Upholding the decision of fora below, the national consumer disputes redressal commission (NCDRC) reiterated that Bank of Baroda (BoB) is deficient in providing the requisite service for a home loan and must pay a compensation of Rs1 lakh to the borrower. In an order last week, the bench of Binoy Kumar (presiding member) and justice Sudip Ahluwalia (member) says, “No copy of any letter intimating the complainant about the infirmity or illegality of the no objection certificate (NOC) was placed on record by the opposite parties to support their claim, as admittedly no such letter was actually issued to the complainant. In such circumstances, both the fora below were justified in holding that the Bank had been deficient in providing the requisite service to the complainant in respect of his loan for which the sanction letter had already been issued.” NCDRC, while dismissing the appeal, also directed BoB to pay Rs1 lakh compensation to the borrower, as per the ruling by the state commission. Nallasopara-based Jayprakash R Kushwaha had applied for a home loan from the Bank. Based on documents submitted by him, on 8 February 2007, BoB issued a pre-sanction letter to Mr Kushwaha. Using the pre-sanction letter, Mr Kushwaha executed the agreement for sale with Rahul Lokhande, the seller, and paid Rs87,000 as margin money to the Bank. BoB transferred the home loan file of Mr Kushwaha to its Saki Naka branch in Andheri. As per instructions from the Bank, Mr Kushwaha visited the Saki Naka branch and submitted all documents, including an NOC and a share certificate obtained from New Neil Aangan CHS Ltd. However, even after submitting all required documents, the Bank did not issue a cheque for loan disbursement. On enquiry, Mr Kushwaha was told that his file was missing and the loan would be disbursed as soon as the file was found. However, no loan was disbursed to Mr Kushwaha, despite repeated reminders and visits to the branch. He then sent two legal notices and filed a complaint before the Thane district consumer complaint redressal forum against BoB. During the hearing before the district forum, the Bank contended that the NOC submitted by Mr Kushwaha was false and fabricated as it did not bear the signatures of the president or the secretary of the housing society which was informed to them by the chairman and secretary of New Neil Aangan CHS. It also claimed that Mr Lokhande, the seller, was not authorised to execute the agreement for sale in respect of the flat. Hence, the title of the flat was not clear and the loan could not be given to Mr Kushwaha, the Bank contended. During the hearing, the chairman and secretary of New Neil Aangan CHS remain absent. After hearing both sides, the district forum observed, “BoB, after complying with all the processes, inquiring with the chairman and secretary of New Neil Aangan CHS about the NOC, and later giving in writing about not having the signature of the chairman of the society on the Bank’s letterhead, to remain absent in the case before the Forum, taking search report after complaint is filed, taking certificate regarding ownership, all these facts raise doubt in the bank’s working system.” “… it is clear that BoB having encroached upon the legal rights of Mr Kushwaha and alternately he has been deprived from the basic rights of the consumer from the time the possession of the house has been taken over, upto the period of acquiring membership of the housing society and using the house. Therefore, it has come to the conclusion of the Forum that the Bank has defaulted in providing facility in housing loan to the complainant,” the district forum says. Bank of Baroda challenged the ruling before the Maharashtra state consumer disputes redressal commission. On 24 April 2017, the state commission dismissed the appeal, saying, “(the) Bank had not responded to Mr Kushwaha on the pretext that house loan file of complainant is missing. Under such circumstances, we are of the opinion that there was deficiency in service given by the Bank to Mr Kushwaha and hence he is entitled to get compensation from the Bank alongwith costs of litigation.” Alleging failure by the state commission to exercise its jurisdiction in the wake of admitted fact of forgery and fabrication, BoB filed an appeal before the national commission. After hearing both sides, NCDRC observed that irrespective of the question of whether or not the NOC was actually fabricated, it was the duty of the Bank to inform Mr Kushwaha promptly that it was not acceptable in view of the information purportedly gathered from the chairman and secretary of New Neil Aangan CHS. “But the same was not done which ex-facie was a deficiency in service on the part of the Bank. Had Mr Kushwaha been informed about this fact, he could have either rebutted the same, or resorted to any other method to secure a genuine certificate, if the same delivered to him was found to be false, fabricated or unauthorised. But the Bank in Para 12 of their reply filed in the district forum, simply denied in a bald fashion that ‘they have not intimated to the complainant about the delay in disbursement of the housing loan’”. Elsewhere they merely stated that they had ‘orally informed’ to the complainant about the delay in disbursement of the loan since the title of the said property was not clear and marketable,” it says.  NCDRC also noted that the Bank failed to even respond to two legal notices sent by Mr Kushwaha. Nearly five-six months after he filed the complaint before the district forum, the Bank replied to his notices. “No copy of any letter intimating the complainant about the infirmity or illegality of the NOC was placed on record by the Bank to support its claim, as admittedly no such letter was actually issued to the complainant,” the bench stated. It then directed Bank of Baroda to pay Rs1 lakh as compensation to Mr

