committees at state, district, block and fair price shop levels to supervise all schemes under the act.

District Grievance Redressal Officers

DGROS shall be appointed by state governments for each district to hear complaints and take necessary

action according to norms to be prescribed by state governments. If a complainant (or the officer or authority against whom an order has been passed by the DGRO) is not satisfied, he or she may file an appeal before the State Food Commission.

Penalties and Compensation

The Food Commissions have powers to impose penalties. If an order of the DGRO is not complied with, the concerned authority or officer can be fined up to Rs. 5,000. The Commission can authorise “any of its members” to act as an adjudicating officer for this purpose.

In case of “non-supply of the entitled quantities of foodgrains or meals to entitled persons”, such persons will be entitled to a food security allowance from the state government, as prescribed by the central government.

6. Other Provisions

PDS Reforms

In Chapter VII, the Bill states that central and state governments “shall endeavour to progressively undertake” various PDS reforms, including: doorstep delivery of foodgrains; ICT applications and end-to-end computerisation; leveraging “aadhaar” (UID) for unique identification of entitled beneficiaries; full transparency of records; preference to public institutions or bodies in licensing of fair price shops; management of fair price shops by women or their collectives; diversification of commodities distributed under the PDS; full transparency of records; and “introducing schemes such as cash transfer, food coupons or other schemes to the targeted beneficiaries in lieu of their foodgrain entitlements” as prescribed by the central government.

Obligations of Government and Local Authorities

The main obligation of the Central Government is to provide foodgrains (or, failing that, funds) to state governments, at prices specified in Schedule I, to implement the main entitlements. It also has to “provide assistance” to state governments to meet local distribution costs, but on its own terms (“as may be prescribed”). The Central Government has wide-ranging powers to make Rules.

The main obligation of state governments is to implement the relevant schemes, in accordance with the guidelines issued by the Central Government. State governments also have wide-ranging powers to make Rules. They are free to extend benefits and entitlements beyond what is prescribed in the Bill, from their own resources.

Local Authorities and Panchayati Raj Institutions are responsible for proper implementation of the act in

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their respective areas, and may be given additional responsibilities by notification.

7. Schedules

The Bill has three schedules (these can be amended “by notification”). Schedule 1 prescribes issue prices for the PDS. Schedule 2 prescribes “nutritional standards” for midday meals, take-home rations and related entitlements. For instance, take-home rations for children aged 6 months to 3 years should provide at least 500 calories and 12-15 grams of protein. Schedule 3 lists various “provisions for advancing food security”, under three broad headings: (1) revitalization of agriculture (e.g. agrarian reforms, research and development, remunerative prices), (2) procurement, storage and movement of foodgrains (e.g. decentralised procurement), and (3) other provisions (e.g. drinking water, sanitation, health care, and “adequate pensions” for “senior citizens, persons with disability and single women”).

Conclusion

In a recent survey, it was deduced that 22% of the Indian population is undernourished whereas 40% of children below the age of 3yrs are underweight, majority of children aged between 6 to 35 months are anaemic and 33% of the women aged between 15-49 years have a BMI below normal. The growth rate and the immunity level of the Indian population have been declining considerably throughout these years. In the current Indian scenario, Food Security Bill is a blessing for the Indian populace who do not have the knowledge as well as access to nutritional food. The bill has however left an open house for discussion by not providing a specific limit for identification of eligible households under Public Distribution System which has been left on the discretion of the government. With the implementation of the Food Security Bill, Indians can have a gleam of hope that their fight for “right to food” will possibly come to an end. It can be suggested, that with the introduction of this Bill, India can guarantee majority of its population quality food grains to meet with the above mentioned deficiencies and provide the rightly deserved nutritional security to everyone.

uPDATES ON CONSuMER LAW CASESINSURANCE

1. New India Assurance Company v. Penta Care Ayurpharma (2013 Indlaw NCDRC 269 ; NCDRC, Delhi Bench, Revision Petition No.3587 of 2012 )

Deficiency in Service

Facts:

Complainant filed a complaint before District Forum against petitioner (Insurance Co.) alleging deficiency in service. Complainant submitted that he was carrying on the activity of manufacturing ayurvedic medicines, had obtained an insurance policy from the petitioner, known as the ‘Fire and Special Peril Policy’. There was a fire on the premises of the complainant and bulk of furnished products and extracts stored in the store room were completely burnt, resulting in loss to the tune of Rs. 2,55,335/-. Complainant informed the petitioner about the incident. Petitioner maintained that the cause of the loss was a peril which was excluded under the terms and conditions of the insurance policy, and hence they were not liable to pay the claim - District Forum allowed said complaint and directed the petitioner to pay

a sum of Rs.2,55,335/- to the complainant with interest at the rate of 12% p.a. from the date of repudiation, until actual payment. An appeal filed before the State Commission against this order was dismissed by the State Commission- Hence, instant revision petition.

