Vol
: 53, October 2007
Your E-Newsletter
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CONSUMER FOCUS
Implementation of the Conditional Access System needs
consumer perspective
Over the past month, two important events brought
the focus back on to the Conditional Access System.
The first was a new set of tariff regulations issued
by TRAI for cable television services in non-CAS areas.
Another was a report brought out by the Voluntary
Organisation in Interest of Consumer Education (VOICE),
on CAS implementation in South Delhi. The report came
out a crucial time for subscribers in India, with
the government contemplating a further roll-out of
CAS in other parts of the Metro Cities and India.
The report assesses customer satisfaction with the
services, and finds dissatisfaction with the current
system, and that as usual, consumer ignorance and
the lack of political will contribute to blunt some
fantastic regulations, writes Mr Bejon Mishra.
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CONSUMER
NEWS
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Government
agencies to coordinate sale of onion in Delhi(Wednesday,
October 10, 2007)
NAFED, Mother Dairy, Kendriya Bhandar and Delhi
Government's Food and Supplies Department would
act in coordination with each other and continue
their present market intervention measures for
sale of onion in Delhi.
Ahmedabad
Consumer Forum asks United India Insurance to
pay compensation(Saturday, October 06, 2007)
The Consumer Disputes Redressal Forum, Ahmedabad
District (Rural), has ordered United India Insurance
Company to pay compensation of over 5,000 US
dollars to one Smruti Bhasker Patel in an overseas
medical claim policy.
Chair on consumer law and practice to be set
up at NLSIU, Bangalore(Friday, October 05,
2007)
A Chair on Consumer Law and Practice will be
set up at National Law School of India University
(NLSIU), Bangalore. An agreement to this effect
was signed here today between Department of
Consumer Affairs and NLSIU in the presence of
Shri Sharad Pawar Minister for Consumer Affairs,
Food & Public Distribution and Agriculture.
Gold
hallmark to be made mandatory next year(Thursday,
October 04, 2007)
To protect consumer interest, the Bureau of
Indian Standards will soon make the presence
of Hallmark on gold jewellery mandatory starting
next year.
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PREVIOUS
ISSUE
The
telecom sector in India is booming with over seven
million new telephone subscribers being added every
month. With such skyrocketing increase in the number
of telephone consumers, the grievances of consumers
could not be neglected. The Telecom Regulatory Authority
of India (TRAI) has brought out new regulations to
redress consumer grievances and make settlements in
May, 2007 - Telecom Consumers Protection and Redressal
of Grievances Regulations, 2007 (TCPRG Regulations,
2007). They seek to address consumers' grievances
in more a effective, speedier and inexpensive way.
In this issue Archana Mishra focuses on the TCPRG
Regulations, 2007, previous measures taken by TRAI
for protection of consumers’ interest and the
Common Charter of Service as agreed by the Service
Providers.
Read
more…
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CONSUMER
NOTIFICATIONS & CIRCULARS
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S.O.1688(E)
(01 Oct 2007)
Draft Order - Restriction on Use of Fenthion Order,
2007
G.S.R.641(E)
(01 Oct 2007)
Cigarettes & Other Tabacco Products (Packaging and
Labelling) Rules, 2006 - Enforcement date further extended
S.O.1689(E)
(01 Oct 2007)
Draft Order - Withdrawal of Metoxuron Order, 2007
S.O.1687(E)
(01 Oct 2007)
Draft Order - Restriction on Use of Diazinon Order,
2007
GSR
633(E) (29 Sep 2007)
Cigarettes and other Tobacco Products (Packaging and
Labelling) (Amendment) Rules, 2007
G.S.R.631(E)
(28 Sep 2007)
Amendment in the Insecticides Act, 1968
S.O.
1645 (E) (27 Sep 2007)
Price Notifications
S.O.
1660 (E) (27 Sep 2007)
Price Notifications
S.O.
1662 (E) (27 Sep 2007)
Price Notifications
S.O.
1642 (E) (27 Sep 2007)
Price Notifications
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CONSUMER
JUDGMENTS
Ram
Avtar Patwari and Others vs State of Haryana and Others
[SUPREME COURT OF INDIA, 28 Sep 2007]
Posts of Patwar candidates to be deputed to the Patwar
Training School and on completion of training, for appointment
as Patwaris - Plea that selection beyond the advertised
posts was bad in law - High Court held that selection
was bad and there was no equity in favour of the selected
candidates - Appeal against - Held, details and the
records do not appear to have been considered by the
High Court - Distinguishing features noted by this Court
vis-'-vis those in Satpal Singh and Ors. v. State of
Haryana (1995 (3) SLR 787) were also not noticed - It
would be appropriate for the High Court to reconsider
the matter in the light of decisions - Appeals disposed
of.