While rejecting an insurance claim, the national consumer disputes redressal commission (NCDRC) directed Oriental Insurance Co Ltd to pay Rs1 lakh to compensate the complainant for the insurer’s dilatory and harassing attitude before belatedly repudiating the insurance claim. In this case, the commission upheld that legal heirs of an insured must get the policy transferred in their names within the stipulated time to claim the insurance. In an order issued last week, the bench of Binoy Kumar (presiding member) and justice Sudip Ahluwalia (member) says, “…while holding that the claim of the complainant was not tenable on account of non-compliance of relevant policy conditions which required him to get the policy transferred in his name within the time specified, the revision is allowed after setting aside the impugned order of the state commission. At the same time, a compensation of Rs1 lakh towards mental pain and harassment is awarded to the respondent on account of the dilatory and harassing attitude of the insurance company before belatedly repudiating his insurance claim.” Delhi-based Sujap Singh, son of Amarjeet Singh, had filed the complaint before the district forum against the insurer. Amarjeet Singh bought an Rs7 lakh insurance policy for his truck from Oriental Insurance from 8 September 2004 to 7 September 2005. However, on 3 November 2004, Amarjeet Singh died. The truck was stolen on the night of 22nd and 23 May 2005. The Singh family filed a first information report (FIR) and intimated the insurer. However, despite collecting all relevant documents from the Singhs, Oriental Insurance rejected the claim. The Singh family then filed a complaint before the district forum. During the hearing before the district forum, Oriental Insurance denied any deficiency in service. It contended that “as per terms and conditions of the insurance policy in the event of death of the sole insured, the policy does not lapse immediately but remains valid for a period of three months from the date of death of insured or until the expiry of policy (whichever is earlier) and during such period, the legal heirs of the insured may apply for the transfer of the policy to their name or obtain a new policy.” In the present case, the insurer submitted that Sujap Singh got the vehicle transferred in his name on 18 May 2006 or after the theft, violating condition no10 of the insurance policy. “At the time of the theft of the vehicle, the policy was not in force and the same had already lapsed as per the terms of the policy and it had rightly repudiated the claim,” it says. The district forum dismissed the complaint filed by Sujap Singh. Aggrieved by this order, he filed the first appeal before the state commission at Delhi. While setting aside the order passed by the district forum, the state commission directed Oriental Insurance to pay the claim amount to Sujap Singh. “Having regard to the discussion done and law laid down we are of the considered view that the repudiation of the claim is not sustainable. The insurance company cannot escape its responsibility and obligation to allow the claim. Accordingly, we set aside the orders passed by the district fora and direct the insurance company to settle and pay the claim within 30 days from the date of receipt of the order.” Oriental Insurance challenged the order before NCDRC. It contended that it is settled law that in the event of any failure on the part of a transferee of an insured vehicle to comply with the relevant terms and conditions in the insurance policy within the period provided therein, the insurer is not liable to satisfy the claim. After hearing both sides, the NCDRC observed that on the existing position of law in this regard, particularly in the light of some subsequent decisions of the apex court, the claim of Mr Singh is not tenable. “This is so because it has to be noted that breach of policy conditions which in the present case happen to be failure to get the policy transferred in the name of the complainant within the time prescribed, ipso facto disentitles him from claiming the compensation as on the relevant date i.e. three months after death of his father- registered owner and insured, as there was no privity of contract between him and the insurance company,” it stated. However, NCDRC says, “considering the unprofessional and unfair conduct on the part of the insurance company in not promptly repudiating the claim of Mr Singh for the reason that he had failed to comply with the relevant clause for transfer of the insurance policy in his name within the specified time from the date of death of his father or original insured, would certainly invite censure.”  “It is a matter of record that intimation of the claim was submitted as far back as on 26 May 2005. But, Mr Singh was made to approach the insurance company again and again on various pretexts and asked to submit some documents or the other which would have been altogether irrelevant if his claim was to be ultimately repudiated solely on the ground that he had failed to comply with the requisite policy terms and conditions. The documents asked from him during the intervening period were such irrelevant ones as the original cover note, financial repayments, status, and proof of the existence of the vehicle in November 2004, apart from asking him to comply with some other formalities vide letter dated 10 January 2007. But, a copy of the such letter has not been placed on record on behalf of the insurance company.” “The claim was finally repudiated almost two years later on 18 April 2007 after the complainant had been made to submit all the information and documents sought from him. He certainly deserves to be compensated for such harassment, callousness and uncalled-for attitude on the part of the insurance company in making him run from pillar to post before finally repudiating his claim for a reason which had

Technology is a double-edged sword; unless the user has good intentions, it can end up in a blood bath—not necessarily in terms of physical harm, but it could decimate one’s finances and cause immense mental trauma. All of us have read innumerable news reports and social media posts about people being duped by scammers or messages that are ostensibly from banks, financial service-providers or key utility companies. This telecalling or messaging menace has turned increasingly more sophisticated over time. Fraudsters are now obtaining and using landline phones and intelligent voice responses (IVR) technology for spamming almost every mobile subscriber nationwide. Unfortunately, India still does not have an effective grievance redressal mechanism for customers. Sector regulators are supposed to play a vital role in protecting consumers, but most fall short or simply do not care about implementing effective redress systems. One regulator has virtually said that resolving consumer complaints is not its job! Yes, you guessed it right. It is the Telecom Regulatory Authority of India (TRAI) that does not take any cognizance of individual complaints from telecom subscribers. The TRAI portal, under its frequently asked questions (FAQs) on consumer complaints , says, “TRAI Act, 1997 does not envisage handling of individual consumer complaints by TRAI. As per the Telecom Consumers Protection and Redressal of Grievances Regulations, 2007, in case a consumer has a complaint, the first step is to register the complaint at the toll-free call centre number of the service provider and obtain a docket number, confirming registration of the complaint.” In short, consumers must take up their complaints with their respective service-providers, even if the complaint is against them, or perhaps approach consumer courts. Interestingly, while TRAI remains in its ivory tower and ignores complaints, the department of telecom (DoT) at least shows the courtesy of responding. Unfortunately, it is a standard response: “Your message has been forwarded to the concerned telecom services provider (TSP)/division for necessary action.” Consequently, the number of spam calls hawking personal loans, credit cards, and many other things, as well as scam calls from fraudsters, have increased exponentially. With individual data being freely sold without punitive consequences, spam messages inundate people’s phones. There exists an app called TRAI DND (do not disturb). Unfortunately, an app is not a regulator and can only act as a facilitator by forwarding details of spam calls and SMSs to the central registry number 1909 in a specified format. Barring the few cases where the number of the caller or SMS sender is available and thus can be disconnected, there is no other action taken against the telemarketers or spammers reported on the app. Most often, the app blindly accepts standard replies provided by spammers, who may be using an SMS header obtained from a TSP. For example, I used to receive several SMS from a portal selling old items, with a header of ‘IM-Selold’. Before receiving these spam messages, I had not even heard of its name, so there was no question of me using any service they offered. Yet, when I complained from the DND app, I was told this was a ‘service SMS/call’! Spammers are now using new methods for their nefarious activities, including setting up call centres and obtaining landline phone numbers. You may be aware that buying a new SIM (subscriber identity module) card is simple, but obtaining a landline is time-consuming and involves scrutiny, including verification of the premises where it would be installed. Yet, fraudsters are able to bypass this scrutiny and obtain landline phones for their fraud call centres. Earlier this week, a surprise raid by the officers of the Bidhannagar police commiserate unearthed unaccounted cash worth around Rs4 crore seized from a fake call centre in the Rajarhat-Newtown area on the outskirts of Kolkata. The police suspect that the arrested persons were also involved in illegal hawala transactions besides running the fake call centre. A police officer