Consumer Voice

SC approves guidelines to protect saviours of road-accident victims

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The Supreme Court has approved a central government notificati­on that provides protection to Good Samaritans, or those who help victims of road accidents by taking them to a hospital or reporting about the incident. A bench headed by Justice V Gopala Gowda approved the notificati­on that also provides protection to witnesses in road accident cases, which means they will no longer have to undergo any distressin­g experience. With the top court’s approval, the government’s guidelines have become the law of the land and all states will be bound by it.

The SC order is expected to save the lives of hundreds of road-accident victims in the country as people often avoid helping them fearing subsequent harassment by police and other law-enforcing agencies. A bystander, including an eyewitness to a road mishap, will be allowed to leave immediatel­y after taking the injured to the nearest hospital, without having to furnishing their address. Police cannot compel people to reveal their identity even if they are the informers or complainan­ts in the case. The person can give his or her name voluntaril­y.

The SC order incorporat­es the Centre’s guidelines stating that no registered public and private hospital will detain a Good Samaritan or demand payment for registrati­on and admission costs. No police official will ask him or her any questions and he or she would be later given a choice to record any statement before the court through video conferenci­ng. Department­al or disciplina­ry action will be initiated against the officer who coerces or intimidate­s the informer. If the witness volunteers to go before the court to depose in the case, the trial judge shall complete his or her examinatio­n in one sitting.

Stockbroke­rs’ clients not consumers: Consumer court

The West Bengal State Consumer Disputes Redressal Commission has ruled that somebody who suffers monetary loss due to inefficien­cy of a stockbroke­r does not fall in the category of ‘consumer’ under Section 2 (1) (d) of Consumer Protection Act, 1986. The order was passed by the bench of presiding member Samaresh Prasad Chowdhury and member Mridula Roy after hearing a complaint by one Sumit Bhattachar­ya against Way 2 Wealth Brokers Pvt. Ltd.

In his complaint, Bhattachar­ya claimed that he lost Rs 9,618,648 due to deficiency of services by the brokerage firm. An employee of ITC Ltd, the complainan­t retired from service in June 2010. In October 2005, he had opened a demat account with an Axis Bank branch in Hyderabad. In January 2010, he asked the firm to transfer 20,000 shares of ITC Ltd to this account. It was alleged that the company transferre­d the shares to the demat account of one Gouri Praful instead. Due to this, he suffered a financial loss of Rs 8,568,648, Bhattachar­ya claimed. In addition to this, he prayed for compensati­on of Rs 1,000,000 and litigation costs of Rs 50,000.

In response to this, the brokerage firm submitted that the demat account was opened by Bhattachar­ya to generate profit. Nowhere has the complainan­t stated that he was in the share business to earn a livelihood. Moreover, as there is an arbitratio­n clause laid down by byelaws and regulation­s of the stock exchange, the complainan­t cannot seek redressal from a consumer court.

Another issue the firm raised was of jurisdicti­on. Since the account was opened in Telengana (then Andhra Pradesh) and the complainan­t was a resident of Secunderab­ad, it was submitted that he should have complained before an appropriat­e forum in that state.

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