Held:

It was held that insurance Policy in question, was issued for the purpose of indemnifying the insured in case of fire and special peril. Hence, when the goods of the complainant were burnt due to excess heat generated during pulverisation, it can be held as an accidental loss by fire. Hence, prima facie, such loss was covered under the policy which was issued for covering fire risk. No reason to disagree with the findings of the State Commission and the District Forum because it was an established fact that loss has been caused to the complainant due to the burning of stocks in the godown. Revision dismissed.

2. Life Insurance Corporation of India v Gurvinder Kaur W/o Late Kawaljeet Singh (2013 Indlaw NCDRC 267; NCDRC, New Delhi, Revision Petition No 2722 of 2008)

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Deficiency in serviceFacts:Complainant filed a complaint before District Forum against petitioner (Insurance Co.) alleging deficiency in service. Complainant submitted that X (complainant’s husband) obtained policy of Rs.1,00,000/- from petitioner. X fell ill and some problem was detected in right kidney and he underwent treatment for the same, but later expired. Complainant submitted claim, which was repudiated by the petitioner on flimsy grounds. Petitioner contended that policy issued in favour of deceased lapsed due to non-payment of half yearly premium due on 14-6-2003 and it was again revived on 1-11-2003. Further contended that at the time of revival, diseased submitted personal statement of his health, which contained false statement in respect of his health. District Forum allowed said complaint and directed petitioner to pay policy amount along with 9% p.a. interest and Rs.5,000/- as compensation and Rs.2,000/- as cost of litigation. Appeal filed by the petitioner was dismissed by State Commission. Hence, instant revision petition.

Held:

The question before National Commission was that whether order of the District Forum as affirmed by the State Commission could be upheld. It was held that deceased had suppressed material facts regarding his previous treatment and operation and has furnished false answers regarding his health, operation, X-ray, etc. petitioner had not committed any deficiency in repudiating claim and District Forum committed error in allowing complaint and State Commission further committed error in dismissing appeal - Revision allowed.

MEDICAL NEGLIGENCE

3. A. Srimannarayana v. DasariSantakumari and another (2013 Indlaw SCO 173 ; 2013 (2) AWC 1523; 2013 (2) Bom. C.R. 62; 2013 (1) CPJ (SC) 6; 2013 (2) RCR(Civil) 305; 2013(1) SCALE 606, Supreme Court of India, Civil Appeal No 369 of 2013)

Deficiency in serviceFacts:“To prosecute medical professional for negligence under criminal law there is must be negligence on the part of doctors”

The Appellant and Respondent No. 2, who are doctors, conducted an operation on the left leg of the husband of the complainant. Sometime after the operation, the patient died on 13.07.2008. Respondent No. 1, wife of the deceased, filed a complaint against the Appellant and Respondent No. 2, before the District Consumer Forum. We may notice here that Respondent No. 2 is the Appellant in Civil Appeal No. 369 of 2013 arising out of SLP (C) No. 1495 of 2011. The complaint was duly registered and notice was issued to the Appellant and Respondent No. 2. Against the issuance of the notice, the Appellant filed a revision petition before the State Consumer Disputes Redressal Commission, Hyderabad on the ground that the complaint could not have been registered by the District Forum without seeking an opinion of an expert in terms of the decision of the Supreme Court reported in Martin F. D’Souza v. Mohd. Ishfaq. In this revision petition, Respondent No. 2 filed IA No. 2240 of 2009 praying for stay of proceedings before the District Consumer Forum. The State Commission rejected the revision petition by granting liberty to the Appellant to file the necessary application before the District Forum to refer the matter to an expert. He did not file any application before the District Forum, but challenged the aforesaid order of the State Commission by filing revision petition No. 2032 of 2010 before the National Commission. The revision petition has been dismissed by the National Commission by relying upon the subsequent judgment of this Court in V. Kishan Rao v. Nikhil Super Speciality Hospital and Anr; wherein this Court has declared that the judgment rendered in Martin F. D’Souza is per incuriam. Hence the present special leave petitions challenging the aforesaid order of the National Commission dated 15.07.2010.