told IANS that through this call centre, these persons mainly targeted elderly citizens in different parts of the globe. “We suspect the arrested persons are part of an international forgery racket. We will interrogate them to collect information on their partners and masterminds in this illegal trade,” the officer says. Similarly, the cybercrime branch of the Gurugram police busted a fake stock trading call centre and arrested 13 people, including two foreign nationals. This fake call centre was involved in duping a man of Rs1.6 crore by luring him to invest in the stock market, cryptocurrency, and international share market. These fraudsters then scam the victims by making them invest in fake trading websites—Lexa Trade and Grow Line in the name of investing in the stock market, cryptocurrency and international share market by putting advertisements and pop-ups on Facebook, Instagram and social networking sites, police told IANS. Some of the call centres are using IVRs for calling and spamming mobile subscribers with telemarketing. Many of them are operating from tier-2 and tier-3 cities. For example, fraudsters are using landline phone numbers from Ahmedabad, Indore, Lucknow and even Nashik for IVR-based telemarketing.   This number 079-35282894 is from Ahmedabad and the number check on Truecaller shows it as a spam call for SBI credit card. A similar series number 079-35282884 is noted as a spam call for loan fraud. Another number, 0731-6197022 is from Indore and is used for investment and health check spam. Mumbai landline phones are not far behind. A number 022-50044270 uses IVR for personal loans. Another number 022-68535246 is mentioned as ‘fraud’, ‘survey’ and ‘card payment reminders’ on Truecaller. Hyderabad is not far behind. A number 040-71320226 is used for marketing fraudulent personal loans in the name of State Bank of India (SBI). One number from Nashik, 0253-6913263, shows as a financial service in the name of Bajaj Finance Ltd. However, the telecaller is selling personal loans and cards from DBS. Lucknow is also on the list of such automated IVR calls using the landline. The number 0522-7187781 is used for a personal loan through IVR. The IVR message

National consumer dispute redressal commission (NCDRC) has directed Puri Constructions Pvt Ltd and Florentine Estates of India Ltd to either refund the collected amount or hand over possession of the flats to respective buyers. NCDRC held this decision on the complaints filed by two buyers, Lal Lakhiani and Roma Gupta. In the order, presiding member justice Ram Surat Ram Maurya, and member Dr Inder Jit Singh, says “ In the instant case, there is a delay of only 10 months in handing over the possession of flat by the construction companies from the committed date, which is not unreasonable.  Hence, the complainants in the present circumstances are obligated to take possession of the flat and the construction companies are obligated to pay delay compensation for the period of delay.  However, if due to the reason that they have mortgaged the entire project and Puri Constructions are not entitled to sell the said units as the license is issued in the name of Florentine Estates, the complainants wish to seek a refund, they can do so without the imposition of any penalties, and without any interest by builders on their principal amount.” Lal Lakhiani’s brother Mohan and other family members had purchased a flat in the project launch Emerald Bay situated in Sector 104, at Village Dhanwapur, Gurgaon, Haryana. This was launched by Puri Constructions. The buyer and builder executed a buyer’s agreement for the flat, which cost Rs1.70 crore. In the agreement made the builders were liable to hand over the possession of the apartment within 48 months from the date of the deal, i.e., by 29 October 2017. A total of Rs1.66 crore was paid by the buyers. However, the developers failed to complete the construction. The buyers came to know that Puri Construction, representing to be constructing the Emerald Bay project, is not entitled to sell apartments in the project and collect money from the allottees since the license for the project has been issued to Florentine Estates of India Ltd. Both construction companies mortgaged the entire project, including land and structures constructed or to be built thereon, on a first exclusive charge basis in favour of PNB Housing Finance Ltd. The mortgage was done to secure a loan from PNB Housing Finance Ltd. This clearly violated the agreement and the buyers filed a complaint. A similar complaint was filed by Roma Gupta also. The construction companies contented that the complaints are not maintainable as they have been filed after the expiry of five months after the offer of possession of the unit. They have already discharged all their obligations under the BBA before filing the complaint and a breach of the agreed terms is on the part of the complainants. It was also contended by the builders that the complainants entered a transaction for commercial purposes. NCDRC, after perusal of all records, found that the construction companies failed to produce any evidence to substantiate their contentions. NCDRC also stated that the delay of 10 months in handing over the possession could not be excused. Roma Gupta had made a payment of Rs1.48 crore, and Mr Lakhiani and his family had made a payment of Rs1.66 crore to the construction companies. NCDRC  directed that either the companies should hand over the possession of apartments or, if the buyers seek a refund, the amount collected should be returned without any interest and the imposition of any penalty. Along with a litigation cost of Rs25,000 each, the builders are obliged to pay delay compensation in the form of simple interest of 6% from 29 April 2018 to 21 September 2019. (Consumer Case Nos1087/1088 of 2019   Date: 6 January 2023)  Source: moneylife.in

