2. CERTIFICATE
This is to certify that Mr. Satyam of Class X-A of Sunbeam
English School, Bhagwanpur, Varanasi has completed his
project under my supervision. He has taken proper care and
utmost sincerity in completion of the project. I certify that this
project is up to my expectation and as per the guidelines issued by
CBSE, New Delhi.
3. ACKNOWLEDGEMENT
It is a pleasure for me to acknowledge my gratitude to the people who
have tremendously helped me in making this very project.
The suggestions given by my subject teacher were immensely helpful.
The references from the internet helped me equally. I am fortunate
enough to have all these great minds around me to help me.
4. INDEX
S. NO. TITLE SLIDENO.
1. INTRODUCTION 5
2. SOME CONSUMER RIGHTS IN INDIA 7
3. CASE STUDY 9
4. CONCLUSION 13
5. INTRODUCTION
CONSUMER RIGHTS
• Consumer rights is ‘the right to have information about the quality, potency,
quantity, purity, price and standard goods or services’, as it may be the case, but
the consumer is to be protected against any unfair practices of trade. It is very
important for the consumers to know their rights.
• Consumer protection is the practice of safeguarding buyers of goods and services,
and the public, against any unfair practices in the marketplace. Consumer
protection measures are often established by law. A new and modified Consumer
Protection Act was passed by the Parliament of India in 2019.
6.
7. SOME CONSUMER RIGHTS IN INDIA
1. Right to be Informed- About the goods and services that they purchase.
2. Right to Choose- Any consumer who receives a service, irrespective of age,
gender has the right to choose whether to continue the service or not.
3. Right to Seek Redressal- Against unfair trade practices and exploitation.
4. Right to Represent- Consumers can represent themselves in consumer courts.
5. Right to Safety- Right to be protected against the marketing of hazardous and
unsafe goods and services.
8.
9. CASE STUDY-RIGHT TO CHOOSE
Spring meadows hospital vs Harjot Ahluwalia
This landmark case arises out of a complaint against Spring Meadows Hospital, where the
minor child-Harjot Ahluwalia was admitted by his parents. The child was diagnosed with
typhoid and was injected a solution by a nurse after which his condition deteriorated. He was
shifted to an auto respiratory ICU at AIIMS, where it was found that due to the injection
administered, his brain got damaged and he would only live in a vegetative state of life. The
parents of the child approached the court for a case of medical negligence and demanded
compensation on behalf of child.
10. ARGUMENTS BY THE NURSE AND THE HOSPITAL
• There was no medical negligence as the nurse was professionally qualified.
• The solution of injection administered was already being given in the oral form, hence the
nurse did not do any test for injection.
• The nurse did no exercise any independent decision, was only acting as per directions of
the pediatrician.
• The hospital also argues that compensation cannot be claimed twice, by both the child and
his parents.
• The hospital also sought refuge in the fact that after the child was declared vegetative by
AIIMS, they volunteered to offer medical services without charge to the parents.
11. COURT’S VERDICT
• The court while making a case for gross negligence quashed these arguments and
held the hospital responsible, for the medical college of the nurse had no affiliation,
the injection overdose had led to the child’s brain damage and there was no resident
doctor present.
• Definition of consumer wide enough to cover the beneficiary: When a young child is
taken to a hospital by his/her parents and the child is treated by the doctor, the
parents would come within the definition of the consumer having hired the services,
and the young child would also become a “consumer” under the inclusive definition.
12. COURT’S VERDICT
• Compensation can justifiably be claimed by both parents as well as the child: The
court states that the child is justified in seeking compensation for the recurring medical
expenses, equipment, etc., for the vegetative state he is rendered in. The parents are also, as
beneficiaries entitled to seek compensation for the pain, acute mental agony and lifelong
care that they’d be required to give to the child. As a result, the court upheld the
compensation of Rs.17.5 lakhs awarded by the National Commission, which was also the
highest amount ever awarded until the case was decided in 1997.
13. CONCLUSION
CONSUMER PROTECTION IN INDIA
In India, consumer protection is specified in The Consumer Protection Act, 2019. Under this
law, Separate Consumer Dispute Redress Forums have been set up throughout India in each
and every district in which a consumer can file his complaint on a simple paper with
nominal court fees and his complaint will be decided by the Presiding Officer of the District
Level. The complaint can be filed by both the consumer of a goods as well as of the services.
An appeal could be filed to the State Consumer Disputes Redress Commissions and after
that to the National Consumer Disputes Redressal Commission (NCDRC).The procedures
in these tribunals are relatively less formal and more people friendly and they also take less
time to decide upon a consumer dispute when compared to the years-long time taken by the
traditional Indian judiciary. In recent years, many effective judgments have been passed by
some state and National Consumer Forums.