Held:

Hon’ble Supreme Court conceptualize that the jurisprudential concept of negligence differs in civil and criminal law. What may be negligence in civil law may not necessarily be negligence in criminal law. For negligence to amount to an offence, the element of mensrea must be shown to exist. For an act to amount to criminal negligence, the degree of negligence should be much higher i.e. gross or of a very high degree. Negligence which is neither gross nor of a higher degree may provide a ground for action in civil law but cannot form the basis for prosecution.

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Apex court further clears that to prosecute a medical professional for negligence under criminal law it must be shown that the accused did something or failed to do something which in the given facts and circumstances no medical professional in his ordinary senses and prudence would have done or failed to do. The hazard taken by the accused doctor should be of such a nature that the injury which resulted was most likely imminent. Res ipsa loquitur is only a rule of evidence and operates in the domain of civil law specially in cases of torts and helps in determining the onus of proof in actions relating to negligence. It cannot be pressed in service for determining per se the liability for negligence within the domain of criminal law. Res ipsa loquitur has, if at all, a limited application in trial on a charge of criminal negligence.” Generally speaking, it is the amount of damages incurred which is determinative of the extent of liability in tort; but in criminal law it is not the amount of damages but the amount and degree of negligence that is determinative of liability. To fasten liability in criminal law, the degree of negligence has to be higher than that of negligence enough to fasten liability for damages in civil law. The essential ingredient of mensrea cannot be excluded from consideration when the charge in a criminal court consists of criminal negligence.

A medical practitioner faced with an emergency ordinarily tries his best to redeem the patient out of his suffering. He does not gain anything by acting with negligence or by omitting to do an act. Obviously, therefore, it will be for the complainant to clearly make out a case of negligence before a medical practitioner is charged with or proceeded against criminally. A surgeon with shaky hands under fear of legal action cannot perform a successful operation and a quivering physician cannot administer the end-dose of medicine to his patient. If the hands be trembling with the dangling fear of facing a criminal prosecution in the event of failure for whatever reason - whether attributable to himself or not, neither can a surgeon successfully wield his life-saving scalpel to perform an essential surgery, nor can a physician successfully administer the life-saving dose of medicine. Discretion being the better part of valour, a medical professional would feel better advised to leave a terminal patient to his own fate in

the case of emergency where the chance of success may be 10% (or so), rather than taking the risk of making a last ditch effort towards saving the subject and facing a criminal prosecution if his effort fails. Such timidity forced upon a doctor would be a disservice to society.” In view of the above, Apex Court was of the opinion that the conclusions recorded by the National Commission in the impugned order do not call for any interference. The civil appeals are dismissed.

ELECTRICITY

4. Ashok Kumar Singh v. Bihar State Electricity Board, Patna and others (2013 Indlaw NCDRC 163; NCDRC, Revision Petition no 727 of 2010)

Deficiency in service

Facts:

Complainant had taken industrial connection of electricity from respondent for his business under an agreement and deposited security amount of Rs.13,750/-. Supply of electricity by respondent was not proper and regular; so, complainant made complaint and further requested to refund security money. Later, respondent illegally disconnected supply of electricity of the complainant. Complainant filed complaint before District Forum for refund of security and compensation. Respondent contended that as per agreement, consumer was required to pay minimum charges for 2 years and complainant has not paid a sum of Rs.29,290/- as dues of electricity bills from February, 1994 to April, 1994, his connection was disconnected. District Forum allowed the complaint and directed respondent to refund security amount subject to depositing Rs.29,290/- as arrears of dues and further awarded Rs.10,000/- as compensation for business loss and Rs.25,000/- as compensation for mental agony - On appeal, State Commission modified order of District Forum and reduced compensation to Rs.5,000/- and further observed that complainant will be entitled to claim 9% p.a. interest on the security amount and respondent will be entitled to claim 9% p.a. interest on electricity bill dues against which, this revision petition has been filed.

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Held:

The question before National Commission was whether State Commission was right to reduced compensation. It was held that electricity connection of the complainant was disconnected on 28-4-1994, whereas order for disconnection was given on 4-9-1994. It appears that on account of complaint of the complainant regarding irregular supply of electricity and refund of security money, complainant’s connection was disconnected by the concerned employee even before the order of the Asst. Engineer. Moreover, State Commission has already upheld grant of compensation to the extent of Rs. 5,000/-. As per agreement, complainant was bound to pay minimum charges for 2 years and on account of non-payment of electricity dues, complainant’s connection has been disconnected after 16 months of connection. Thus National Commission was in view that State Commission has not committed any error in reducing amount of compensation from Rs.35,000/- to Rs.5,000/-. Hence revision petition dismissed.

