Consumer Cases Weekly Round-Up: 24th September 2023 –30th September 2023

Supreme Court '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 Shifts To Hospital: Supreme Court Case Title: CPL Ashish Kumar Chauhan (Retd.) vs. Commanding Officers & Ors. In a significant judgment delivered on September 26, the Supreme Court affirmed the applicability of the principle of res ipsa loquitur in the context of medical negligence cases, emphasizing its applicability in cases where negligence is evident and shifts the burden of proof onto the hospital or medical practitioners. Res ipsa loquitur means "the thing speaks for itself”. National Consumer Disputes Redressal Commission NCDRC Holds Real Estate Developer, Shreeniwas Cotton Mills Ltd. (“World One” Project) Liable For Unfair Trade Practices And Deficiency In Services Case Title: Anshul Aggarwal vs. Shreeniwas Cotton Mills Ltd. The National Consumer Disputes Redressal Commission (NCDRC), presided over by Mr Subhash Chandra allowed a consumer complaint and held that real estate developer (Shreeniwas Cotton Mills Ltd.) is liable for unfair trade practices and deficiency in services. It was found that the developer failed to hand over the possession of the flat as per the agreed terms. The residential building project “World One” was promoted without obtaining the necessary statutory approval from the Airport Authority of India (AAI). Despite the considerable passage of time, the developer failed to deliver possession of the flat to the complainant. Consequently, the Commission ruled in favour of the complainant, directing the developer to refund the complainant's payment of Rs 13,06,59,748/-, along with compensation in the form of simple interest at a rate of 12% per annum and litigation cost of Rs 50,000/-. Kerala State Consumer Disputes Redressal Commission Medical Practitioners Not Liable For Unpredictable Events, Kerala State Commission Dismisses Complaint Against Hospital Case Title: Kumari Ivana William and ors. vs M/s Velankanni Matha Hospitals Pvt. Ltd. and others The Kerala State Consumer Disputes Redressal Commission, led by President Justice Sri. K. Surendra Mohan, along with Judicial Member Sri. Ajith Kumar D. and Member Smt. Beena Kumary, recently dismissed a complaint filed by a woman who had undergone a delivery procedure at Velankanni Matha Hospitals. The State Commission rejected her allegations of negligence against the attending doctor, which had resulted in a condition known as brachial plexus in her newborn baby. The bench ruled that such events were unpredictable, and the doctors could not be held responsible for them. Additionally, the woman failed to provide sufficient evidence to substantiate her claims. Uttarakhand State Consumer Disputes Redressal Commission Uttarakhand State Commission Upholds Order Against National Insurance Company To Reimburse Loss Caused by Flood Case Title: National Insurance Company Ltd. vs Shri Triveni Prasad Thapliyal and Anr. The Uttarakhand State Consumer Disputes Redressal Commission bench comprising...

Consumer Cases Weekly Round-Up: 24th September 2023 –30th September 2023

Apoorva Pandita

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