Latest news with #D.B.Binu
The Hindu
08-07-2025
- Health
- The Hindu
Denial of timely, unfettered access to medical records violates right to life, says consumer panel
The Ernakulam District Consumer Disputes Redressal Commission has observed that the denial of timely and unfettered access to one's medical records undermines not only statutory consumer rights but also compromises the right to life guaranteed under Article 21 of the Constitution of India as interpreted in landmark judgments of the Supreme Court. The Commission said that access to one's medical records — whether physical or digital — was indispensable not only for seeking second opinions and ensuring continuity of care, but also for facilitating effective grievance redressal. It also recommended that doctors prescribe generic medicines in a clear and legible manner. The Commission, comprising president D.B. Binu and members V. Ramachandran and Sreevidhia T.N., made the observation while dismissing a petition filed by the husband of Saiju Mujeeb, 38, of North Paravur, alleging gross negligence, failure to diagnose, and improper post-operative care. 'Hospitals and healthcare providers are therefore reminded of their ethical and legal obligation to ensure that patients are provided with their medical records in a timely and accessible manner. Both modern medical ethics and advancements in health information technology support a patient-centric system in which medical records are made readily accessible through secure digital means,' said the Commission. The Commission, drawing on its broader mandate to promote consumer welfare and transparency in healthcare, recommended that regulatory bodies ensure the secure digital delivery of medical records in compliance with applicable data protection laws, fulfil requests for records preferably within 72 hours, and implement interoperable electronic health record (EHR) systems to promote seamless access and continuity of care. It also called for disclosure to patients at the time of admission or discharge regarding their right to receive medical records in physical or digital format, along with information on encryption, password protection, and consent protocols for all digital transmissions of sensitive medical data. The Commission further recommended public education initiatives to raise awareness about patients' rights to medical records and the confidentiality safeguards. It also dismissed the petition alleging post-surgery complications on the grounds that no deficiency in service could be established. The complainant had failed to prove that the treatment deviated from accepted professional standards or that the subsequent complications were directly caused by any act or omission on the part of the opposite parties, the Commission observed, while citing the Supreme Court's dictum that 'to hold a medical practitioner liable for negligence, a higher threshold of proof is required to be met by the complainant.'
The Hindu
25-06-2025
- Automotive
- The Hindu
Consumer panel orders car dealer to refund booking amount
The Ernakulam Consumer Disputes Redressal Commission has asked a dealer of Maruti Suzuki India Limited to refund the payment made by a customer, a native of Padamugal, after it was found that the dealer had failed to deliver the car booked by the customer. The Commission, comprising president D.B. Binu and members V. Ramachandran and Sreevidhia T.N., in an order dated June 16, 2025, asked Nexa Palarivattom (Popular Vehicles & Services Limited) to refund the ₹9.92 lakh paid by complainant Jeny Mol Joy along with interest at the rate of 12% per annum from the date of payment till the realisation of the amount. The dealer has to pay ₹2 lakh as compensation for the mental agony, financial loss, and physical hardships endured by the complainant and inconvenience caused by deficiency in service and unfair trade practices, it said. The complainant had booked a Maruti XL-6 ZETA MT (silver) vehicle on February 7, 2022, from the authorised dealer after paying around 85% of the vehicle's on-road price of ₹11.71 lakh through finance. On May 16, 2022, the dealer informed that the vehicle was ready, but it was a new model priced at ₹13.53 lakh. No prior intimation was given about the discontinuation of the originally booked model, the complainant alleged. The dealer termed the complaint as 'baseless' and said that it was not maintainable in law. The firm alleged that the complainant was fully aware of the terms in the booking requisition form, which clearly stated that the vehicle price at the time of invoicing would apply and might change. The variant booked by the complainant underwent a standard 'facelift' with additional features, resulting in a price hike, which was beyond the dealer's control and at the sole discretion of the manufacturer, according to the dealer. However, the Commission said in its order that such hikes are typically notified publicly through announcements or press releases. There was no evidence of any such price hike announced by the manufacturer. There was also a substantial price difference between the car booked by the complainant and the new model that was offered to her, it added.