5. PurshottamBehl S/o Late Shyam Sunder Behl v. B.S.E.S. Rajdhani Power Limited (Successor-in-interest of Erstwhile Delhi Vidyut Board) 2013 Indlaw NCDRC 147; 2013 (2) CPJ (NC) 353); 2013 (2) Consumer Protection Judgment (NC)253.

Deficiency in Service

Facts:

Appellant filed complaint against respondent before the State Commission on grounds of unfair trade practice and deficiency in service and sought a total compensation of Rs.9,87,546/-. Appellant submitted that he had applied for 2 KW electricity load and also executed an agreement in the form supplied by the Respondent. Appellant received a show cause notice from an Assistant Engineer of the respondent informing him that a report of theft of electricity had been lodged against him in Police Station as the electricity load consumed by him had been assessed as 9.312 KW against the sanctioned load of 2 KW and consequently a sum of Rs.2,42,998.75 ps. was demanded from him. Further submitted that

it was with malafide intention that this complaint had been made by the Respondent’s Assistant Engineer and Lineman to whom he had refused to pay a bribe. The electricity connection provided to the Appellant had also been illegally disconnected. State Commission, quashed the demand of Rs.2,42,998.75 ps. raised by the Respondent against the Appellant on account of electricity consumption. However, no other relief as prayed for was granted.

Held:

The question before National Commission was whether order of the State Commission about compensation could be upheld. It was held that respondent had wrongly disconnected appellant’s power supply and, therefore, the sum of Rs.2,42,998.75 ps. demanded by it was not justified - Respondent had accepted this order and had refunded the amount - Appellant needs to be compensated for the 6 long years during which period he was wrongly deprived of the electricity connection - After taking into account the facts and circumstances of this case, a compensation of Rs.2 Lakhs was justified and reasonable - Order of the State Commission to be partly modified and respondent was directed to also pay the appellant a sun of Rs. Rs.2 lakhs as compensation - Appeal partly allowed.

EDUCATION

3. Birla Institute of Technology and Science v. AbhishekMengi S/o Virender Kumar (2013 Indlaw NCDRC 180; NCDRC, Revision Petition No 1688 of 2012)

Deficiency in service

Facts:

Complainant after depositing requisite entrance fee and qualifying the examination was selected for admission to M.Sc. (Tech) General Studies, with petitioners. Complainant also deposited Rs.55,000/-, as advance fee. Complainant got admission in Engineering College after that complainant, made a request to the petitioners to refund the admission fee and give the original certificates. Complainant was informed that fees had been forfeited, as he had not submitted the withdrawal form. Complainant was only refunded Rs.8,000/-, as mess advance and

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New Books at NLSIU Library:

• Howells, Geraint Ed., “Handbook of research onInternational Consumer Law” / Ed. By Geraint Howells, Iain Ramsay and Thomas Wilhelmsson( London:Edward Elgar 2010)

• Lowrey,TinaMEd.,“Shoppinginthe21stCentury”,Ed. by Tina M Lowrey (NewYork: Lawrence Erlbaum Associates 2008)

• Modak, Anoopam, “Supreme Court onConsumerism” (Hyderabad: Asia Law House 2013)

• Patil AshokR, “Law relating toMisleadingAdvertise-ments across the World: A Study”, (CLP, NLSIU, Bangalore 2013)

• “StateoftheIndianconsumer2012:Indianconsumersin the new age, A forward looking agenda to address the concerns of the common people”(Jaipur: CUTS

bOOKS AND ARTICLES ALERT!

International. Report by Consumer Unity and Trust Society 2012)

• WeatherillStephen,EUConsumerLawandPolicy–(London: Edward Elgar, 2005)

• Southerton, Dale Ed., Encyclopedia of consumerculture Vol. I / Ed. by Dale Southerton - London: Sage Publications, 2011.

• Southerton, Dale Ed., Encyclopedia of consumerculture Vol. II / Ed. by Dale Southerton - London: Sage Publications, 2011.

• Southerton, Dale Ed., Encyclopedia of consumerculture Vol. III / Ed. by Dale Southerton. - London: Sage Publications, 2011.

New Articles at NLSIU Library:

• Gupta, Karn. GrievanceRedressal MechanismUnder Consumer Protection Act Vis-à-vis Banking Ombudsman Scheme, 2002. All India Reporter. No. 04, Apr, 2013. p. 71-80. 1.

