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Tuesday, October 15, 2024

NEWS TODAY 15.10.2024

Fraudsters hold Mala Parvathy in ‘virtual’ arrest for an hour

TIMES NEWS NETWORK 15.10.2024

Kochi : Actor Mala Parvathy on Monday claimed that fraudsters, pretending to be Mumbai police officers, held her in a virtual arrest for nearly an hour. They told her that a courier in her name was held back, but she managed to avoid the scam by acting quickly. Parvathy said the incident occurred when she was in Madurai for the shoot of a new movie. “I received a call around 10am. A man identified himself as Vikram Singh spoke to me and he said a courier was held back. They claimed that my Aadhaar card was misused to send an illegal package to Taiwan. When I asked him for more details, they asked for my address and bank account details. They said the package contained my passports, bank cre- dit cards, a laptop, and 200 grams of MDMA. They also sent an ID card claiming they were from the Mumbai crime branch and held me on a live call,” she said.

Parvathy said it was a WhatsApp call and when she checked the ID card on Google, she realised that it was fake. Her manager also alerted her that it was a trap. Meanwhile, Parvathy is yet to lodge any complaint with the police regarding the incident.

Flyers harried as AI’s Lucknowbound flight delayed by eight hours

Joy.Sengupta@timesofindia.com 15.10.2024

Pune : Over 100 flyers travelling from Pune to Lucknow on an Air India Express flight were left harried after the aircraft reported a delay of over eight hours on Monday. Manas Mahendra’s parents are senior citizens. They were booked on the flight and he shared their ordeal on social media. “Flight number IX1329 has been a no-show for over six hours now. My parents have been waiting at the airport for over eight hours and they are both senior citizens. Upon enquiry, we were given a vague response that there was a technical issue,” he wrote.

Another flyer, who didn’t want to be named, told TOI that the flight was scheduled to depart from Pune at 5.20pm on Sunday and reach Lucknow at 7.30pm. “I reached the airport by 3pm for the flight. Passengers were frustrated when the boarding didn’t start and enquired about the delay. The staff did not five any proper information and soon disappeared. The flight had many senior citizens and they were all exhausted. The flight finally took off around 1.40am on Monday,” he said. Spokespersons of the airline were contacted on Monday morning and queries via WhatsApp sent to them. A response was awaited till the time of going to press.

However, a source in the airline told TOIthat the incoming flight from Lucknow to Pune developed a technical snag which resulted in the delay. “The problem was detected after the aircraft landed in Pune. We offered options to passengers — including a full refund and rebooking for another day of their choice. Refreshments were served to them. We had another flight which was to fly to Delhi at 6.30am on Monday. Finally, it was this aircraft which was used for Lucknow-bound flyers. As a result, the morning flight to Delhi departed at 4.30pm on Monday, but we provided prior information,” the official said.

After UGC nod, LU to offer 5 new courses in online mode

Admission To Be Completed By Nov 15

TIMES NEWS NETWORK 15.10.2024

Lucknow : Lucknow University will offer online Bachelor of Business Administration (BBA), Master of Arts (MA) in Sanskrit, Political Science, Economics, and English. The University Grants Commission (UGC) on Monday granted permission to LU to offer five additional courses in the online mode. The university started BCom, MCom, and MBA in the online mode from the academic session 2024-25. The online course degrees will be equivalent to their respective regular degrees. “We will shortly open the admission window for the new online courses.

The admission process for these courses must be completed by Nov 15. All relevant information will be made available on the website www.luonlineeducation.in,” said varsity spokesperson Durgesh Srivastava. He said the BBA course consists of six semesters (three years), while MA courses comprise four semesters (two years). All study materials will be accessible to students online, and their queries will be addressed by mentors. Students will be required to visit the campus only once for the semester examination.

“The advantage of introducing full-time courses in the online mode is that students can pursue the course from any part of the country. Furthermore, this benefits several working professionals, students from humble backgrounds, and those who cannot leave their villages and districts to attend regular classes,” he added. LU has already initiated the online teaching process through the Lucknow University Centre for Online and Distance Education (LUCODE) from the 2023-24 session. BCom and MCom courses have been conducted through the online medium since February 2024. The examinations for the first semester of this session were completed in offline mode last month.