The Hindu
05-06-2025
- Business
- The Hindu
Consumer rights panel slaps fine on company for failure to service water purifier
The Ernakulam District Consumer Disputes Redressal Commission has slapped a company engaged in manufacturing and marketing household electrical appliances with a fine of ₹30,000 for the alleged failure to repair a water purifier despite an annual maintenance contract (AMC) being in place. The Commission comprising D.B. Binu, president, and members V. Ramachandran and Sreevidhia T.N. issued the ex parte order on a petition filed by one Ajish. K. John of Kothamangalam against the manager of Eureka Forbes Ltd. The complainant said he had an AMC with the opposite party since 2018, which he regularly renewed for uninterrupted service. Despite this, the complainant faced repeated service issues. In April 2024, the purifier began leaking, and although a service request was raised, it was later cancelled unilaterally by the opposite party, he said. Following this, the complainant approached the Commission. However, the opposite party failed to submit any argument notes or participate in the proceedings. The Commission observed that the service lapses constituted a deficiency in service as defined under Section 2(11) of the Consumer Protection Act, 2019. Further, unilateral cancellation of a service request without informing the complainant amounts to an unfair trade practice under Section 2(47), as it misleads or fails to fulfil a promised contractual obligation, the Commission observed. The complainant, being deprived of clean drinking water due to the non-functioning of the purifier, endured mental agony, hardship, and inconvenience, especially given that the purifier was essential due to contaminated well water. 'The Complainant, despite diligently maintaining an Annual Maintenance Contract and repeatedly reaching out for help, was met with silence, delays, and even the unjust cancellation of service. This experience not only disrupted his daily life but also caused significant mental distress. When a consumer is compelled to approach a legal forum for the enforcement of basic service obligations, it reflects a glaring failure in corporate responsibility and empathy, values that should be at the heart of every consumer-facing organisation,' the Commission remarked. Consequently, the opposite party was directed to pay ₹25,000 as fine and another ₹5,000 towards the cost of legal proceedings.
The Hindu
04-06-2025
- Business
- The Hindu
Ernakulam consumer panel orders retailer to pay compensation for delivering faulty phone
The Ernakulam District Consumer Disputes Redressal Commission has ordered an online retailer to pay a total compensation of ₹70,000 to a resident of Kacheripady, Ernakulam, for delivering a defective and old mobile phone and cheating him by terming it as a brand new device. The compensation included ₹55,000 that the consumer had paid for the phone, ₹10,000 towards misrepresentation and causing mental agony to him, and ₹5,000 as the cost of proceedings. The order dated April 30, 2025 issued by the panel led by D.B. Binu, president of the panel, said that the online retailer had allegedly showcased the mobile as a brand-new smartphone with warranty. Instead, they delivered an old, used, and defective handset of the 2021 model without accessories. The authorised service centre had informed the complainant that there was no valid warranty for the device. The online retailer later admitted that they dealt with refurbished units, which was not disclosed at the time of the sale, it said. The panel found that a refund was not made despite the consumer returning the device and issuing repeated reminders. The non-delivery of the promised product and failure to refund the amount despite the return of goods amount to deficiency in service under Section 2(11) of the Consumer Protection Act, 2019. The opposite parties consciously refrained from filing their version even after serving the notice. Thus, the allegations stand unchallenged, according to the order.
The Hindu
25-04-2025
- Politics
- The Hindu
‘RTI Act for protecting human rights' campaign to begin on Sunday
A campaign 'Right to Information Act for protecting human rights' will get under way in Thrissur on Sunday. State Information Commissioner A. Abdul Hakkim will perform the State-level inauguration of the year-long campaign. Ernakulam Consumer Disputes Redressal Commission president D.B. Binu will speak about the Right to Information (RTI) Act at a seminar to follow. Former chairperson of the State Human Rights Commission P. Mohanadas will speak on possible application of RTI Act in protection of human rights. The campaign organised by the State Human Rights Protection Centre will be held in association with socio-cultural organisations. Centre president Sivarajan will preside over the inaugural to be held at Holy Family Church Hall, Chalakudy, at 10.30 a.m. on Sunday. Year-long programmes are being organised in connection with the 25th anniversary of the centre. These include exhibitions, seminars, lectures, and felicitations.