• Prof. (Dr.) Ashok R. Patil, “Consumer ProtectionBill, 2011: An Analysis”, “25 Years of Consumer Protection Act: Challenges and the way forward” published by Chair on Consumer Law and Practice, NLSIU, Bangalore

caution deposit, out of Rs.55,000/-. Complainant filed complaint u/s. 12 of Act before District Forum alleging that petitioners were not refunding the full amount of fees, deposited by complainant. Petitioners contended that District Forum at Chandigarh had no territorial jurisdiction as no cause of action arose to Complainant at Chandigarh. The entire cause of action arose at Pilani, Rajasthan. It was further stated that petitioners does not fall within the category of a service provider, qua the complainant. District forum allowed said complaint and directed petitioners to refund to the complainant the balance amount of Rs.47,000/-, after deducting Rs.1000/- as service/ processing/ administrative charges, besides costs of litigation assessed at Rs.10,000/-. State Commission dismissed appeal filed against said order; hence this revision petition.

Held:

The question before National Commission whether District Forum had jurisdiction for this matter. It was held that petitioners have not placed any document to show that seat vacated by the complainant was not filled up at all. Moreover, u/s. 21 of Act, the scope of revisional jurisdiction was very limited. Under s. 21 of Act, this Commission can interfere with the order of the State Commission where such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity. There was no jurisdictional or legal error which call for interference in the exercise of powers u/s. 21 (b) of the Act; hence revision petition dismissed.

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• Prof. (Dr.) Ashok R. Patil, “Consumer Protectionin Educational services”, published in Winds of Reform in Indian Education, Atlantic Publishers & Distributors (P) Ltd.p.337.

• Prof. (Dr.) Ashok R. Patil, “Student Activism”SEMINAR Magazine 647-July2013, pp.25 to 28.

• Prof.(Dr.)AshokR.Patil,on“ImpactofMisleadingAdvertisements on Consumers” 2013, at http://www.iaclsydney2013.com

• Prof. (Dr.) Ashok R. Patil presented a paper on“Business: Consumer Rights are Human Rights” at the International Association of Law Schools (IALS) Conference on 6th to 8th March 2013 at Infosys Global Education Center, Mysore <http://www.ialsnet.org/wordpress/wp-content/uploads/2013/04/Papers-Teaching-the-Relationship-between-Business-and-HR.pdf>

As consumers, we’re part of every transaction on the planet. But while our money speaks, our

voice is often not heard.

CI Vision

CI vision is of a world where people can make informed choices on safe and sustainable goods and services and in which individual and collective Consumer Rights are secure and respected.

CI Believe that:• People: in order to live, all people consume - be it

through the satisfaction of the most basic human need, through to considering complex financial products.

• the fundamentalrightsofallconsumersareupheldand protected by corporations, governments and international decision-making bodies.

CI Think that consumers should be:• providedwiththerightfactsandskills,whilebeing

protected from misleading promotion, and be able to make confident and empowered decisions

• beconfident that theproductsandserviceswebuyare safe to use, and have the minimum impact on social and ecological conditions for both producers and consumers.

CI Mission

Is to champion Consumer Rights internationally in order to help protect and empower consumers everywhere.

WEB ALERT!Consumer International (CI)

http://www.consumersinternational.org/

• Todefend,promote,developandpursueConsumerRights as the international basis of consumer protection.

• To support, develop and work directly with ourconstituent member organisations, seeking to protect, inform, give a voice to and secure rights for consumers worldwide.

Consumers International (CI) is the world federation of consumer groups that, working together with its members, serves as the only independent and authoritative global voice for consumers. There are eight basic consumer rights which define and determine our principles. You can also read about our work to protect and empower consumers everywhere.

With over 240 member organisations in 120 countries, we are building a powerful international movement to help protect and empower consumers everywhere.

Founded in 1960, we are fighting for a fair, safe and sustainable future for all consumers in a global marketplace increasingly dominated by international corporations.

CI is a not-for-profit company limited by guarantee and registered in the UK

CI supports and represents over 240 member organisations in 120 countries around the world.

About two-thirds of member organisations are in developing countries, the other third in industrialised countries.

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These members include a wide range of different independent consumer organisations and government organisations. Some independent member organisations are long-established, with hundreds of staff and millions of their own members, whilst others are semi-voluntary associations providing information and advice about basic services in some of the world’s poorest countries.

CI also works with and hosts the Transatlantic Consumer Dialogue (TACD) – a forum of US and EU consumer organisations that develops and agrees on joint consumer policy recommendations to the US government and European Union to promote the consumer interest in EU and US policy making – at its office in London.

Who governs Consumers International?