320 medicos don white coats at KGMU’s induction ceremony

TIMES NEWS NETWORK 15.10.2024

Lucknow : A vibrant atmosphere of excitement and anticipation filled the Atal Bihari Vajpayee Convention Centre as 320 students, including 250 aspiring doctors for MBBS and 70 future dentists for BDS, embarked on their medical career during an induction ceremony at King George’s Medical University (KGMU). As students donned their white coats, dreams sparkled in their eyes, and a sense of success radiating from their faces. The rank holders of the National Eligibility cum Entrance Test (NEET) entered the auditorium with their families, warmly welcomed by KGMU faculty members, marking a significant milestone in their lives.

Many students were the first in their families to pursue a medical career. Vinay Vishwakarma, a boy from Sultanpur, shared, “My elder brother is a dentist; He inspired me to pursue a career as a doctor.” He expressed his aspiration to complete his studies and establish a hospital in his village to provide care for the less fortunate. Arshi Khan from Lucknow attributed her success to her mother’s unwavering support: “My mother always ensured I had everything I needed to focus on my studies. Her belief in me paved the way for my success.” Shweta Kumari from Bihar, who qualified for NEET on her first attempt, remarked, “I aspire to serve society as a good doctor. My father was always there for me.”

KGMU vice chancellor Soniya Nityanand encouraged the students to pursue their passions while remembering the responsibilities they owe to their families and society. The ceremony also featured dean of medicine, Prof Amita Jain, administering the Charak Shapath (oath) to the new students, a tradition at KGMU symbolising their commitment to ethical medical practice. Proctor Prof Kshitij Srivastava briefed the students on anti-ragging measures before they were escorted to their hostels.

Pension benefits to ex-servicemen apply from date of discharge: HC Chandigarh :

15.10. 2024

In an order having wide ramifications for pension cases of military veterans, Punjab and Haryana HC has made it clear that pensioners will be entitled to benefits from the date of discharge from service, not from the date of a court/tribunal order awarding the pension benefits, reports Ajay Sura. Allowing a plea by ex-serviceman Jaspal Singh, a division bench quashed an order by Armed Forces Tribunal (AFT), Chandigarh, awarding pension benefits to the petitioner from the date of its order (April 5, 2019). The bench ruled that the petitioner was entitled to service pension “from the date whereon the same accrued to him, along with 7% interest per annum”.

Beware! Don’t get ‘arrested’ by scammers CYBER THREAT Digital Detention: 24 Cases Reported In City This Yr So Far

TIMES NEWS NETWORK BHOPAL 15.10.2024

Bhopal : Imagine this: You’re going through your daily routine, when out of the blue you receive a call from a “cop”, who tells you that you're under investigation for a serious crime or that a family member has been arrested for a crime. Panic sets in. You try to jog your memory— what did you do wrong? Before you can wrap your mind around anything, the caller says you’ve been linked to a money laundering or a drug trafficking case, and if you don't pay a fi ne or cover legal fees immediately, an arrest warrant will be issued.

This is the new terrifying cyber-crime, the ‘digital arrest’ scam, which is catching people off guard and stealing their hard-earned money. Around two dozen cases of digital arrest were reported with the Bhopal cyber crime branch this year, including one in which a retired Navy Commodore was kept under digital arrest at his home by cyber-criminals posing as senior officers of Mumbai police. The retired official was duped of around Rs 68.49 lakhs. Senior police officers say that the situation is much worse as many cases are still not reported to the police, especially those cases where in people do not fall into the trap of fraudsters.

A senior officer said that a person falls into the trap of cybercriminals either through text messages on WhatsApp or Telegram, or through a phone call. People should think before making any decisions while talking to a stranger over a phone call, and they should verify whether the information is true, the official said. He said that the Bhopal cybercrime branch and the state cybercrime headquarters issue advisories from time to time, alerting people that there is no legal provision for ‘digital arrest’, and citizens should remain cautious of misleading messages, particularly those related to bank accounts, insurance, and pensions.

A few months ago, an exNavy officer was allegedly held under ‘digital arrest’ at his home for two days and was duped of Rs 68.49 lakh by cybercriminals. They concocted a false story that a parcel carrying drugs (MDMA) was booked from Mumbai to Taiwan using the officer’s Aadhaar Card. The fraudsters impersonated officials of an international courier agency and DCP (crime branch) of Mumbai police. They threatened to frame him in a drug smuggling and money laundering case and siphoned the money. They instructed him to post ‘present sir’ on the Skype video call every half an hour. He could not sleep for the next 48 hours. However, there have been two cases, which showcase how people managed escaped this scam with their awareness and presence of mind.

