LEXPEEPS editor – Page 464

INTRODUCTION

The consumer protection bill, 2019 was introduced in the Lok Sabha on 8 July 2019 by the Minister of Consumer Affairs and food and public distribution. The consumer protection act has made it mandatory for every e-commerce entity to display the country of origin. It was introduced by Ram Vilas Palawan.

First of all, the consumer is a person or a group of people, such as a household, who are the final users of products and services. A consumer is a person or a group who intends to order or uses purchased goods, or services primarily for personal, social, family, household and similar needs, not directly related to entrepreneurial or business activities. A consumer is one that buys goods for consumption and not for resale or commercial purposes. The consumer is an individual who pays some amount of money for the thing required to consume goods and services. Without consumer demand, producers would lack one of the key motivations to produce to sell to customers. The consumer also forms part of the chain of distribution.

CONSUMER RIGHTS

There are some consumer rights and they are as follows under:-

•THE RIGHT TO SAFETY: this right says that to be protected against the marketing of goods which are hazardous to life and health.

•THE RIGHT TO BE INFORMED: this right says that to be protected against fraudulent, deceitful, or grossly misleading information, advertising, labelling, or other practices, and to be given the facts he needs to make an informed choice.

•THE RIGHT TO CHOOSE: this right says that to be assured wherever possible, access to a variety of products and services at competitive prices, and in those industries in which competition is not workable and government regulation is substituted, an assurance of satisfactory quality and services at fair prices.

•THE RIGHT TO BE HEARD: this right says that to be assured that consumer interests will receive full and sympathetic consideration in the formulation of government policy, and fair and expeditious treatment in its administrative tribunals.

COMPLAINT

If you purchase any product and that product has some defect and after talking to the dealer from whom you had taken that product and that person is doing fraud with you, in case that person is not listening to anything, then the consumer can go the consumer forum and can file a complaint against that dealer and for that product as well.

For doing an online complaint in the consumer forum, we need to first open the main site of consumer helpline that is: WWW.CONSUMERHELPLINE.GOV.IN (national consumer helpline) (NCH). This is the official website of the consumer forum and anybody can file their complaint over there. This site has a toll-free number which says 1800114000 or 14404. This website has a symbol of JAAGO GRAHAK JAAGO and it is opened every day except the national holidays. The timings for this toll-free number is 9:30 AM to 5:30 PM.

For doing the complaint online, there are some terms and conditions which are as follows: If any consumer is taking any product or services for 1 lakh Rs and after taking it you have also given them the money and after taking the products or services, if the company has done any kind of fraud with the consumer then the consumer has to pay Rs 100 to file their complaint on the official website of the consumer forum. If the products or services are of more than 1 lakh Rs and less than 5 lakh Rs, then the consumer has to pay Rs 200 to file their complaint on the official website. If the consumer is taking products or services of more than 5 lakh Rs, then the consumer has to pay 400 Rs to file their complaint on the official website of the consumer forum. This goes increases and increases with an increase in money.

There are mainly four ways to file the complaint online as well as offline. These ways are as follows under:-

1. The place where the consumer is residing and the consumer can go to nearby consumer court physically and then file the complaint against the company or the dealer.

2. The second thing is that the consumer can call directly to the toll-free number given on the website and then tell them all problems and the fraud done by the other person.

3. On the website there is a number provided for SMS and the consumer can file their complaint through SMS as well and the number will be 8130009809. After sending SMS to this number, the helpline will call you back and then anybody can tell their problem.

For registering the complaint online, one has to sign up on the website given and they will send you one OTP on the given mobile number. Then, the consumer needs to fill all the details of their problem by logging in into the website and there they need to write every single detail with timings of fraud. Once submitted, complaints are assigned an electronically generated number. This can be used to track the status of the complaint until it gets resolved.

If any consumer wins the case filed through the consumer forum, then the consumer gets the great compensation from the other company. A complaint can be filed against any registered brand or service provider. The online complaint system has a dropdown menu of sectors, segments, and brands which includes all brands registered with the department of consumer affairs. Multiple complaints can be filed using the same login credentials and can be tracked online. The messages sent to the brand and consumer are also available for viewing to track progress. The complaints can be filed both in English and Hindi.