The Consumers International (CI) governing bodies consist of the:• GeneralAssembly• Council• Executive

General Assembly

The General Assembly consists of the Voting Delegates of the Full Members of CI and must take place at least once in any four-year period. The General Assembly has the following duties to:• Elect a President, who is the Chairperson of the

General Assembly, of the Council and of the Executive• ElecttheMembersoftheCounciltoserveuntilthe

next meeting of the General Assembly• EstablishthegeneralpoliciesthattheCouncilandthe

Executive should act upon, and to make resolutions for these purposes

• Approveortowithholdapprovalfromthewholeorany part of reports submitted on behalf of the Council

• AmendCI’sMemorandumorArticlesofAssociation• LiquidateCIundertheprovisionsoftheseArticles.

Council

The Council comprises:• thePresident• 13membersdirectlyelectedbytheGeneralAssembly,

and• up to six other members co-opted by the elected

members.

All members serve four year terms. There are no limitations on re-election/re-appointment.

The Council has two principal tasks:

• It has various specific duties as the Board of the organisation (for example, in financial oversight and reporting, and in appointing the Director General).

• It is also charged with establishing general policies - that is, setting strategic direction and priorities.

CI specifically separates the strategy-setting role of the Council from programme management and implementation, which are functions carried out by the Director General and staff. Council members are not expected to participate in the day-to-day management of CI. However, they regularly take part in and contribute to CI programmes and campaigns, either as individual experts/representatives of their own organisations or as spokespersons for CI. The Council normally meets once in each calendar year.

The Executive

The CI Executive is a smaller body of eight members, who must meet at least twice a year and have decision-making roles delegated by the full Council.

Campaigns, Projects and Key Issues

CI campaigns seek to achieve real changes in government policy and corporate behaviour, whilst raising awareness of consumer rights and responsibilities.

At the end of 2012, CI launched Your rights, our mission, its strategic plan for 2013 to 2015.

The plan includes four key programme areas combining CI’s work on international advocacy and organisational empowerment around a small number of issues.

The Four programme areas are:

1. Financial Services• Consumers access to safe, fair and competitive

financial services• Structure and functions of national bodies• Fair contracts, charges and practices• Information design and disclosure• Redress and dispute resolution

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• Stability and safety• Competition• G20 work on financial consumer protection• Mobile payments• Support development of financial advice centres and

advocacy capacity in developing countries

2. Food Safety, Security and Nutrition• Consumers access to safe and nutritious food• Choosing a healthy diet• Food labelling on packaging and in restaurants• A ban on trans fatty acids• A ban on junk food marketing to kids• Reformulation of processed food to reduce fat, sugar

and salt.• Food safety• Facilitate member engagement in international

standard setting• Projects in developing countries to improve food

safety systems• Food security• Monitor international processes• Consumers in the digital age

3. Consumers Access to Reliable, Affordable and Safe Communication Networks

• Holding online service providers to account• Clear and accurate information from broadband

service providers• Address consumer concerns about tracking online

activity and using this data in marketing• Consumer representation in global governance

relating to the information society.• Ensuring the consumer voice is heard in international

institutions that relate to the information society.• Access to knowledge• Consumers’ rights for the fair use of copyright

materials to be expanded and better recognised through ranking IP laws and practices and negotiation with IP bodies.

4. Consumer Justice and Protection• Aconcerted international effort to support the realisation

of consumer rights

• RevisionofUNguidelines• UpdatingtheUNguidelinesonconsumerprotection.• Anincreasedinternationalfocusonthelegalempowerment

of the consumer• Work with international organisations to develop new

initiatives and make resources available for consumer protection

• Work with CI members to support their work at thenational level

• Systematicassessmentofmemberscapacity• Map ‘sustainable business models’ for consumer

organisations.

CI has also campaigned on issues like junk food marketing and unethical drug promotion, corporate social responsibility and unethical or unsustainable behaviour by corporations and governments.Consumers International celebrated 50 years in 2010. The role of CI has played in the development of consumer rights around the world: the key personalities, the key dates and the major campaign achievements.

How CI has led the Consumer Movement

1. CampaigningCI has been a pioneer of a new method of campaigning for NGOs, using high-profile techniques to mobilise disparate groups on a particular issue for a particular purpose – targeting influential figures within governments and at the heart of industry, to bring about much-needed change. As a result of these tactics, CI is recognised as one of the leading campaigners in the international NGO community. These methods have brought results. Among them, the seminal international document of the consumer movement – the United Nations Guidelines on Consumer Protection – was adopted by the UN, in 1985, after 10 years of CI campaigning. This gave important legitimacy to the principles of consumer rights and practical support for developing national consumer protection legislation. Numerous countries have adopted laws based on this model.

