Bhopal: Hear pending cases expeditiously, says Justice Kemkar

Underlining the important provisions of the new Consumer Protection Act, Justice Kemkar said that consumer complaints should be resolved in a time-bound and effective manner.

Staff ReporterUpdated: Saturday, July 23, 2022, 11:38 PM IST
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Bhopal (Madhya Pradesh): MP State Consumer Grievances Redressal Commission chairman Justice Shantanu S Kemkar has said that the Consumer Commission should hear pending cases on priority basis.

Underlining the important provisions of the new Consumer Protection Act, Justice Kemkar said that consumer complaints should be resolved in a time-bound and effective manner.

Justice Kemkar was addressing the one-day workshop on effective and speedy redressal of consumer complaints, organised by Madhya Pradesh State Consumer Disputes Redressal Commission at RCVP Noronha Academy of Administration and Management here on Saturday.

Principal Secretary, Food and Consumer Protection, Faiz Ahmed Kidwai said that the state consumer commission should coordinate with the collectors once in a month to get their orders to be followed for redressal of complaints.

Kidwai said that the State and District Consumer Commissions should e-file complaints. For this, MP Online and Consumer Service Centre can directly e-file at their level.

Kidwai said that like the Central Government, the ranking will be given to the commission on the basis of the work report for three months.

Lawyers expressed concern over delay in disposal of cases in the Consumer Grievances Redressal Commission or Forum at a workshop organised at RCVP Noronha Academy of Administration on Saturday. The subject of the workshop was speedy disposal of consumer complaints.

Former additional advocate general Ajay Gupta said, “Commission or forum should have law interns for assistance as this system has been adopted by High Court and Supreme Court for speedy disposal of cases. Interns will do legwork and help the judges.”

Secondly, a commission or forum should be techno-friendly. It should assimilate technologies in the system. Non-adherence of technologies delays disposal of cases in State Consumer Grievances Redressal Commission or Forum”.

Advocate Vijay Sahni, speaking on ATM fraud, said most cases pertain to ATM failures owing to a technical fault and withdrawal of money. He said as per RBI notification, regarding limiting liability of customers in unauthorised electronic banking transactions has limited liability of customers.

The speakers expressed their views on zero liability, which pertains to unauthorised transactions like contributory fraud, negligence, deficiency on part of the bank (irrespective of whether or not the transaction is reported by customer).

‘Surgery failure cannot always be due to medical negligence’

A doctor has freedom to choose and administer appropriate therapy or treatment, which he considers fit for a particular patient especially in cases of medical emergency. This was stated by orthopaedic surgeon Dr Dr Dipak Shah at a workshop organised on speedy disposal of consumer complaints here on Saturday.

“Hence, any complication, occurrence of infection, surgery failure or even death, cannot be considered in isolation and labelled as an act of medical negligence,” he said.

Former additional advocate General Ravindra Singh Chhabra said, “Doctors and patients should be provided questionnaires before affirming it as a case of medical negligence. Medical negligence should be decided on circumstances in which doctors have diagnosed the patients.

The definition of medical negligence has remained unchanged over the time. It is failure to exercise reasonable skill as per general standards in prevalent situations.

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