Case Number

Civil Appeals No. 688 of 1993 with No. 689 of 1993, W.P (C) No. 16 of 1994, C. As Nos. 4664-65 and 254 of 1994, 10039, 10081 and 10052-80 of 1995, decided on Nov 13, 1995

Equivalent Citation

1996 AIR 550, 1995 SCC (6) 651

Bench

Justices Kuldip Singh, S.C. Agrawal, B.L. Hansaria, JJ.

Decided on

13.11.1995

Relevant Act/Section

The Consumer Protection Act, 1986, Indian Medical Council Act, 1956; Specific Relief Act, Companies Act, 1956; Motor Vehicles Act.

Brief Facts

These appeals, special leave petitions and the Writ Petition raise a common question i.e., whether and, if so, in what circumstances a medical practitioner can be regarded as rendering ‘service’ under Section 2(1)(o) of the Consumer Protection Act, 1986. Connected with this question is the question whether the service rendered at a hospital/nursing home can be regarded as ‘service’ under Section 2(1)(o) of the Act. These questions have been considered by various High Courts as well as by the National Consumer Disputes Redressal Commission (NCDRC).

Issues before the Court

Whether the services of a medical practitioner can be considered as ‘services’ under Consumer Protection Act, 1986?

Whether hospitals and doctors come in the ambit of the Consumer Protection Act, 1986?

Ratio of the Case

NCDRC’s order decreed that the doctor – patient relationship is a contract for personal service and it is not master – servant relationship. A doctor is an independent contractor and the doctor, like the servant, is hired to perform a specific task. However, the master or principal (the hirer) is allowed to direct only what is to be done, and done, and when. The ‘how’ is left up to the specific discretion of the independent contractor (doctor). So, the doctor-patient relationship is a contract for personal service and as such, cannot be excluded from Consumer Protection Act.

The deficiency in service means only negligence in a medical negligence case and it would be determined under Consumer Protection Act, by applying the same test as is applied in an action for damages for negligence in a civil court.

Decision of the Court

The medical profession has been brought under the Section 2(1) (o) of CPA, 1986 and also, it has included the following categories of doctors/hospitals under this Section:

All medical / dental practitioners doing independent medical / dental practice unless rendering only free service.
Private hospitals charging all patients.
All hospitals having free as well as paying patients and all the paying and free category patients receiving treatment in such hospitals.
Medical / dental practitioners and hospitals paid by an insurance firm for the treatment of a client or an employment for that of an employee.

It excuses only those hospitals and the medical / dental practitioners of such hospitals which offer free service to all patients.

As a consequence of this judgment, effectively all private and government hospitals and the doctors employed by them and the independent medical/dental practitioners except primary health centers, birth control measures, anti-malaria drive and other such welfare activities can be charged under the Consumer Protection Act, 1986.

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Lex Research Hub Journal On Law and Multidisciplinary Issues (ISSN 2582 – 211X)

Lex Research Hub Journal On Law and Multidisciplinary Issues (ISSN 2582 – 211X) is an Online Journal is quarterly, Peer Review, Academic Journal, published online, that seeks to provide an interactive forum for the publication of articles in the field of Law and Multi-disciplinary issues.

THEME

We believe in bringing certain reforms in the present Legal Educational System, by publishing glorious submission of ingenious minds. The Journal believes that every issue or every aspect of the law is very important. Therefore, it does not emphasize on a particular theme of law. Contributors can submit their submission on any theme related to the field of Law, Policy & Governance.

ABSTRACT

A short abstract should be between 150 to 300 words that outlines the main question or theme addressed in the paper is required to be sent along with the submission.

NATURE OF SUBMISSION

The Lex Research Hub Journal On Law And Multidisciplinary Issues (ISSN 2582 – 211X) invites original, unpublished content from all academician, authors, legal professionals and students from across the globe, under the following categories-

Short Articles: (1500-2600 words, including footnotes)
Long Articles: (2500-4000 words, including footnotes)
Book Reviews: (1500-3500 words, including footnotes)
Case Comments: (2000-3000 words, including footnotes)
Research Papers: (4000-10,000 words, including footnotes)

[Note: Please don’t submit more than one submission until or unless your submission shall be disqualified.]

CO-AUTHORSHIP

A maximum of one co-author is allowed.

