This document summarizes the key aspects of the Consumer Protection Act (COPRA) in India, including definitions of a consumer and service, consumer rights and responsibilities, redressal mechanisms, and case studies. It defines a consumer as someone who buys goods or services, and outlines their rights such as safety, information, choice, and representation. It describes the 3-tier system for consumer disputes redressal commissions at the district, state, and national levels. Case studies demonstrate how the act has been applied, including rulings around medical negligence liability and granting compensation to both patients and their families.
For many decades the vast majority of the South African population has experienced either a denial or violation of fundamental human rights, including rights to health care services. To ensure the realisation of the right of access to health care services as guaranteed in the Constitution of the Republic of South Africa (Act No 108 of 1996), the Department of Health is committed to upholding,
promoting and protecting this right and therefore proclaims this PATIENTS' RIGHTS CHARTER as a common standard for achieving the realisation of this right.
This Charter is subject to the provisions of any law operating within the Republic of South Africa and to the financial means of the country.
http://www.doh.gov.za/docs/legislation/patientsright/chartere.html
Patient Rights and Responsibilities, by Christine Lang of Citizens Advice BureauHIVScotland
A presentation by Christine Lang of the Citizens Advice Bureau Patient Advice and Support Service on 'Patient Rights and Responsibilities'. Presented at the Positive Persons' Forum on 21 February 2015, Glasgow.
knowledge of health care professionals regarding medico-legal aspects and its...Anil Haripriya
knowledgeable about medical legal aspects and informed consent but when it came to actual objectives of consumer protection act and methods of filing cases their knowledge was satisfactory. So, medical health professionals need to update their understanding on consumer protection act and its amendments to be on a legally safer side.
For many decades the vast majority of the South African population has experienced either a denial or violation of fundamental human rights, including rights to health care services. To ensure the realisation of the right of access to health care services as guaranteed in the Constitution of the Republic of South Africa (Act No 108 of 1996), the Department of Health is committed to upholding,
promoting and protecting this right and therefore proclaims this PATIENTS' RIGHTS CHARTER as a common standard for achieving the realisation of this right.
This Charter is subject to the provisions of any law operating within the Republic of South Africa and to the financial means of the country.
http://www.doh.gov.za/docs/legislation/patientsright/chartere.html
Patient Rights and Responsibilities, by Christine Lang of Citizens Advice BureauHIVScotland
A presentation by Christine Lang of the Citizens Advice Bureau Patient Advice and Support Service on 'Patient Rights and Responsibilities'. Presented at the Positive Persons' Forum on 21 February 2015, Glasgow.
knowledge of health care professionals regarding medico-legal aspects and its...Anil Haripriya
knowledgeable about medical legal aspects and informed consent but when it came to actual objectives of consumer protection act and methods of filing cases their knowledge was satisfactory. So, medical health professionals need to update their understanding on consumer protection act and its amendments to be on a legally safer side.
For more Info visit www.healthlibrary.com "What is Medical Negligence" by Dr. Ghazala Shaikh held on 23rd Mar 2016.
Public awareness of medical negligence in India has increased but the 'term' is till misunderstood by the common man. Its medical negligence is needs to be explained and understood in legal perspective and merits of the case has to be find out by the medico legal consultants.
Patient’s Rights and Duties By Dr. Ghazala Shaikh.
To enhance the doctor-patient relationship its important to understand the rights and duties of each other, through the talk general awareness being created regarding rights of patients as consumer of medical services of the doctor..at the same time he owes duties from the patient as well .. The doctors also enjoy certain rights which we should respect while availing their professional services.
For info log on to www.healthlibrary.com
IDEAL INSURANCE is one of the largest Insurance Broking house of India providing Risk Management Services to Corporate and Individuals. We provide a Comprehensive Solution to all your Insurance needs. We assure you of our total commitment to our clients’ well being and will ensure the Highest Quality of Service Standards.
We are an specialist in Group Health Management and our technical expertise in the subject can help you
The Ideal Advantage:
1) Lower your Premiums in the long run
2) Manage your claims more effectively
3) Design Suitable covers and customize it regularly to meet employee expectations
4) Tie up With all Insurance Companies in India ensures we will give you the Best Deal and the Best Insurer
5) We will design a Employee Wellness Programme which will ensure better health for your employees resulting into Better Productivity and Lower Claims
We assure you of our total commitment to your organizational well being and will always ensure the Best Risk Management Practices.
You can drop an email at rahul@idealinsurance.in (CEO, Ideal Insurance Brokers Pvt. Ltd.)
It’s vital to insure your employees against accidents and ailments to avoid wasting valuable man-hours and causing low employee morale.
This presentation contains Key Benefits of Group Mediclaim Policy.