The government is working towards integrating the national consumer helpline number (1915) with WhatsApp, which would enable consumers across the country to lodge their complaints against any product or service in an easier manner and would also ensure better tracking of their complaints. According to official sources, the Consumer Affairs Department is in the process of integrating the consumer helpline number with WhatsApp. As of now, if there are any product or service-related complaints, a consumer can either call the national consumer helpline number or lodge a complaint through the department’s website. However the helpline number’s integration with WhatsApp will make it easier to lodge complaints and even track them. As around 40 crore people use WhatsApp, the Consumer Affairs Department feels that the integration will encourage more people to come forward and lodge their complaints and it will make them aware of their rights as consumers. Sources said that around 7 lakh complaints have been received on the national consumer helpline and 90 per cent of them have been redressed, and therefore its integration with WhatsApp will also help in greater redressal of consumers’ complaints. Further, in order to facilitate online filing of consumer complaints, the e-daakhil portal has been set up by the department, which provides a hassle-free, speedy and inexpensive facility to conveniently approach the relevant consumer forum, thus dispensing the need to travel and be physically present to file their grievance, Additional Secretary, Consumer Affairs Nidhi Khare told media persons. The objective is to digitise and make it easy for consumers to access justice with the help of technology. All formats for application, review, appeal, etc. will be digitised for bringing hassle free, speedy redressal of consumer complaints, in line with the e-courts project. Mediation, which is envisaged under the Consumer Protection Act as an alternate dispute redressal mechanism, is also being considered through online mode, Khare added. In addition to this, the department has also developed the ‘right to repair’ portal, which is aimed at protecting consumers against planned obsolescence (i.e. designing a product with limited life, thus resulting in increasing e-waste). The portal, which was recently launched, addresses consumers’ concern on price, originality and warranty of spare parts, explicitly mentioned differences in liability for warranty, guarantee and extended warranty of products, as well as methods to check authenticity of spare parts. The portal has divided products under four categories, notably farming equipments, mobiles or data equipments, consumer durables and automobile equipments. These initiatives are part of the celebrations of the World Consumer Rights Day, which is on March 15. Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

The Union Cabinet on Wednesday approved the incentive scheme for promotion of RuPay debit cards and low-value BHIM-UPI transactions (person-to-merchant) for a period of one year from April 2022. The approved incentive scheme in 2022-23 has a financial outlay of Rs 2,600 crore. Under the scheme, acquiring banks will be provided financial incentives for promoting Point-of-Sale (PoS) and e-commerce transactions using RuPay Debit Cards and low-value BHIM-UPI transactions (P2M) for the current financial year. In 2021-22, the government had approved an incentive scheme in compliance with the budget announcement of 2021-22 to give a further boost to digital transactions. As a result, total digital payments transactions have registered a year-on-year growth of 59 per cent, rising from 5,554 crore in l2020-21 to 8,840 crore in 2021-22. BHIM-UPI transactions have registered a year-on-year growth of 106 per cent, rising from 2,233 crore in 2020-21 to 4,597 crore in 2021-22. Various stakeholder in the digital payments systems and the Reserve Bank of India (RBI) expressed concerns regarding potential adverse impact of the zero MDR regime on the growth of the digital payments ecosystem. Further, the National Payments Corporation of India (NPCI) requested, among other things, for incentivisation of BHIM-UPI and RuPay Debit Card transactions to create a cost-effective value proposition for ecosystem stakeholders, increase merchant acceptance footprints and faster migration from cash payments to digital payments. This incentive scheme will facilitate building of a robust digital payment ecosystem and promoting RuPay Debit Card and BHIM-UPI digital transactions, official sources said. Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and is responsible for accuracy, completeness, suitability and validity of any information in this article.

