கன்சூமர் rights

THE CONSUMER PROTECTION ACT ENSHRINES
THE FOLLOWING RIGHTS OF CONSUMER:
Right to be protected from hazardous goods and services

Right to be informed about the quality and performance of goods and services

Rights to free choice of goods and services

Right to be heard in decision making process concerning consumer interests
Right to redressal if consumer rights are infringed
Right to consumer education

THE PATIENT AS A CONSUMER


Traditionally, patients in India have unquestioning trust in their doctors. Most doctors deserve it. But in some cases, medical negligence has resulted in severe harm physical, mental and financial . In addition, Unqualified practitioners have brought suffering to gullible patients. Doctors have been liable to prosecution in civil court, but few malpractice victims sue for compensation, fearing years (even decades) of costly litigation. Fortunately, in 1995 the Supreme Court decreed the medical profession to be a "service" under the Consumer Protection Act, 1986.It set aside a writ Petition challenging the same by the Indian medical Association.

WHAT IS MEDICAL NEGLIGENCE?

Medical negligence is defined as a failure to exercise reasonable skill and care in diagnosis and treatment as per the prevalent standards as that particular point of time. An aggrieved patient who believes that he is a victim of medical negligence can now approach the Consumer Courts for fair compensation, and expect results in a relatively shorter period of two to three years. The procedure is comparatively simple and inexpensive.

THE PATIENT'S RIGHTS

In the interest of a healthy doctorpatient relationship, A patient should Know his rights as a consumer:

1. You have a right to be told all the facts about your illness; to have your medical records explained to you; and to be made aware of risks and side effects, if any, of the treatment prescribed for you do not hesitate to question your doctor about any of these aspects.
2. When you are being given a physical examination, you have a right to be handled with consideration and due regard for your modesty.
3. You have a right to know your doctor's qualifications. If you cannot evaluate them yourself, do not hesitate to ask someone who can.
4. You have a right to complete confidentiality regarding your illness.
5. If you are doubtful about the treatment prescribed and especially an operation suggested, you have a right to get a second opinion from any specialist.
6. You have a right to be told in advance what an operation is for and the possible risks invoved. If this is not possible because of your being unconscious or for some other reasons, your nearest relatives must be told before they consent to the operation.
7. If you are to be discharged or moved to another hospital, you have a right to be informed in advance and to make your own choice of hospital of nursing home, in consultation with the doctor.
8. You have a right to get your case papers upon request.

A PATIENT'S PRECAUTIONS UNDERGOING OR PLANNING MEDICAL TREATMENT

1. Make sure you have told all relevant facts to the doctor before deciding any treatment.
2. Unless it is a life threatening emergency, the final decision about the treatment should be taken after proper deliberation and/or second opinion.
3. Please seek clarification for all the doubts regarding diagnosis/treatment/investigation.
4. Discuss with your doctor the cost of the treatment. Please make sure the cost includes possible complications.
5. During the treatment, If you are not satisfied with any aspect and/or have doubts, seek clarification from the doctor.
6. Keep all receipts/prescriptions/reports/discharge cards safely and keep extra photo copies.
7. After treatment clarify all doubts regarding bills/payments etc before discharge.
8. Involve your family physician in the discussion with the specialist doctor.
9. In case of a deth during the treatment, if you are not satisfied with the cause of death, demand a post mortem examination and get copies of the entire Indoor Case Record. This is the right of every patient/legal heir.
10. It is necessary and correct to discuss with the concerned doctor all the doubts before resorting to any legal action. Many of the complications/delays/mishaps in any medical treatment can be genuine.
11. In case you require expert medical advice regarding the legitimacy of your complaint about medical malpractice or deficiency in service you may approch the Association for Consumer Action on Safety and Health (ACASH) or any similar organisation.

CPA AND MEDICAL NEGLIGENCE

The Consumer protection Act 1986 (CPA) is a unique legislation which provides for speedy and economical redressal in a simple manner. It has been held in a number of cases under CPA that instances of medical negligence are covered by CPA. Given below is a brief of the provisions under CPA.
Those unfortunate enough to experience gross malpractice may approach (in writing or in person) the District Consumer Disputes Redressal Forum when the compensation claims amount to less than Rs.5 Lakhs. Claims between Rs.5 Lakhs and Rs.20 Lakhs may be taken to the State Consumer Dispute Commission. Claims above Rs.20 Lakhs may be placed before the National Consumer Disputes Redressal Commission. The addresses of the above bodies may be obtained from your local consumer organisation. All complaints must be endored by the written opinion of two expert specialists in the medical field.