Patient Rights, Patients Bill, ConSumer Protection Act, Nurse and Patient Bill of Rights,
Hospital and Bill of Rights for Patient, Rights of the Pateint, Legal Issues for Patients
For more Info visit www.healthlibrary.com "What is Medical Negligence" by Dr. Ghazala Shaikh held on 23rd Mar 2016.
Public awareness of medical negligence in India has increased but the 'term' is till misunderstood by the common man. Its medical negligence is needs to be explained and understood in legal perspective and merits of the case has to be find out by the medico legal consultants.
Patient’s Rights and Duties By Dr. Ghazala Shaikh.
To enhance the doctor-patient relationship its important to understand the rights and duties of each other, through the talk general awareness being created regarding rights of patients as consumer of medical services of the doctor..at the same time he owes duties from the patient as well .. The doctors also enjoy certain rights which we should respect while availing their professional services.
For info log on to www.healthlibrary.com
IDEAL INSURANCE is one of the largest Insurance Broking house of India providing Risk Management Services to Corporate and Individuals. We provide a Comprehensive Solution to all your Insurance needs. We assure you of our total commitment to our clients’ well being and will ensure the Highest Quality of Service Standards.
We are an specialist in Group Health Management and our technical expertise in the subject can help you
The Ideal Advantage:
1) Lower your Premiums in the long run
2) Manage your claims more effectively
3) Design Suitable covers and customize it regularly to meet employee expectations
4) Tie up With all Insurance Companies in India ensures we will give you the Best Deal and the Best Insurer
5) We will design a Employee Wellness Programme which will ensure better health for your employees resulting into Better Productivity and Lower Claims
We assure you of our total commitment to your organizational well being and will always ensure the Best Risk Management Practices.
You can drop an email at rahul@idealinsurance.in (CEO, Ideal Insurance Brokers Pvt. Ltd.)
It’s vital to insure your employees against accidents and ailments to avoid wasting valuable man-hours and causing low employee morale.
This presentation contains Key Benefits of Group Mediclaim Policy.
Patient Rights, Patients Bill, ConSumer Protection Act, Nurse and Patient Bill of Rights,
Hospital and Bill of Rights for Patient, Rights of the Pateint, Legal Issues for Patients
Medical profession and consumer protection act:
In past Doctors were considered as God and earned respect but with Commercialization and globalization ; Relationship has deteriorated considerably.With empowerment of Consumer Protection Act in 1986, litigation against doctors is on the increase.Every medical professional should have basic knowledge of the act to protect himself or herself from the fake allegation or any medical mishap.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
2. CONSUMER
For the purpose of
goods:
For the purpose of
services:
One who buys any goods for consideration; and any user of such goods other
than person who actually buys it, provided such use is made with the approval
of the buyer.
One who hires any services or services for consideration; and any beneficiary of such services (s)
provided the service is availed with the approval of such person who had hired the service for a
consideration.
*The consideration for either the goods or services may be either paid or promised, or partly paid or promised, or provided under a
system of deferred payment.
3. CONSUMER
RIGHTS RESPONSIBILITIES
Right to Safety Be quality conscious
Right to Information Beware of misleading ads
Right to Choice Responsibility to inspect a variety of goods
Right to Consumer Education Collect proof of transaction
Right to seek Redressal Consumers must be aware of their rights
Right to be Heard/Right to Representation Complaint for genuine grievances
Proper use of product/services
4. CASE STUDY 1:
Indian Medical Association v V.P. Shantha and others
In deciding this case of deficiency of medical service, the court held that the services rendered by
a medical professional fall within the ambit of ‘services’ under the section 2(1)(o) of the Act. It
rejected the contention that a medical practitioner, being a professional and falling under the
scope of Indian Medical Council Act, stands excluded from the CPA/COPRA.
5. CASE STUDY 2:
• Arvind Shah (Dr.) v Kamlaben Kushwaha
• In this case, the complainant alleged that his son died due to the administration of a wrong treatment by the doctor.
The State Commission upholding negligence provided a compensation of five lakh rupees.(RIGHT TO
REPRESENTATIOMN)
• In appeal, the National Commission observed that the two prescriptions that were available on record neither
contained any description of the symptoms that the patient was experiencing nor did it have any preliminary vital
information that a doctor is mandated to check, as per the guidelines and regulation of the Medical Council of India
or the concerned State Medical Council, like body temperature, blood pressure, pulse rate, prior medical history et
cetera. If further tests were required for the diagnosis, such was also mandated to be mentioned. The commission,
following the case of Samira Kohli v Dr Prabha Manchanda [I (2008) CPJ 56 (SC)], held that failure to put such
essentials in the prescription amounted to medical negligence. The Commission also noted that availability of such
essentials, clinical observations and consent of the patient, point towards the care and diligence of the doctor and
act as evidence against frivolous cases of medical negligence.