Union of India and Others vs S. Vinodh Kumar and Others
[SUPREME COURT OF INDIA, 18 Sep 2007]
Competition - Vacancies were advertised for the post
of 'Gangman' by the Waltair Division of the then South
Eastern Railways - High Court directed appellants to
appoint the respondents by lowering the cut-off marks
against the posts reserved for candidates belonging
to Scheduled Caste and Scheduled Tribe candidates -
Appeal against - Held, general candidates were required
to fulfill the eligibility clause including the cut-off
marks fixed therefore. Respondents admittedly did not
do so - High Court committed a serious error in directing
the appellants to lower the cut-off marks - Cut-off
mark 20 was fixed for the Scheduled Caste and Schedule
Tribe candidates - The same was not meant to be applied
to the general category candidates - Even wait-listed
candidates have no legal right to be appointed - Appeal
allowed.
Rajeev
Hitendra Pathan and Others vs Achyut Kashinath Karekar
and Another [SUPREME COURT OF INDIA, 17 Sep 2007]
Consumer Protection Act, 1986 - Order passed by National
Consumer Disputes Redressal Commission, New Delhi holding
that State Commission has the power to restore the complaint
which was dismissed for default - Held, effect of amendment
to the Act in 2003 whereby s. 22(A) was introduced has
the effect of conferment of power of restoration on
National Commission, but not to the State Commission
- In view of divergence of views expressed by coordinate
Benches, we refer the matter to a larger Bench - Order
accordingly.
Messrs
Controls and Switchgear Company Limited, New Delhi vs
(1) Messrs Daimlerchrysler India Private Limited, Pune;
(2 ) Messrs T and T Motors Limited, New Delhi [NATIONAL
CONSUMER DISPUTE REDRESSAL COMMISSION, 17 Sep 2007]
Consumer Protection - If one of the most luxurious brand
of the car, namely, the Mercedez-Benz, which is represented
as the World's finest automobiles built on a simple
principal "even the best can get better'', gives
trouble within the three months from the date of its
purchase, would a consumer be satisfied by such a car?;
whether he is entitled to replacement of the vehicle
or refund of the purchase price? - Held, if the car
is defective, may be, on one or other count but that
would not give any satisfaction to the consumer who
has spent large amount for its purchase - Non-replacement
of the vehicle in these set of circumstances, would
tantamount to unfair trade practice - For the second
car it would be just and proper to direct the Opposite
Parties to remove that defect, if possible - Complaint
disposed of.
Union
of India vs Shiv Shanker Kesari [SUPREME COURT OF
INDIA, 14 Sep 2007]
Narcotic Drugs and Psychotropic Substances Act, 1985,
ss. 8, 15, 27A and 29 - High Court accepted the prayer
for bail on the ground that the recovery was not from
the exclusive possession of the accused-respondent and
other members of the family are involved in the case
- Appeal against - Held, provision itself provides no
person shall be granted bail unless the two conditions
are satisfied, they are; the satisfaction of the Court
that there are reasonable grounds for believing that
the accused is not guilty and that he is not likely
to commit any offence while on bail - If either of these
two conditions is not satisfied, the bar operates and
the accused cannot be released on bail - Impugned order
is clearly unsustainable and is set aside - Appeal allowed.
United
India Insurance Company Limited, Through Deputy Manager,
New Delhi vs Ravi Kant Gopalka, Proprietor of Messrs
Chhotanagpur Finance Corporation, Hazaribagh (District)
[NATIONAL CONSUMER DISPUTE REDRESSAL COMMISSION, 13
Sep 2007]
Insurance - Theft - District Forum allowed the complaint
and directed the insurance company to pay a sum of Rs.1,
65, 000/- with interest at the rate of 10% p.a. from
1.1.1998 till its payment, together with a compensation
of Rs.1, 000/- and state commission confirmed the order
- Revision petition against - Plea that act of taking
away of the vehicle by the driver would not amount to
theft - Held, this would be a malicious act and the
policy covers such peril - Exclusion clauses also nowhere
provide that an offence under s. 406 of I.P.C. is excluded
- Loss of the car could also be construed to be covered
by the general category of malicious acts, a set of
grounds used in the policy - Petition dismissed.
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