Recently, an Awadhpuribased professional, whose son studies in an institute in another state, received a phone call from a cybercon in which the fraudster threatened him, claiming they had kidnapped his son and demanded a ran som. The man was left shocked and immediately disconnected the fraudster's phone. As he called his son's mobile number, the same fraudster picked up the call and threatened him again. The man was worried but did not lose his calm. He immediately called his son's college principal and found out that his son was safe in the college canteen.

In another case, cybercriminals tried to dupe the parents of a youth, who hails from Dehradun and studies at a national institute in Bhopal. The accused threatened his parents, claiming they had kidnapped their son. As the youth’s father tried calling his son’s number, it was unreachable. He then called the college and found that his son was safe. Both cases have been reported to the police. A senior officer said that the scam is spreading rapidly, with cons preying on the fear that people have for law enforcement and govt agencies.

These criminals have refined their approach, using modern technology and psychological manipulation to intimidate their victims into making hasty financial decisions. Additional DCP (crime branch) Shailendra Singh Chouhan said that cybercriminals target people only through phone calls or messages. People should verify whatever the fraudsters are claiming over unknown phone calls and messages and take further action. They should not act in a hurry.

Slice of justice: Man’s legal battle over 24 paise ends with ₹1,000 fine

He Had Sued A Pizza Chain For Rounding Off Bill

Saeed.Khan@timesofindia.com 15.10.2024

Ahmedabad : What started as a fight for 24 paise spiralled into a hefty Rs 1,000 fine! A man took a local pizza chain to court, alleging he had been overcharged by just a fraction of a rupee under the pretext of rounding off the bill. However, the consumer commission did not share his sense of outrage. Calling the case a “mockery of justice” and a waste of its time, the commission slapped him with a penalty.

Patel’s fight for pocket change ended up costing him dearly. Prashant Patel from DetrojRampura village took legal action after visiting a pizzeria on Jan 10 this year. The eatery presented him with a bill of Rs 665 for pizza and soft drinks, but Patel argued that the actual amount should have been Rs 664.76 after applying a discount and GST. Patel objected to the extra 24 paise, which he believed was overcharging. He was told that his complaint would be conveyed to the management and he would receive a message regarding the issue or refunded the excess if he had been charged wrongfully or by mistake.

When the restaurant did not respond, he escalated the issue to the Consumer Dispute Redressal Commission in Gandhinagar. The complainant submitted that under the pretext of rounding off the final amount, the restaurant charged more from its customers, revealing its intention to earn more. He argued that it should be fined heavily to stop it from duping its customers.

The restaurant defended itself, explaining that the bill was rounded off according to official guidelines. It argued that the billing software was set up to follow official rules while generating bills. The legal battle for such a paltry sum irked the consumer commission, which stated, "The complaint was filed to recover 24 paise from the opponent (eatery), which is a mockery of justice and painful. The opponent submitted that the bill was generated by rounding off the amount according to the Reserve Bank of India (RBI) and govt guidelines. The complainant filed a false complaint and misled the commission.

In our view, the complaint appears frivolous, and the commission's precious time has been wasted by filing this complaint to get only 24 paise." The commission ruled in favour of the restaurant, dismissing Patel’s claim and ordering him to pay Rs 1,000 as a penalty with the State Consumer Welfare Fund.

Teacher couple and their two kids found dead in Ernakulam, suicide suspected

TIMES NEWS NETWORK 15.10.2024

Kochi/Tripunithura : A teacher couple and their two minor children were found dead at their home at Kakkad in Ernakulam district in Kerala on Monday morning. On the face of it, the deaths seem to be a suicide pact due to financial constraints, police said. The couple were found hanging, and the children were found dead on their bed. A senior officer of Chottanikkara police said they found a suicide note which urged that the bodies be handed over to Govt Medical College at Ernakulam for medical studies.

“We will first ascertain the cause of the children’s death through postmortem examination,” the officer said. Sources said Ranjith faced financial constraints in connection with the construction of a house and had pending loan dues. The sources, however, said Ranjith was confident of settling his liabilities after selling off one of his two properties. “School authorities called up the couple when they didn’t turn up for work. When the calls went unanswered, they made inquiries, which uncovered the tragedy,” Sajini Sunil, ward member, said.

