Consumer Cases Monthly Round-Up: September 2023

Ministry of Consumer Affairs, Food and Public Distribution NCDRC & Department Of Consumer Affairs Claims A Disposal Rate Of 188% In The Month Of August, 2023 In an official government notification issued on September 19th, the Ministry of Consumer Affairs, Food & Public Distribution has announced an outstanding achievement in resolving consumer cases by the National Consumer Disputes Redressal Commission. This notification reveals that the National Consumer Commission and Department of Consumer Affiars have resolved a staggering 854 consumer cases in the month of August 2023 alone, whereas only 455 cases were filed during this period. Supreme Court Supreme Court Refuses To Hold Pharma Company Liable For Not Mentioning Adverse Reaction Of Vaccination, Says Doctor Should've Advised Patient Case Title: Prakash Bang vs Glaxo Smithkline Pharmaceuticals Ltd. & Anr. The Supreme Court has upheld an order of the National Consumer Disputes Redressal Commission (NCDRC) where the Commission had held that no case of deficiency of service or defect was made out against drug-manufacturer, Glaxo Smithkline Pharmaceuticals Ltd, in relation to the administration of vaccine Engerix-B. It was the case of the complainant that he along with his family members had got the vaccine administered by their family doctor and that the complainant had allegedly developed ‘myositis’ as an adverse reaction due to the administration of the vaccine. Consumer Protection Act | If Commercial Use Is By Purchasers Themselves For Earning Livelihood By Self-Employment, They'll Be 'Consumers': Supreme Court Case Title: Rohit Chaudhary & Anr. vs M/s Vipul Ltd. The Supreme Court has ruled that a person buying goods either for resale or for use in large-scale profit-making activity, will not be a ‘consumer’ entitled to protection of the Consumer Protection Act, 1986. However, if the commercial use is by the purchasers themselves for the purpose of earning their livelihood by means of self-employment, such purchasers of goods would continue to be ‘consumers’. Party Has Right To Address Final Arguments Before NCDRC Despite Not Filing Written Version : Supreme Court Case Title: ARN Infrastructure India Limited v. Hara Prasad Ghosh A Division Bench of the Supreme Court set aside the decision of National Consumer Disputes Redressal Commission, New Delhi (NCDRC), while upholding the principles of natural justice. The Court opined that although the opposite party had not filed its written version and may not have participated in the proceedings before the NCDRC, it nevertheless had the right to address final arguments before the NCDRC. While remanding the matter, the Court found that refusing to hear the opposite party while considering the complainant’s case on its merits amounted to a violation of the principles of natural justice. The Bench comprised of Justices B.V. Nagarathna And Ujjal Bhuyan. 'Army & Air Force Liable' : Supreme Court Awards Rs 1.5 Crore Compensation To Air Veteran Who Contracted HIV During Blood Transfusion Case Title: CPL Ashish Kumar Chauhan (Retd.) vs. Commanding Officers & Ors. In a significant judgment that reaffirms the principles of upholding the dignity, rights, and well-being of armed forces personnel, the Supreme Court has ruled in favor of a retired Air Veteran, holding the Indian Air Force (IAF) and the Indian Army jointly and vicariously liable for medical negligence. The appellant, who contracted HIV during a blood transfusion at a military hospital while falling sick on duty during Operation Parakram, has been awarded compensation amounting to 1 crore 54 lakhs 73,000. Prioritise Cases Of HIV Positive Persons : Supreme Court Directs All Courts; Issues Directions To Centre & States To Enforce HIV Act Case Title: CPL Ashish Kumar Chauhan (Retd.) vs. Commanding Officers & Ors. In a pathbreaking judgment delivered on September 26, the Supreme Court issued a series of vital directions to the Central and State Governments to ensure the effective implementation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (HIV Act). The Court further directed all Courts, Tribunals, and quasi-judicial bodies in the country to prioritize the cases relating to HIV-infected persons for early disposal as per the mandate of Section 34(2) of the HIV Act. The Court also directed that steps should be taken to keep the identity of HIV-infected persons anonymous. The Court passed these directions while awarding Rs 1.5 Crore compensation to an ex-Indian Air Force official who contracted HIV during a blood transfusion at a military hospital. The Court held both the Indian Army and the Indian Air Force jointly and severally liable for medical negligence. Medical Negligence & Res Ipsa Loquitur | Where Negligence Is Evident, Burden Of Proof...

Consumer Cases Monthly Round-Up: September 2023

Apoorva Pandita

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