IMPORTANT : The patients who are being overcharged at #PrivateHospitals, for Kovid-19 treatment or other treatments, have right to ask for refund of such overcharges,

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IMPORTANT : The patients who are being overcharged at #PrivateHospitals, for Kovid-19 treatment or other treatments, have right to ask for refund of such overcharges, by filing complaints in #Consumer Forums within two year of such overcharge.

What steps they can take at present are :

1) Keep record of all payments made for treatment and for purchase of medicine.

2) Get copies of Government Guideline for such medical charges.

3) Find out how much they charged before 15th March,2020 for same treatment and how much fee they have increased during lockout.

4) If they have refused any treatment, keep record of such refusals and keep record of expanses you suffered because of their refusal.

5) Consult a lawyer if necessary. Keep record of fees paid to lawyer. Such fees can also be claimed when filing complaint.

6) The complaint before consumer forum has to be filed within two year from date of overcharge (as may be prescribed in applicable law)

7) Collateral Damages plus loss due to inflation @1% can also be asked while filing Complaint

#Mumbai #NewDelhi #Banglore #Chennai #Ahmedabad #Law #consumer #lawyers #surat #vadodara #Rajkot

Legal actions of private banks in times of Cornavirous, when courts are partially locked down

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A US court has stopped all eviction case hearing and foreclosure hearing in view of courts’ partial lock down due to Cornavirous. In India also many steps are taken by courts but it seems that steps are not enough

Cab Drivers and other debtors are praying for suspension of all EMI.

Private Banks may starting auctions of properties of debtors. Private Banks have dubious reputation in India.

I have seen cases where forgeries are made by bank employees to the disadvantage of debtor.

A junior advocate who had gone to interview of a private bank told me that he was asked, “Sometimes we need you do some off the record work. Will you be willing to do it?”…

In other words, he was asked that sometimes the bank may want him to do illegal documentation and would he be willing to do it. Needless to say, he nodded affirmatively. He wanted the job.

When courts are partially functioning it will be very difficult to get matters against Private Banks listed for hearing.

Private Banks may take undue advantages in this partial lock down of courts.

In theory, Justice is often compared to oxygen.

This is may be one such time, when many cases will be lost without hearing in court for lack of oxygen.

(C) Haresh Raichura 19/3/20

#Law #india #RBI #supremecourt #highcourt