IMPORTANT DATES

Submission deadline: 25t September 2020

Note – We take 24 – 48 hours to review a paper and to notify the authors about the status (selected/rejected). Upon the selection of paper, we request authors to make payment of publication fees. Once we receive the payment, we take 24-48 hours to publish a paper and to dispatch the certificate of publication.

Altogether, We Take 4-6 Days to Publish A Paper

PERKS

Hard copy Certificate.

Best research paper or article or case comment will get an opportunity to work under our editorial team as “Intern Editor” and “Intern Researchers”

PUBLICATION FEES

Single Authored: INR 800/-

Co-Authored: INR 1200/-

FORMATTING GUIDELINES

The submission must be formatted according to the following specifications:

Body:

The submission must be word processed and font in Times New Roman.
The main text should be in font size 12.
A line spacing of 1.5 should be followed for the main text.
All text should be justified.

Footnotes:

The footnotes must be in Times New Roman font.
The footnotes shall be in font size 10.
A line spacing 1.0 for the footnotes is to followed.
All the footnotes should be justified.

CITATION GUIDELINES

The system of citation which is expected to be followed by the contributors is BLUEBOOK 19^th Edition.

PLAGIARISM POLICY

All the submission submitted for the publication to Lex Research Hub Journal On Law And Multidisciplinary Issues (ISSN 2582 – 211X) must be plagiarism free. We may use any software to find out the plagiarism. But it is the duty of the contributors to assure the originality before the submission.

[NOTE: Lex Research Hub Journal On Law And Multidisciplinary Issues (ISSN 2582 – 211X) shall not be liable for any plagiarism or copyright issue.]

HOW TO SUBMIT

Step One – Download Copyright Declaration Form, sign the form, and upload the same while submitting your paper.

Step Two – Submit your paper, Click here to submit

PAYMENT DETAILS

Google Pay or Paytm – 8001324635

or Pay through Payment Gateway

Please take a screenshot after payment and send it by mail

CONTACT DETAILS

Mobile – 08001324635 or 08436488805

Email – journal@lexresearchhub.com

For more information visit this website https://journal.lexresearchhub.com/call-for-paper/

Human Rights Law Network: About internship

HRLN’s internship programme is a challenging and interesting experience for those committed to human rights and social justice in India. We offer an exciting opportunity to participate in movements for social change and welcome people from all fields to contribute to our initiatives. Interns and volunteers are an integral part of our dynamic team and we greatly value their efforts, creativity and contributions.

HRLN appreciates the support it receives from its National and International interns/volunteers. Our interns and volunteers go back with the commitment to contribute to the society through the experience they have gained while working with us.

We welcome and encourage internship applications from students in law schools and Institutes of Social Work that are less well known and outside the metro cities.

We actively support women, dalit and disabled students and volunteers and will do our best to make reasonable adjustments to our working environments and practices to accommodate equal access and opportunities.

Priority consideration will be given to applicants who have exhibited an interest in human rights, social and legal issues, and an eagerness to interact, learn and teach, for example by their voluntary work or activism on relevant causes.

HRLN has zero tolerance for behaviour or attitudes that display sexism, racism, castism, homophobia, transphobia, or discrimination based on disability, age, community or religion. Our interns and volunteers will be treated in accordance with this code and in turn are expected to follow it while on placement with us.

HRLN is a voluntary organisation supported by donations and is therefore unable to pay or reimburse any intern or volunteer for their travel, food and accommodation expenses or provide insurance cover. Although you will always find HRLN colleagues helpful and friendly, as a small unit, we cannot provide assistance with accommodation and travel.
We Seek

Enthusiastic people committed to human rights, with willingness to interact with others, and increase their hands-on experience of social and legal issues. They should have good research, writing and communications skills, as well as showing an ability to meet tight deadlines.

We Expect

A minimum commitment of three months for international interns and one month for national interns who will work with an advocate or a social worker. Interns are expected to show professionalism while performing their tasks and produce a report at the end of their assignment.

Interns will build their capacity

– In conducting research related to HRLN’s initiatives
– In drafting public interest petitions
– In conducting fact-finding missions,
– In writing articles and publications for the website
– In organizing workshops and conferences and such-like.

They might also be required to travel to other parts of India to conduct fact finding and research on human rights issues.

Applications must be submitted before three months thereafter (January for April, February for May, March for June, and so on.) You can also apply in earlier.