CHECK IF YOUR COMPLAINT COVERS THE FOLLOWING POINTS

1. Name and Address of the complainant in full.
2. Name and Address of the opposite parties.
3. When and where cause of the complaint arose.
4. Particulars of the complaint in detail along with supporting documents as exhibits.
5. Relief prayed. such as replacement/removal of defect or return of price/compensation for expenses incurred & physical/mental torture, if any. While asking for claims the amount should be within reasonable limits and justifiable.
6. The entire set of papers regarding the complaint, along with exhibits, is to be given in 1+3 sets and one set each for every aditional opposite party.

INSTRUCTIONS

1. The relief claimed by you should be in clear word.
2. The complaint can be sent in Marathi,Hindi or English. If the company's office is in another State, it is better to make the complaints in English.
3. The complaint should not be on a post card.
4. Three copies of the complaint, together with all the annexures for the Forum and extra sets for each of the opponents should be filed, together with the above three copies.
5. The complaint can be sent by post.
6. Complaints of a representative nature may be filed by registered Consumer Organisations Like Consumer Guidance Society of India.

WHAT ARE RATIONS ?

Rations are the monthly quotas of certain essential commodities distributed at special rates to ration card holders by the goverment under the Public Distribution System (PDS). Rations are essential for people with limited incomes hence card holders need to know their rights and assert them in order to get their rations regularly. The purpose of the Public Distribution System is to exercise some control over prices of essential food grains and commodities in the open market ensure supply of these to the average citizen an those living below the poverty line. For adivasis and people living below the poverty line, the goverment subsidises the cost of essential commodities, thus further reducing Prices for these sections. But in some areas these ration are not made avilable to them.

RATIONING RULES AND CARD HOLDERS RIGHTS

1. THE WEEKLY QUOTE IS NOT FORFEITED IF NOT PURCHASED: For the convenience of consumer who cannot buy the fortnightly quote at one time, purchase of rations on a weekly basic is permitted. If a card holder cannot purchase his rations in the first fortnight of a month. he can do so in the second. Sugar is available owing to shortage or strikes by shopkeepers, truckers or godown employees in a particular month, these quotas will be made available in the next month by the government.

2. DISPLAY OF SAMPLES: Samples of food grains, etc are to be displayed in sealed plastic bags. The general impression that rations are of poor quality is not correct.They have to be clean. The state goverment is supposed to lift stocks from the Food Corporation of India only after proper examination. It does not accept spoilt stocks. If the grains are of bad quality you have a right to complain and have then exchanged. Samples of the available food grains have to be displayed in the ration shops in sealed plastic bags bearing the number of the godown and the date of delivery. The card holder can compare the quote given to him with the sample in the bag and ensure that he is given the same quality. If samples are displayed in plates you could be cheated.

3. ENSURE THAT YOU GET A RECEIPT: The receipt is yellow in colour and in simple language. If the figures are not clear ask the shopkeeper to write them down legibly. The receipt should give the date of purchase, details of the rations supplied and the number of the ration shop in Marathi only. There is no rule that the ration can be purchased only once a day. You may make more purchase separately on the same day.
If the shopkeeper has no change, ask him to write the amount due on the back of your receipt and to sign below so that the amount can be adjusted against your next bill.

4. You are entitled to buy only the commodities you require. The shopkeeper cannot insist that you buy Wheat or rice in order to get your quota of kerosene or sugar.

5. A fee of Rs.5/- is charged for new card. The fee for replacement of a lost card is Rs.10/-. There is no charge for issuing a temporary card, or for adding or deleting names in the ration card.

6. When applying for a new card or adding names to a card, verification will be carried out after your application is received and the card will be made available within 10 days.

7. To obtain a ration card, applicants do not need to have a fixed residence. Tenants, sub-tenants, pavementdwellers,temporary construction workers,contract labours and hostels can all obtain ration cards after inspection to verify produce a "no objection" certificate from the owner of the premises.

8. If a card holder is moving from one Locality of greater Mumbai to another, there is no need to surrender his card. A slip giving the address of the rationoing office for the new residence, reference number and the number of the new ration shop (ARS No.) will be attached to his ration card by the rationing office. The card holder should first go to his change of residence; the officer in change will guide him regarding the steps to be taken.

9. If the card holder is moving to mumbai from distrcts or from outside the state, he will have to get a surrender slip from his old rationing office and present it at the new rationing office. If the card holder did not have a ration card in his former home he will have to get a certificate from the 'talathi' of his district to this effect. In case where documentary evidence cannot be produced, the Rationing Inspector will inspect the home, verify the statement of the applicant and issue a temporary card.