The three global networks The International Baby Food Action Network, BFAN, Helicopter Association International and PAN were CI’s first long-term partnerships with groups outside its own membership, and prime examples of this pioneering campaigning activity. They helped to combine the expertise and energy of many groups into a single, vigorous and knowledgeable voice in the fight to set minimum acceptable norms for the protection of consumers globally.

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2. RepresentationAn essential part of IOCU’s, and then CI’s, work has been representing the consumer interest at the United Nations and elsewhere. Formal representation gave the organisation an influential voice on issues and decisions of global importance.

For example, in the early 2000s, some Genetically Modified foods were found to contain unexpected toxins and allergens and they differed nutritionally from unmodified versions. CI representation at standardsetting meetings (of the Codex Alimentarius Commission) resulted in the adoption of a strong global standard for assessing GM safety, which is now the gold standard for national food safety agencies.

CI representatives are currently seeking a WHO code on the marketing of junk food to children, to offer a benchmark for evaluating how manufacturers promote unhealthy food to children.And since 1999, CI’s London Office has provided a home to the Transatlantic Consumer Dialogue (TACD), a forum for all the major consumer organisations in the European Union and the United States to provide advice to top officials of their governments on product safety standards, financial regulation and other key consumer issues.

3. Building the Consumer MovementFrom its earliest days, CI has been a bedrock of the consumer movement, helping organisations launch from scratch and giving them the tools to flourish on their own.

CI helps with everything from capacity building and lobbying support, to networking and training. To that end, one of its hallmark programmes is the Rhoda Karpatkin Advocate Programme. The Rhoda Karpatkin Advocate Programme was established after its namesake retired in 2001,with the purpose of developing the skills and experience of the next generation of campaigning advocates from CI member organisations in developing countries. Rhoda, who served as president of Consumers Union from 1974 to 2001, and as President of CI from 1984 to 1991, was committed to building consumer organisations in developing countries and to mobilising consumer groups to fight for consumer rights and social justice. The programme, funded by CU, is designed to support CI’s strategic objective of ‘building strong consumer organisations around the world that can campaign effectively for consumers nationally and through CI globally’.

NLSIU, Chair on Consumer Law and Practicehas also applied for the membership of CI & is awaiting for the approval from CI.

POST GRADuATE DIPLOMA IN CONSuMER LAWS & PRATICE (PGDCLP)National Law School of India University [NLSIU]

Nagarbhavi, Bangalore – 560 242

NLSIU invites applications for one year Post Graduate Diploma in Consumer Law & Practice (PGDCLP) - Distance Mode. The PGDCLP draws from the rich insights gained by Chair on Consumer Laws AND Practice (CLAP), at the NLSIU, instituted by the Ministry of Consumer Affairs, Food & Public Distribution Department of Consumer Affairs, Government of India, undertake outreach programmes in the form of workshops, seminars, publications and training programme for academicians, professionals, government official, consumer forum members, and NGOs. The Chair has designed and started Post Graduate Diploma Course in consumer Law and Practice for any graduates with a view to strengthening consumer protection in India.

Eligibility for Admission: Graduate Degree in any discipline from any recognized University. The medium of instruction will be English.Admission Procedure: Candidates intending to enroll for admission shall submit the duly filled in application form along with the attested copies of the Provisional / Degree certificates and the fee prescribed before the last date of admission. Soon after completion of the admission process the confirmation of admission will be sent to the candidates.Duration: One Academic Year. (Maximum duration to complete the course is three years).Course PapersPaper I: Introduction to Law & Legal SystemsPaper II: Development of Consumer Protection Law

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Paper III: Product Liability and Service Providers LiabilityPaper IV: Alternate Dispute Redressal MechanismPaper V: Dissertation

RESOURCE MATERIALS: Reading Material Compendiums

Requirements for fulfillment of the Course

• Every candidate has to appear for examination infour papers. Each paper carries equal marks.

• Candidatesaresupposedtosecureatleast50%marksin each paper.

• Every candidate shall work on a Research Project(which will be considered as Paper V)

• Candidates are permitted to continue the coursebeyond the first academic year, upto additional two years.

Note: Post Graduate Diploma is 1 year course. Every candidate admitted to the course shall pay the prescribed fees at the time of admission. If a candidate is required to continue the course beyond one academic year because of his/her non-fulfilment of the prescribed requirements for the award of the degree, he/she will be permitted to continue for the subsequent two academic years by paying a continuation fee as prescribed for each year. At the end of the third academic year if the candidate fails to fulfill all the requirements for the award of the degree, the admission stands automatically cancelled.