Even as we all are settling into the digital world, a primary issue that remains unresolved is knowing whether you are interacting with an authentic or genuine person, entity or organisation. Technology advances are allowing cybercriminals to get better and more efficient at impersonation—whether it is a person on social media or impersonating  government websites—to cheat people. They also manipulate search engine optimisation (SEO) to ensure that they appear among the top search results on the internet, sometimes ahead of the genuine websites. No wonder many people, especially those seeking to register for a government scheme, fall victim to such scamsters. In this column, I plan to discuss this and two fraud cases in the Mumbai suburban region. One is a loan fraud case where the Thane police arrested three people for duping borrowers under the pretext of providing a pre-sanctioned loan. And, in another case of similar cheating, the Dahisar police managed to recover Rs8.5 lakh from a fraudster who cheated a woman after offering her admission to a foreign law college. Bogus Websites Offering Govt Schemes Search engines like Google are a good place to quickly find information on any subject. Still, the increasing misuse of SEO by cyber criminals makes it difficult for people to get authentic information or links to a genuine portal unless they are careful. In a Twitter post, Abhijeet (@The_realist000) recently wrote about how fake websites often appear as top search results. After collecting basic information from those who access these websites, the fraudsters behind this game start demanding money under one or the other pretext. Abhijeet shared the example of how the Pradhan Mantri Kisan Energy Suraksha and Utthan Maha Abhiyan (PM-Kusum) scheme is replicated on some bogus websites for duping people. He says, “After receiving details, these people call and provide basic information about the scheme. They also inform you that it would cost you Rs51,000 to install a solar power pump for agriculture. They also ask for bank details and other documents.” “At the same time, they tell you about making a payment of Rs5,600 as registration, out of which they promise Rs5,000 would be refunded. It never happens. Their aim is only to garner money from gullible farmers. Several farmers have become victims of such bogus websites who are misusing names of government schemes,” he says in his tweet. Even the Union ministry of new and renewable energy has issued a warning about some fake websites offering solar-power pumps to farmers and collecting information and registration charges. Some portals mentioned by the ministry include kusumyojanaonline.in.net, pmkisankusumyojana.co.in, onlinekusumyojana.org.in and pmkisamkusumyojana.com, among others. To ensure you are accessing a genuine website of the Indian government and to know details of various schemes, it is best to visit the official portal of the concerned ministry. If you do not know the web address, then use India.gov.in portal to find out the authentic portal of the concerned ministry or department. India.gov.in also provides information about various schemes offered by the government. Here is the link that provides detailed information about PM-KUSUM scheme https://www.india.gov.in/spotlight/pm-kusum-pradhan-mantri-kisan-urja-suraksha-evam-utthaan-mahabhiyan-scheme. Loan on Phone The Thane police arrested three people for allegedly duping borrowers by pretending to be bank officials. According to a report from Mid-Day, these fraudsters acting as bankers called loan seekers, informing them that their loan had been sanctioned. They then asked for Rs30,000 as processing charges to clear the loan file. In a case registered with Manpada police station, the victim reportedly paid nearly Rs7.34 lakh to the criminals and filed a complaint when he realised he had been duped. Shekhar Bagde, senior inspector at Manpada police station, told the newspaper that, based on a tip-off, one accused was held from Shimla, and his interrogation led to the arrests of his associates from Noida and other parts of Uttar Pradesh. He is quoted as saying, “The modus operandi was to open bank accounts using fake documents and then to trap people who are on the lookout for loans. They would tell the victims that loans had been sanctioned and would keep fleecing them by way of fees and charges, some non-existent.” “The Rs7.34 lakh taken from the complainant has been recovered, while five mobile phones and ATM cards have been seized from the accused,” Mr Bagde says. Admission to Foreign College Costs Rs8.50 Lakh A woman from Dahisar, near Mumbai, was lucky to get her money back due to quick action by the police. In this case, assistant police inspector (API) Ankush Dandge and constable Shrikant Deshpande from the cyber cell tracked the bank account number where the money was transferred. Police approached the bank, asking them to freeze the account. The woman was offered admission to a US-based institute by a person she met at an international job fair. She paid Rs8.50 lakh to the agent in multiple transactions. “However, after this, the accused stopped responding to her calls and messages. The complainant realised she was duped and approached Dahisar police on 21 December 2022,” says a report from Mid-Day. Police also found that the bank account had more money than was transferred by the woman. Pravin Patil, senior inspector at Dahisar police station, told the newspaper, “We suspect that the accused has cheated others using the same modus operandi.”   The woman, in this case, was, indeed, lucky to get back her money, as reported. However, in case you come across someone who offers admission to some big foreign college or institute for a fee, be alert and stay away. source: moneylife.in.