• However, due to lack of available evidence (Collect proof of transaction)that attributed the death of the patient
directly to the negligence, the National Commission reduced the compensation to two and a half lakhs along with
the interest thereon.
6. CASE STUDY 3:
[SYMPATHY SHOULD NOT INFLUENCE COMPENSATION]
• Nizam Institute of Medical Sciences v Prasanth S. Dhananka & Ors.
• In this case, the complainant claimed for compensation due to alleged medical negligence before, during and after a medical
procedure that led to a partial paralysis of the patient. The National Tribunal ruled medical negligence stating various lapses in
all three phases mentioned including on the ground that consent of the patient was taken only for the examination of the
tumor and not for its removal.
• In the appeal, the Supreme Court confirmed the findings of the Commission and stated that the removal of the tumor was
deferred through discussion on record and therefore an implied consent cannot be inferred.
• The court recognised that a balance has to be struck between the inflated demands of the victim and the unreasonable claim
of the opposition party that on compensation needs to be paid. It recognised that sympathy for the victim should not come in
the way while deciding compensation but the court should not refuse to provide “adequate compensation”. In light of this and
the peculiar facts of the case, it increased the sum of compensation to twenty-five lakhs each for the continuous medical
expenses that need to be borne and the loss of employment that the petitioner had suffered. Additionally, compensation for
the pain and suffering that the appellant had undergone amounting to ten lakhs, for the expenses of a driver-cum-attendant
for thirty years amounting to seven lakhs and twenty thousand, for nursing care amounting of fourteen lakhs and forty
thousand and physiotherapy expenses of thirty years amounting to ten lakhs and eighty thousand along with interest of 6%
was also granted.
7. WHO CAN FILE A COMPLAINT?
Any recognised voluntary consumer association whether the consumer is a
member of that association or not
The Central or any State Government;
One or more consumers where there are numerous consumers having same
interest. E
Legal heir or representative in case of death of a consumer.
A consumer;
8. CASE STUDY 4:
[BOTH PARENTS AND MINOR CAN CLAIM FOR COMPENSATION UNDER CONSUMER
PROTECTION ACT]
• Spring Meadows Hospital & Anr v Harjol Ahluwalia
• This appeal was filed before the Supreme Court by a hospital defending the
negligence of its nurses and a doctor which resulted in a minor being in a permanent
vegetative state subsequent to a brain haemorrhage. The issues revolved around
whether the parents of the child, not being the patient themselves, can ask for
compensation for mental agony caused to them. The court held that the definition of
services in the CPA is wide enough to include both the parents who pay for the
services and the child who is the beneficiary of the services. The National Commission
was found correct in its approach as it granted compensation to the child for the cost
of equipments and recurring expenses that he would have to bear owing to his
vegetative state, whereas the compensation provided to the parents was for the
agony caused and the lifetime care that the parents would have to provide.
9. AN UNFAIR TRADE PRACTICE OR A RESTRICTIVE TRADE PRACTICE ADOPTED BY ANY TRADER OR
SERVICE PROVIDER
GOODS BOUGHT BY HIM OR AGREED TO BE BOUGHT BY HIM SUFFER FROM ONE OR MORE DEFECT
SERVICES HIRED OR AVAILED OF, OR AGREED TO BE HIRED OR AVAILED OF, SUFFER FROM DEFICIENCY
IN ANY RESPECT;
PRICE CHARGED IN EXCESS OF THE PRICE
FIXED BY OR UNDER THE LAW FOR THE TIME BEING IN FORCE
DISPLAYED ON THE GOODS OR THE PACKAGE
DISPLAYED IN THE PRICE LIST, OR
AGREED BETWEEN THE PARTIES
GOODS OR SERVICES WHICH ARE HAZARDOUS OR LIKELY TO BE HAZARDOUS TO LIFE AND
SAFETY WHEN USED.
WHAT COMPALINTS CAN BE MADE?
10. CONSUMER DISPUTES REDRESSAL COMMISSIONS
District Commission State Commission National Commission
1. Composition president(district judge)+
>2 members
1 women
president(high judge)+
>2 members
1 women
president(supreme
judge:retd../prst..)+
>2 members
1 women
2. Jurisdiction Compensation: <20 L. Compensation: 20 L. to 1 Cr. Compensation: >1 Cr.
4. Appeal “30 days after date of order of
Dist.. Commission”
“30 days after date of order
of
Dist.. Commission”
“30 days after date of order
of
state.. Commission”
3.Area In every district In every state Janpath Bhawan (Old Indian Oil
A Wing, 5th Floor, Janpath, New Delhi.
Editor's Notes
NOTE:
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