How to Apply

If you are interested to undertake an internship programme, please send your application form, a recommendation letter, writing sample and CV to hrln.internships@gmail.com with a title in the subject line of your email: ‘Internship at SLIC: (mention month)’.

Download Application Form

Click here to download the Application Form

For more information on HRLN Internship, view our FAQ’s.

Contact:
576, Masjid Road, Jungpura
New Delhi – 110014
Tel: +91-11-24374501
Email: hrln.internships@gmail.com

Attachments

https://hrln.org/uploads/2020/07-July/09-Thu/Application%20Form_Internship_19-06-2020_Shaoni.doc

For more information visit this website https://hrln.org/page/intern-with-us

Christ (Deemed to be University), Delhi NCR

School of law, CHRIST (Deemed to be University), is an academic fraternity of individuals wherein, knowledge of the law is imparted by a teaching-learning process; teaching is supplemented by a variety of skills, such as skills in advocacy, legal writing, research, and management of time.

School of Law, CHRIST (Deemed to be University) is inviting everyone to attend the webinar organized on Key Strategies of Legal Research on 18 August 2020 on Cisco WebEx Platform.

The speaker for this webinar will be one of the eminent personality, Dr. Gaurav Kataria.

Associate Professor of Law Ethiopian Civil Service University, Addis Ababa, Ministry of Civil Service and Human Resource of Ethiopia

DATE: 18th August 2020

TIME: 1:30 pm – 3:00 pm

Link for registration: http://christncr.webex.com/christncr/k2/e.php?MTID=t931584a2b9b07b44639975ec3cf5272c

Session Number: 1266197842

Session Password: 8dAgmQMP3a3

*NO REGISTRATION FEE*

Perks

E-certificates will be provided to all.

About the organiser

The NUALS Law Journal (ISSN Number 2319-8273) is the flagship law review of the National University of Advanced Legal Studies, is a multidisciplinary, double-blind, peer-reviewed journal.

NUALS Law Journal Blog

The NLJB welcomes submissions, on any topic of law of contemporary relevance, from academicians, legal practitioners, students and researchers from the legal community.

Submission Guidelines

All submissions shall be made to nualsljblog@gmail.com with the subject “Submission for NUALS Law Journal Blog”.
By submitting an article, the author undertakes that the article is an original work and has not been submitted, accepted or published elsewhere.
Co-authorship is allowed for a maximum of two authors.
Plagiarism will result in summary rejection of the submission. Length of the article must not exceed 1500 words.
The content should be written in Times New Roman Font with a size of 12. Line Spacing should be 1.5
The article should be referenced using hyperlinks. In the event that a cited material does not have an online copy or reference, endnotes must be used instead of footnotes. Any endnotes must be in Times New Roman font, with size 10 and line spacing 1.
All submissions must follow the Bluebook (20th Edition) style of citation; non-conformity will be a ground for rejection.
Submissions must be made in .doc/.docx formats only.
Details of the author(s) should not be mentioned in the file containing the article.
Authors must include their full name, institution/organization and a bio not exceeding 50 words.

Contact Details

E-mail ID: nualsljblog[at]gmail.com

CALL FOR BLOGS

The Editorial Board of the RGNUL Financial and Mercantile Law Review (RFMLR) invites blog posts from legal practitioners, academicians, research fellows, undergraduate students, postgraduate students, etc., for RFMLR Sidebar.

ABOUT THE REVIEW

RGNUL Financial and Mercantile Law Review was set up as an academic initiative to promote research and debate in areas of financial and economic law. The review looks to understand the legal paradigm prevalent in India and South East Asia and how it affects finance and other cross border mercantile activities. The journal aims at giving the opportunity to legal academia, research scholars, legal practitioners and students to publish work that is at the cutting edge of doctrinal, theoretical and empirical research.

ABOUT THE BLOG

RFMLR is one of the established forums for creating a dialogue on corporate and Financial Laws. Through the platform of this Blog, the Editorial Board has made an attempt to further the objective of exchange of ideas and the reporting of new developments in all aspects of business, financial and mercantile laws, broadly defined. RFMLR invites submissions from students, legal professionals and practitioners on a rolling basis on corporate law, securities law, insolvency law, banking law, arbitration law, competition law and taxation law. Submissions can be in the form of articles, opinions, case comments and short notes on the aforementioned topics. We request you to read the Submission Guidelines carefully before sending your submissions.