Neighbours said Ranjith was a quiet person. A close friend of the deceased said Ranjith tried his level best to support his aged mother and elder brother. “The couple taught at different schools. Their colleagues who came here said the duo had told them, vaguely, about some financial difficulties. Their ancestral home is close to their residence,” Sajini said. Suicides are preventable and help is a phone call away. Those in distress may call Maitri at: 0484 2540530

Consensual physical relation not rape: HC

Rajesh Kumar Pandey TNN 15.10.2024

Prayagraj : Quashing criminal proceedings against a man accused of raping a woman on promise of marriage, Allahabad high court has held that a long-standing consensual adulterous physical relationship without any element of deception from inception would not amount to rape within the meaning of IPC Section 375, which defines rape as sexual intercourse with a woman against her will, without her consent.

“Unless it is alleged that from the very beginning of such a relationship there was some element of cheating on the part of the accused while making such a promise, it would not be treated as a false promise of marriage,” the court observed. The petitioner was booked for rape on a woman alleging that the petitioner established a physical relationship with her under the pretext of marriage after the death of her husband. She claimed that Gupta repeatedly promised to marry her but later got engaged to another woman. She also alleged that Gupta threatened that he would circulate objectionable videos of her if she did not give him Rs 50 lakh.

PhD Student Petitions Tamil Nadu Governor During Convocation Over Academic Misconduct

Susmita Modak Hans News Service | 14 Oct 2024 6:06 PM IST

HIGHLIGHTS Amidst degree ceremony, a research scholar presents petition to Governor RN Ravi, alleging misuse of PhD students by guides and mismanagement of university resources. The petition also highlighted concerns about the misuse of government research grants.

An unexpected turn of events unfolded at a university convocation in Tamil Nadu when A Prakash, a PhD student, handed a petition to Governor RN Ravi during the degree distribution ceremony. The governor, serving in his capacity as university chancellor, was caught off guard by this unconventional approach to air grievances.

Prakash's petition outlined serious allegations against academic guides, accusing them of exploiting research students for personal tasks unrelated to their studies. These purported misdeeds ranged from childcare to household chores, raising questions about the proper conduct of academic mentorship.

In a subsequent media interaction, Prakash acknowledged the unorthodox nature of his actions but emphasized the urgency of the issues at hand. He elaborated on his claims, stating that researchers faced improper guidance and were often burdened with their guides' personal responsibilities, including managing bank accounts and performing domestic duties.

The petition also highlighted concerns about the misuse of government research grants. Prakash alleged that students were compelled to incur substantial personal expenses, ranging from ₹50,000 to ₹1 lakh, to cover costs that should be borne by their guides. Furthermore, he accused the university of inappropriately renting out its facilities on weekends, depriving students of recreational opportunities.

Among the more troubling claims were allegations that some guides requested ATM cards from their research scholars and demanded food, placing additional financial strain on students already struggling with limited resources. While the convocation may not have been the ideal forum for raising these issues, Prakash's bold move has brought attention to potential systemic problems within the academic research environment, prompting calls for a thorough investigation and potential reforms.

https://www.thehansindia.com/news/national/phd-student-petitions-tamil-nadu-governor-during-convocation-over-academic-misconduct-914344

Ph.D. holder accuses guides of getting cash and gold from research scholars

A. Prakash (second left) handing over a petition to Governor R.N. Ravi at the 39th convocation ceremony held at Bharathiar University in Coimbatore on Monday.

The Hindu Bureau 15.10/.2024

Coimbatore

A Ph.D. holder hailing from Virudhunagar district petitioned Governor R.N. Ravi on the dais at the 39th convocation ceremony of the Bharathiar University in Coimbatore, after receiving the degree from him, on Monday.

The petition raised serious allegations against some of the Ph.D. guides, ranging from collecting money and gold from research scholars to forcing them to do works at their residences.

A. Prakash from V. Pudupatti in Virudhunagar gave the petition to the Governor, when he was called on to the dais to receive his Ph.D. degree. Mr. Ravi received the petition, which was submitted on behalf of Mr. Prakash and a few research scholars and students of the university, and handed it over to his staff.

The petition, with the subject line “‘problems faced by the research scholars and students of Bharathiar University”, alleged that some guides at the university do not treat research scholars in a dignified manner. Apart from academic works, the research scholars are forced to work in the home of some guides, alleged the petition that was signed by more than 20 persons.

It alleged that research scholars are advised by some guides to spend ₹50,000 to ₹1 lakh at the time of viva voce. Due to the compulsion, research scholars are offering money, food in the department and gold to some guides after the successful completion viva voce.