FEE STRUCTURE

Fee to be paid for one year at the time of admission:

Application Fee Rs. 1,000/-Admission Fee Rs. 2,000/-Tuition Fee Rs. 8,100/- PAAdmission Late Fee (After June 30th - till September 30th) Rs.500/-

TOTAL Rs. 11,600/-

EXAMINATION SCHEME

Candidates are expected to write 100 marks in class examination for each paper. Annual exams will be held

in June. Grading system is followed for evaluation of performance. Minimum B Grade (50%) is required to pass a paper. A minimum Cumulative Grade Point Average (CGPA) of 3.00 is necessary to complete the course.

Diploma students are expected to write a Dissertation on the suggested topic for Paper V. The Dissertation would carry 80 marks. Students are expected to take an oral exam-viva voce, which will be based on the Dissertation they write. The vive voce would carry 20 marks. VIVA VOCE will be held at the respective examination centres from where the candidate will be appearing. Submission of Dissertation is one month before the examination.

Examination Schedule: The DED conducts examination twice a year: (1) Annual Examination in the month of June (2) Supplementary Examination in the month of December/January. As of now the examination is held at Bangalore, Pune & Delhi. The address and location of examination centres will be provided in the examination schedule which may be downloaded from the website http://ded.nls.ac.in/exam_schedule by April for the Annual examination and by October for the Supplementary examination. Examination Fee needs to be paid once the schedule is notified. You need to pay Rs.300/- per paper.

Application formcan be obtained in person (or) by writing to The Coordinator, Distance Education Department (DED), National Law School of India University, Nagarbhavi, Bangalore – 560 242, along with a Demand Draft for Rs. 1000/- drawn in favour of the Registrar, NLSIU, payable at Bangalore. Application form can also be downloaded fromhttp://ded.nls.ac.inor submit the application and make payment online

For further details please contact:The Coordinator Distance Education Department (DED)National Law School of India University (NLSIU)Nagarbhavi, Bangalore 560 242 (old pin 560 072), KarnatakaT: +91 80 2321 3160, 2316 0532/533/535F: +91 80 23160534 / 23160529Direct +91 80 23160524/ 23160529Email: [email protected] / [email protected]: www.ded.nls.ac.in

The One day workshop was jointly conducted by Chair on Consumer Law and Practice, NLSIU, Bangalore Electricity Supply Company [BESCOM] & Consumer Rights Education & Awareness Trust

[CREAT] on “Facilitating Civil Society Coalition on Electricity Governance & Consumer Justice Now!” on 15th March 2013 at NLSIU, Bangalore.

Prof.(Dr.) Ashok R.Patil presented a paper on “Business: Consumer Rights are Human Rights”

at the International Association of Law Schools (IALS) Conference on 6th to 8th March 2013

at Infosys Global Education Center, Mysore.

MARCH OF CONSUMER LAW AND PRACTICE(Bi-Annual)

(Vol.VI Issue 1)January 2013- June 2013

For Citation: March of Consumer Law and Practice, NLSIU, 2013, (Vol. No. VI, Issue No.1)

ISSN 0975-9700

Chair on Consumer Law and Practice National Law School of India University,Bangalore, Karnataka

Ministry of Consumer Affairs,Food & Public Distribution,

Department of Consumer Affairs, Government of India, New Delhi

CONTENTS

From the Vice-Chancellor’s Desk .......................01

From the Editorial Desk .................................... 02

Activities & Publications of the Chair ............... 03

Policy/Legislation/ Bill Update ........................... 05

Updates on Consumer Law Cases ..................... 07

Books & Articles Alert! ..................................... 11

Web Alert! ....................................................... 12

P.G. Diploma in Consumer Law & Practice ........ 15Editorial AssistantMrs. Anita A. PatilMr. Vivek Shukla

Chief EditorProf. (Dr.) Ashok R. Patil

Shri Afzal Amanullah, Special Secretary, Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs, Government of India, New Delhi visited to NLSIU on 19-06-2013

Prof.(Dr.) Ashok R.Patil presented a paper on “Tobacco Advertising Promotion & Sponsorship” at International Legal Consortium Seminar of the Campaign for Tobacco free kids at Washington DC from 24th -28th June 2013

To,

FromCHAIR ON CONSUMER LAW AND PRACTICE [CLAP]National Law School Of India UniversityNagarabhavi, Bangalore - 560 242.Website : www.nls.ac.inCLAP Website : http://clap.nls.ac.inE-mail : [email protected]: 080-23160534

The Right To

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