SUBMISSION GUIDELINES

The co-authorship is limited to maximum of two authors.
All submissions must be in Times New Roman, font size 12 and Spacing 1.5.
Submission should contain endnotes instead of footnotes.
All endnotes shall be in Times New Roman, font size 10 and single-spaced.
Word Limit for each submission is between 1000 to 1300 words (exclusive of Endnotes).
The submission should be accompanied with a covering letter specifying the author’s name, designation, institute, contact number and e-mail for future reference.
All entries should be submitted in .doc or .docx format.
All selected entries will be published on the RFMLR Sidebar at rfmlr.com
The entries must be original, unpublished and an outcome of the author’s own efforts. The plagiarism limit is 12% (Exclusive of Endnotes).
The authors by submitting their entry would be deemed to have divested the copyright to RFMLR, however, all moral rights shall remain with the author(s).

CITATION FORMAT

The Bluebook, A Uniform System of Citation (20th Ed.) is to be followed for citation. All endnotes must be in Times New Roman, font size 10, single-spacing and justified text

CONTACT DETAILS

For any queries, please contact the Editorial Board at rfmlr@rgnul.ac.in.

Antahkarana Group is a non-profit organisation working for mental health inclusivity. We are working on various Mental Health issues through research work, content creation, organizing and executing campaigns, events or workshops and other public action with our volunteers’ support. There are on-ground projects as well in collaboration with various organisations.

This Research-Advocacy Project is one of its kind to bring together persons from legal and mental health background to work together on a macro level research of mental health care structure in India. We have shortlisted a few issues which need to be worked upon in terms of research and advocacy. We are looking for Research Interns from psychology or law background for this project. The work shall be done on a Volunteer basis.

Role of an Intern

As an intern, you’d be required to work with a team on a research issue for five weeks and submit research on that issue. They will also be provided with training sessions, to gain researching skills. Regular meetings with mentors will also be scheduled.

Skills you’ll learn

Researching Skills
Content Writing
Analytical and Logical Skills

Duration

24th August, 2020 to 30th September, 2020
(Flexible Timings)

Perks

Certificate of Internship
Letter of Recommendation

How to apply

Fill the Google form at
https://forms.gle/2qgnpD6xd1 7n5B9cg9

For more information visit here https://drive.google.com/file/d/1PUnAs9V8Y67VMq0wiuPAQbt6KxEshwiD/view

NUALS Law Journal (ISSN Number 2319-8273) is a student-edited law review at the National University of Advanced Legal Studies. The Journal is multidisciplinary, double-blind, and peer-reviewed.

The Editorial Board of the NUALS Law Journal (ISSN Number 2319-8273) is inviting submissions for its 15th Edition. The Journal, being the flagship law review of the National University of Advanced Legal Studies, is a multidisciplinary, double-blind, student-edited law review. We welcome submissions, on any topic of law of contemporary relevance, from academicians, legal practitioners, students and researchers from the legal community. All submissions will go through a rigorous review process and possible editing by the Editorial Board.

Word limit:

Articles of length 5000 to 10000 words (exclusive of footnotes; however speaking footnotes must be limited to 50 words); articles exceeding the word limit may be considered on merit.
Short Notes (between 1500 and 5000 words)
Case Comments (minimum of 1500 words)

Longer submissions may be considered on the basis of merit.

Submission guidelines

Submissions are to be made only in electronic form and must be sent to lawjournal@nuals.ac.in
Submissions are accepted on a rolling basis; the 15^th Edition will consist of two issues. The cut off for consideration for the first issue will be 24^th of October 2020, while the cut-off for the second will be the 21^st of February, 2021. All submissions after the 21^stof February will be considered for the 1^6th Edition.
All submissions are to contain an abstract, of not more than 250 words, accompanying the article. Please refrain from sending abstracts in separate word doc.
By submitting an article, the author undertakes that the article is an original work and has not been submitted, accepted or published elsewhere.
Plagiarism will result in summary rejection of the submission.
Co-authorship is allowed for a maximum of two authors.