According to the petitioners, Bharathiar University has Adi Dravidar hostels. But since it is run as general hostels, research scholars and students belonging to Adi Dravidar communities have to pay monthly mess fees.

The petition claimed that the university administration allocates ₹75 lakh per year for hostel maintenance. Accusing the administration of not properly using the allocation, the petitioners alleged that money for hostel maintenance was being collected from hostel inmates through monthly mess fee.

Mr. Prakash apologised for giving the petition to the Governor on the dais, stating that he did not know other ways to take it to the Chancellor’s attention.

After the ceremony, Minister for Higher Education Govi Chezhiaan made a surprise visit to a hostel for research scholars on the campus and enquired inmates, whether they had grievances. He also enquired the faculty about the upkeep of the hostel and checked the quality of food being served there.

Monday, October 14, 2024

Work Of Yoga Instructors Not Similar To AYUSH Nurses, Compounders: Rajasthan HC Denies Plea For Bonus Marks In Recruitment

Nupur Agrawal

3 Oct 2024 4:30 PM

The Jodhpur bench of the Rajasthan High Court has ruled that while Ayurveda and Yoga complement each other, they are not substitutes as both have their own roots and origins and distinct ways of operating towards the goal of purification of the body.

A single judge bench of Justice Farjand Ali in its order said, "Ayurveda & Yoga complement each other but cannot substitute each other as both have their own roots and origin from which they have emerged. Although both of these operate towards the common goal which is related to purify body of a human being but the ways in which it works is totally distinct from each other...Both of these are different in nature as Ayurveda has developed itself from traditional medicine to modern science whereas Yoga is a physical activity which ensures a bond between mind and body in a composed manner. In doing Yoga activities, nothing is supposed to swallowed, drink, consumed or applied to the body while the above same are the necessary concomitant of the Ayurveda theory.”

The court also observed that the work of AYUSH nurse/compounders was not “ejusdem generis” (of the same kind) as the work of yoga instructors. There was a difference between academically qualifying for an exam, obtaining a degree/diploma and practically doing a particular work in the field and both could not be equated and taken at par, it added.

Referring to an April 25, 2023 office order of the Directorate of Ayurveda Department, Rajasthan Ajmer, the court said:

“It is clear from the above office order that bonus marks shall be granted to those candidates having experience on the basis of period of working on similar work to the advertised post under the State Government, Chief Minister BPL, Jeevan Raksha Kosh, National health Mission, Dr. Sarvepalli Radha Krishnan Rajasthan Ayurveda University, Jodhpur or any AYUSH Project in the state of Rajasthan run by the Government. In an unambiguous term, it is stated in the order above that the work of Yoga Instructor is completely a part time and is of voluntary service nature, who are appointed only to conduct Yoga practice for one hour which is not similar to the work of Nurse/compounder.”

The observation was made while the court was hearing a batch of petitions filed by several candidates seeking appointment to the post of Ayurveda Compounder/Nurse against the Government's decision not to grant them bonus marks despite their rendering services as yoga instructors during the Covid-19 pandemic.

It was the case of the petitioners that during COVID-19, petitioners were appointed as yoga instructors under the National AYUSH Mission. Vide an order dated April 25, 2023, the state's Medical and Health Department (“the Department”) decided to provide bonus marks in the regular recruitment process of Medical and Health Department to those who served at the time of the pandemic.

On October 3, 2023, AYUSH Rajasthan (“AYUSH”) invited applications for the post of compounder/nurse in which the petitioners, being eligible candidates, applied, however, they claimed bonus marks as per the Department's Order for rendering services “similar to Ayurveda Compounder/Nurse during the period of Covid”.

Findings

Different departments have different governing rules

The Court highlighted that the order of recruitment was issued by the AYUSH Department under the Rajasthan Ayurvedic, Unani, Homeopathy and Naturopathy Subordinate Services Rules, 1966 (“1966 Rules”) and the order announcing bonus marks was issued by the Department of Medical & Health for direct recruitment process under Rajasthan Medical and Health Subordinate Service Rules, 1965 (“1965 Rules”).

The Court observed that both the departments were different having different service rules and how could the order passed under one be made applicable to the recruitment process of the other was “not comprehensible”.

“There are two distinct subordinate service rules; one for the department of Medical and Health and one for the AYUSH and in the considered opinion of this Court; any order issued by the other department under a distinct rule cannot benefit the petitioners," it said.

