Economic and Business(2003 format)

8/7/2019 Economic and Business(2003 format)

1/29

Amity Business School

Economic and BusinessLegislation

Project

Presented By:Pallavi Vaid(01)

Supriya Bahl(03)Priyanka Sharma(19)Garima Agnihotri(26)

Dinkar Nautiyal(32) Abhishek Khobragade(33)


2/29


PEERLESS HOSPITAL ANDB.K.ROY RESEARCH

CENTRE Plaintiff VsGOPAL CHANDRA

MUKHERJEE & ORS. Defendant


3/29


PEERLESS HOSPITAL AND B.K.ROYRESEARCH CENTRE

Peerless Group of Companies today stands front-rankingprivate sector service-oriented organization, founded byLate Radhasyam Roy way back in 1932.Peerless Hospital & B.K.Roy Research Centre is a

multidisciplinary super-specialty hospital. It is located within the serene and unpolluted natural

surroundings, near the southern periphery of Calcutta. Itis a referral center of Eastern India and nearby countries.

The hospital has most of the major clinical and medicalspecialties.

The departments are fully equipped with the latest,advanced and state-of the art diagnostic and therapeuticgadgets.


4/29

Amity Business SchoolGopal Chandra Mukherjee

Gopal Chandra Mukherjee is a retiredCentral government employee and has beenissued CGHS (Central Government HealthScheme) Card No. P56383, covering him andhis wife for benefit under the Scheme .


5/29

Amity Business SchoolCase Facts

On 2 nd January, 2005 the Defendant Gopal ChandraMukherjee who is a CGHS card holder took his wife for treatment for the acute retention of urine and no easing for stool to Peerless Hospital and B.K. Roy Research Center on

the advice of their family doctor.Peerless Hospital and B.K. Roy Research Centre had enteredinto a memorandum of agreement with the Director, CentralGovernment Health (CGHS) for being recognized under theCGHS for treatment of beneficiaries covered under CGHS.His wife was examined by the doctors on duty at theemergency department of the petitioner hospital whodiagnosed her problem to be a case of rectal prolapserequiring surgery and advised admission under Dr. AmolChakravarti, a surgical specialist.


6/29


When he went to the admission counter and filled in therequisite form for admission, he was directed to first deposit asum of Rs.5000 as a pre-requisite for admission.He pleaded that he was not required to make such a paymentsince he was a CGHS card holder.

He met the Public Relation Officer of the hospital, who tooexpressed his inability in the matter.As per the respondent-complainant, he was forced to leave thehospital with the ailing wife, as admission without depositingthe advance was not possible.

The complainant, however, subsequently got his wife admittedin the Apollo Gleneagles Hospital, which was similarlyregistered with the Director CGHS, and availed their treatment.


7/29


8/29


The State Commission, therefore, while dismissing theappeal, imposed a cost of Rs. 5000 on the petitioner hospitaland directed them to pay the same along with thecompensation within a period of thirty days from the dateof communication of the order, failing which the amountswere directed to carry interest @ 10% per annum till payment.Further aggrieved that the petitioner hospital has filed thisrevision petition in 2008, stating that the defendant didnt

produced the card and thereafter that the cards actual validitywas till 30th June, 1997. A duplicate card, with anendorsement valid for whole life issued on 26th October 2005 to the defendant.


9/29

Amity Business SchoolFinal Judgement

REV ISED PE TITIO NDISM ISSED

THE HONORABLE COURT on 20.04.2010 has rejected this argumentholding that since the Apollo hospital on the basis of the same CGHS card hastreated the patient and therefore, the claim of the petitioner hospital that no suchcard was ever produced or that the card was not valid on that day, could not be

believed.

And the final decision was that the petitioner hospital was directed to pay the

compensation of Rs50000 along with the costs of Rs15000 (I.e., Rs 5,000 asawarded by the state Commission and Rs. 10,000 as awarded by thisCommission) within a period of two months to the respondent-complainant,failing which the amounts will carry interest@9% per annum till date of the

payment.


10/29


11/29

Amity Business SchoolPetitioner and Respondent

The person presenting a petition to a courtor other body in order to institute an equityhearing or to appeal from a judgment is aPetitioner .

The opponent in such a proceeding isknown as the Respondent .


12/29


IN D IAN CO NT R A C T A C T , 1872

CONTRACT: Sec.2(h)- An agreementenforceable by law is a contract;

It indicates two features:-IT IS AN AG REEME NT&

It is E N FORCE A BLE BY L A W

Every contract is an agreement, but everyagreement may not be a contract.