Formatting Guidelines

All submissions must follow the Bluebook (20th Edition) style of citation; non-conformity will be a ground for rejection.
Submissions must be in Times New Roman font, with size 12 and line spacing 1.5.
All footnotes must be in Times New Roman font, with size 10 and line spacing 1.
Submissions must be made in .doc/.docx formats only.
The documents must not contain any identification markers. Eg: Name of the author after the title, Author as recognised by Word or any other meta data.

Receipt of submission will be intimated to the authors within two weeks of submission. Authors will be periodically updated on the status of review of their piece. If there are any doubts, the board can be contacted at lawjournal@nuals.ac.in

For more information visit this website https://nualslawjournal.com/submissions/

Editorial Policy: https://nualslawjournal.com/editorial-policy/

Vakeel Sahab Pro

Vakeel Sahab Pro is an online Indian legal Portal founded in the year 2020, envisioned to empower the Lawyer’s creed. Law is like an ocean the deeper you go, the more you realise its depth. We aim to enhance your legal knowledge and skills not only by providing a learning platform but to make use of law in forming your opinions and raising your arguments.
Our startup strives to bring innovative legal events and programs for participants who are willing to stand apart from the crowd and realise their potential in uncommon ways. Being part of the legal world is about adding value to your personality and professional development. We always try to achieve what is fruitful for your Curriculum Vitae as well as self-fulfilment. The usual bars to learning surrounded by orthodox methods leave no space for growth. Thus our mission should be to break the four walls of customary learning and think out of the box ways to advance our growth.

ABOUT THE COMPETITION

After the successful completion of the 1st National Article Writing Competition with such a marvellous response, herewe are moving further to organize our 2nd NATIONAL ARTICLE WRITING COMPETITION, which will be open for all ages and all fields.
During this COVID – 19 we all are at our home and we are having an excess of time to think and write so VAKEEL SAHAB PRO is giving you an opportunity to show your thoughts and ideas and we will provide you our platform.

ARTICLE TOPIC

The topic should be related to law or management.

ELIGIBILITY

Open for everyone.

SUBMISSION AND COMPETITION RULES

1. The article should be the original work of participants (25% plagiarism allowed)

2. Co – Authorship up to only one allowed.

3. Language: English ONLY

4. Submission should be in .docx format.

5. Font: Times New Roman Size: 14
Alignment: Justified

6. Two Co-authors can be from different colleges

7. Maximum word: 1500 words and MINIMUM words: 800 (excluding footnotes.

8. An article should have INTRODUCTION & CONCLUSION.

9. At the last of the article, you have to mention YOUR NAME (s), COLLEGE NAME, YEAR OF STUDY, COURSE WHICH YOU ARE PURSUING

10. You have to mail your articles to ayushku065@gmail.com11. SUBJECT of the mail – 2ND ARTICLE WRITING COMPETITION (YOUR NAME).

REGISTRATION PROCEDURE

All participants must register themselves by paying a nominal fee of Rs. 50/- only.
In the co-authorship, they have to pay Rs. 55 per team only (means 26 Rs per person).
NOTE: You have to pay fees first and after that fill registration form because you have to upload a screenshot of payment.
After payment please fill out this form CLICK HERE.

PAYMENT DETAILS

You have to pay the fee by PayTm / PhonePe / GooglePay/ BHIM / AMAZON PAY only in this number: 8933948420
NOTE: Take Screenshot after doing payment and after that, you have to upload in the Google form.

PRIZES

1st Prize: 1500 Rs.
2nd Prize: 1000 Rs. (3 Free Publications on Vakeel Sahab Pro + COLLEGE AMBASSADOR POST)
3rd Prize: 1 Free publication + COLLEGE AMBASSADOR + INTERNSHIP in Vakeel Sahab Pro in September.
+ Top 10 Articles will be published on our website. (WITH PUBLICATION CERTIFICATE)
E – Certificates for every participant.

IMPORTANT DATES

* Last date for registration and payment of fee: 16 AUGUST 2020
* Last date of Submission of an article: 20 AUGUST 2020
* Announcement of Results: 27 AUGUST 2020
* Certificates will be dispatched from 1 SEPTEMBER 2020

CONTACT DETAILS

Contact for any query if you have:

AYUSHKU065@GMAIL.COM (Note: after Ku 0 is Zero)
Mobile Number: 8112457884 ( WhatsApp)