Bonus marks under 1966 Rules require “Similar Work”

Furthermore, the Court examined the provision of bonus marks under Rule 19 of the 1966 Rules and observed that even the provision of bonus marks under 1966 Rules states that the bonus marks should be granted on the length of experience on “similar work”.

In this background, the Court ruled that the work of Yoga Instructors could not be considered as similar to that of AYUSH Nurse/Compounders unless it was proved that they worked at equivalent position and have done the same work as Nurse/Compounder.

It said, “The office order and the rule clearly states that “similar work” performed by the employee will get the bonus marks. Here in the case at hand, the petitioners were appointed as Yoga Instructors and their work cannot be treated similar, equal, alike to that of Ayurveda Nurse/Compounder”

In light of this analysis, the Court did not find the petitioners to be entitled to get the bonus marks as per the order dated April 25, 2023 and disposed of the pleas.

Case Title: Akshay Kumar Vaishnav & Ors. v the State of Rajasthan and other related petitions

Citation: 2024 LiveLaw (Raj) 287

Doc liable for death due to reckless administration of meds

CONSUMER AS KING 14.10.2024

Jehangir Gai Asha Srivastava suffered from an insect bite, resulting in redness in her leg. She went to Sudha Hospital in Kota, walking on her own without assistance. Since it was a Sunday, the OPD was closed and she was directed to the Emergency where Dr. Hasendra Singh examined her and stated that she was suffering from “cellulitis and septicemia”.

He informed her that the leg would have to be amputated. He asked the staff to admit her and bring her in for surgery at 13 hours when the operation theater would be available. When the patient went to the operation theater, Dr. Sharad Bhargava, who was present, informed her that the slight swelling in her leg could be cured by medicine.

He did a dressing and asked her to go home. Dr. Singh reached the operation theater just as the patient was coming out. Upon learning what had transpired, he stated that Dr. Bhargava’s knowledge is bad, and that there is an urgency to amputate the leg. Dr. Singh, in collusion with Dr. R.K. Agarwal convinced the patient and admitted her in a half constructed room as there was no bed available. Her blood samples were collected. Before the report came in, he administered some antibiotic which caused headache, dizziness and restlessness.

Dr. Singh stated that no medicine could be given to counter the reaction as it might result in heart attack or paralysis. Later, when the reports came in, most of the results were normal, including the TLC count which showed no indication of cellulitis and septicemia Only urea was slightly high due to hot weather and less intake of water. The patient was then put on an IV infusion which made her scream through the night due to headache and dizziness. The staff refused a request to inform Dr. Singh about the patient’s condition. By morning the patient developed breathing difficulty.

Dr. Singh finally came on his round at 9.30 am, and ordered her to be shifted to the ICU. In the evening, Dr. Singh stated that the patient would require dialysis as she had suffered kidney damage due to less urine output, During fresh tests, the sonography and colour doppler reports were also normal. However, the patient was referred to another doctor, Y. Gauam, who informed her that both her kidneys were completely damaged. Without consulting any nephrologist, he opined that only dialysis could save the patient’s life, and carried out this procedure. After the procedure, the patient developed gastrointestinal bleeding. She stopped responding to verbal commands, the face became puffy, and the blood pressure became high. She was administered a drip of Lizolid even though the medicine bottle was covered with fungus. Dialysis was repeated. The patient was sent home as nothing further could be medically done, and she expired on. August 26, 2006.

Sumit Srivastava, the patient’s son filed a complaint before the Rajasthan State Commission. It was contested, claiming that all treatment was given as per medical protocol, and dialysis was done after consulting nephrologist Dr. Aloke Jain. The State Commission observed that heavy antibiotics were given without waiting for the test results. The test result proved that there was no justification for administering such heavy antibiotics and carrying out unnecessary procedures. The medical record did not show that Dr. Jain was consulted prior to dialysis. There was no explanation why the patient suffered gastrointestinal bleeding. It held the hospital and the doctors jointly liable to pay Rs 10 lakh as compensation and Rs 51,000 as litigation costs.

The order was challenged in appeal on the ground that the expert evidence produced by the doctors showed that there was no negligence. The National Commission observed that negligence is a mixed question of fact and law. and that an expert’s opinion would not be binding on the consumer fora. Accordingly, by order dated September 17, 2024, delivered by the Bench of Justice Ram Surat Ram Maurya and Bharatkumar Pandya, the appeal was dismissed.