13/29


CL A SS I F I C ATI O N OF CO NT R A C T S

On th e ba sis of enfor c eab i lit y-VALID CONTRACTVOID CONTRACTVOIDABLE CONTRACTILLEGAL CONTRACT

Onth

e basis

of mode of crea

tion-EXPRESSED CONTRACT

IMPLIED CONTRACT


14/29


15/29


ESSENTIALELEMENTSTO

CONTRACT

FREECONSENT

COMPETENCYTO CONTRACT

(11 )

LAWFULCONSIDERATION(

2D)

OFFER ANDACCEPTANCE

LAWFULOBJECTS

LEGALFORMALITIES

COMPETENCEof PARTIES

CONSIDERATION


16/29

Amity Business SchoolBrea ch of Con t ra ct

Breach of contract by a party is also a method of

discharge of a contract, because breach also brings

to an end the obligations created by a contract on the

part of each of the parties. Of course the aggrieved

party can sue for damages for breach of contract as

per law; but the contract such stands terminated.T ype s of Brea ch :

Actual BreachAnticipatory Breach


17/29

Amity Business SchoolRemed ies of Brea ch

Rescind the contract i.e. terminate or cancel it.Suit for damages

Suit for specific performanceSuit for injunctionSuit for Quantum Meriut.


18/29


19/29

Amity Business SchoolConsumer Rights

The right to safety. The right to information. T

he right to choose. The right to be heard. The right to seek redressal. T

he right to consumer education. The right to basic needs. The right to a safe and healthy environment.


20/29

Amity Business SchoolConsumer

According to Section 2(d)(i) of C O PRA aconsumer is any person who buys, hires or avails of any goods or services for aconsideration which has been paid, or promised or partly paid or promised or paidunder a system of deferred payment.

According to Section 2(d)(ii) of the act theterm consumer also includes any user of such goods or a beneficiary of such services.


21/29

Amity Business SchoolContinues

Buyer of goods. User of the goods.

Hirer of services.Beneficiary of services.


22/29


Section 2(1) (o): T his states that "service" means service of any descriptionwhich is made available to potential usersand includes the provision of facilities in

connection with banking, financing,insurance, transport, processing, supply of electrical or other energy, board or lodgingor both, 1[ housing construction,]entertainment, amusement or thepurveying of news or other information, butdoes not include the rendering of anyservice free of charge or under a contractof personal service.


23/29


Section 14(1) (d): T his asks the parties to paysuch amount as may be awarded by it ascompensation to the consumer for any loss or injury suffered by the consumer due to thenegligence of the opposite party.

Section (21) (b): T he jurisdiction of the NationalCommission in revision has been laid down insection 21(b) of CPA. T his is limited to consumer disputes wherein a State Commission

has exercised a jurisdiction not vested in it by law,or has failed to exercise jurisdiction so vested, or Has acted in the exercise of its jurisdiction illegallyor with material irregularity


24/29


Section 21(g) of the act what deficiencyis.

It means any fault, imperfection, short-

coming or inadequacy in the quality,nature and manner of performance whichis required to be maintained by or under law or which the provider of service hasundertaken to perform in pursuance of acontract.Eg: Karnataka housing board case.


25/29

Amity Business School Advisory Bodies

The Central Consumer Protection Council(SEC TIO N-4 of C O PRA)

The State Consumer Protection Council(SEC TIO N-7 of C O PRA)

The District Consumer Protection Council(SEC TIO N-8 of C O PRA)


26/29

Amity Business School Adjudicatory Bodies

A Consumer Disputes Redressal Forumalso known as District Forum.

A Consumer Disputes Redressal Forumalso known as state commission. A National Consumer Disputes Redressalcommission also known as the Nationalcommission.


27/29

Amity Business SchoolGROUP LEARNINGS

Through the understanding of this case we got to know aboutmany new terms and facts which were unknown to us like:

1. Memorandum of A greemen t : It is a document describing a

bilateral or multilateral agreement between parties. It expressesa convergence of will between the parties, indicating an

intended common line of action. It is often used in cases where

parties either do not imply a legal commitment or in situationswhere the parties cannot create a legally enforceable

agreement.


28/29


2. We also came to know about the Consumer Protection Act, 1986 and its few sections like,Se cti on 2(1)(d), Se cti on 2(1)(g), Se cti on 2(1)(o),Se cti on 14(1) (d), Se cti on (21) (b)

3. Also we got to know about the rights of theconsumers such as right to seek redressal and rightto be heard which today plays an important role to

justify the mere existence of the individual in thesociety as a consumer.


29/29


Economic and Business(2003 format)

Documents