10. Card holders should not be intimated by threats made by the shopkeeper. He has no powers to seize, change or cancel their cards.

INFORMATION TO BE DISPLAYED

The ration shop has to display:
a. The registration number of the ration shop (ARS No.).
b. The number, address and phone number of the ration office.
c. The inspector's name and the time of his weekly visit.
d. The stock position of all rationed commodities in units.
e. The official price list.
f. The total number of ration cards registered with the shop.
g. The total number of units.

A complaints book has to be available to card holders.

HOW TO GET A RATION CARD

You can obtain an application from for ration cards from your ration office or district office on payment of Re.1/- There are three types cards, Yellow, orange and white. The yellow cards are given to families below the poverty line, i.e. those having an annual income between Rs.15,000/- and Rs.1 Lakh. Those families having an annual income of over Rs.1 Lakh are given white cards.
Listed below are the various types of forms to be filled up by card holders.

a. To obtain a new ration card, fill up form No.1, attach all the required documents and pay a fee of Rs.5/- only. The card should be received within 10 days.
b. For deleting names from the card, fill up Form No.9 and get a certificate from the ration office to this effect. This should be done the same day or at most the next day.
c. For adding names fill up from No. 8. The change should be made within 7 days.
d. To replace a lost or mutilated ration card, fill up from No. 15. The card should be replaced within 10 days.
e. For other alternations such as change of address fill up from No. 14. The change should made within 7 days.
Approach the Public rations Officer at Window No. 1 for Free assistance. Do not involve any middlemen who approach you.
llliterate applicants or those who do not know Marathi should seek help at Window No.2 to get their forms filled up. Completed forms for new ration cards are also accepted at this window.
Application for increase in the number of units will be received and registered at window No.3. People wishing to surrender their ration cards can get a receipt for the same at this window.
Distribution of ration cards, registration and accounts will be handled at window No.4.

RATIONING SYSTEM URBAN AND RURAL

The Food and Civil Supplies Department of the state goverment controls the functioning of the PDS, Policy decisions are taken by the Rationing Controller.
In the Greater Mumbai and Thane Industrial Zone there are 6 zonal offices:
1) Zone A-Office Nos. 1,3,5,6,9,11 and 13
2) Zone C-Office Nos. 15,16,17,18,19,20 and 21
3) Zone D-Office Nos. 22,23,24,25,26 and 29
4) Zone E-Office Nos. 30,31,32,33,34,35,44 and 45
5) Zone F-Office Nos. 36,37,38,39, and 40
6) Zone G-Office Nos. 27,28,42 and 43
The head of a rationing office is the Rationing Officer. The Asst. Rationing Inspector and the staff help in the day to day Functioning of the office. The staff helps to redress the grievances of the public and guide them.

THE RURAL SECTOR

In rular Maharashtra the Addl. District Collector is in over all charge of the P.D.S but the District Supply Officer operates on his behalf. At the taluka level the Tehsildar heads the rationing operations. There is a head clerk to assist him and a rationing inspector who is charge of 100-125 villages. Hence, it is impossible for the inspector to physically inspect them often. In rural areas, card holders obtain Kerosene from authorised kerosene suppliers. The Chairman of various co-operative societies are required to certify that the quota given to the shop has been properly distributed before a fresh quota is supplied.

HOW TO LODGE A COMPLAINT

Quite often, kerosene, Wheat and rice are not available or the sugar is less than 500 grams. People wish to complain against the shopkeeper but are afraid that he may be abusive or confiscate their card. At such times to whom should one complain? First, one should ask for the complaint book in the ration shop and enter the complaint in the book. Then inspector examines the book every time he visits the shop. If the inspector does not redress your complaint, you should complaint to the tehsilder/rationing officer. If there is steel no action complain to the Collector/Addl. Collector or District Supply Officer / Controller of Rationing. Regarding Policy matters, suggestions or complaints should be sent to the Secretary, Department of foods Civil Supplies and Consumer Affairs or to the Minister. To ensure implementation of the rules and assert one's rights is diffcult for one person, hence it is necessary to from local organisations of ration card holders. Local groups, women's groups and party branches should take the lead in solving card holder's problems. For this complaints redressal committees.need to be set up.Card holder, ration shopkeepers and ration inspector should be member of this committees.
Such a committee could be for one ration shop or for 4 - 5 ration shops jointly. Problems that cannot be sloved by the committee can be referred to the Controller or the Department. The PDS covers all of Maharashtra. Rationing Problems affect everyone from city dwellers to adivasis. it is essential that those oganisations which are working on behalf of cards holders should come together in the form of a federation to ensure proper working of the PDS