The number of cases registered against adulterated, sub-standard or misbranded food items has shown a rising trend during the past couple of years. As per the official data, total 24,195 civil cases and 3,869 criminal cases were lodged by the concerned food safety authorities in various parts of the country during 2020-21 which increased to 28,906 civil cases and 4,946 criminal cases in 2021-22. The food safety authorities analysed 1,07,829 samples in 2020-21 out of which 28,347 samples were found non-confirming to the prescribed standards. Similarly, total 1,44,345 samples were analysed in 2021-22 out of which 32,934 were found non-confirming. The government data said that a total 5,220 and 4,890 samples were found unsafe, out of the total samples analysed during 2020-21 and 2021-22. Food Safety and Standards Authority of India (FSSAI), the apex food safety body in the country, is mandated to lay down science-based standards for food articles and to regulate their manufacture, storage, distribution, sale and import to ensure availability of safe and wholesome food for human consumption. Section 31(1) of Food Safety and Standards (FSS) Act, 2006 provides that no person shall commence or carry on any food business except under a license. Surveillance of food business operators is conducted regularly through intensive surveillance drives by states and Union Territories (UTs). Officials said that the responsibility for implementation and enforcement of FSS Act 2006, Rules and Regulations made thereunder primarily lies with state and UT governments. While authorities analyse samples, penal action is initiated against the defaulting food business operators (FBOs) by the food safety officers of states/UTs as per the provisions of FSS Act, 2006, Rules and Regulations. Regarding foods for medical purpose including protein powder and other such items, FSSAI has notified FSS (Food or Health Supplements, Nutraceuticals, Foods Special Dietary Use, Foods for Special Medical Purpose, Functional Foods and Novel Foods) Regulations, 2016, which specify provisions for regulation of these products in the country. The articles of food covered under these regulations are required to comply with the general labelling requirements under the FSS (Packaging and Labelling) Regulations, 2011. Officials said that since these products are intended for specific physiological conditions or general maintenance of health and are required to be taken as per the regulated usage levels by the specific targeted group, labelling provisions for specific food product categories have also been specified under the said regulations. These regulations say that the label on such articles of food shall specify the purpose, the target consumer group and the physiological or disease conditions which they address and recommended duration of use. The label, accompanying leaflet or other labelling and advertisement of each type of article of food should also provide sufficient information on the nature and purpose of the article of food and detailed instructions and precautions for its use, and the format of information given shall be appropriate for the intended consumer. Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and is responsible for accuracy, completeness, suitability and validity of any information in this article.

As we gear up to welcome 2023 with great enthusiasm and hope, we must remember that criminal gangs also feel the same. They have also lined up great plans to dupe people with their ever-successful toolkit of fear and greed. So what we, as end-users of online and digital products, should do is stay vigilant and aware of traps laid by cybercriminals. This is important because those who follow some universal rules of online engagement are less likely to be harmed in 2023 and beyond. I also want to tell you about recent cases of fraud, where criminals targeted bank accounts and insurance policies of people who are dead. Impersonating the Dead! A few months ago, I had warned about a new scam where fraudsters are found impersonating individuals or businesses. Cybercriminals are now finding easier targets – people who are not in a position to be vigilant or check their accounts because they are dead. Criminals have found ways to withdraw money from bank accounts or file insurance claims in the names of deceased persons. How does this work? According to a report from Mid-Day, the police registered two cases wherein fraudsters have withdrawn money from bank accounts of deceased persons. Salim Beg died in February 2021. His wife Akhtari went to Great Bombay Co-Operative Bank Ltd in Dahisar East, to submit her husband’s death certificate and claim the funds in his accounts. The bank manager told her to produce an affidavit and succession certificate to claim Mr Beg’s account. She filed an application in the Bombay High Court (HC) for the succession certificate. However, a couple of months later, she received a call from the bank manager about transactions in her husband’s account, where someone had transferred Rs5.89 lakh. “According to the manager, two similar incidents had occurred in the branch earlier and the people concerned had lodged complaints at the Dahisar police station,” the report says. In another case, two employees of an outsourcing agency were arrested by the Goregaon police on 15 December 2022 for allegedly stealing Rs1.30 crore from the account of Dr Hirendra Pal, a customer of State Bank of India (SBI), who died in October 2014. “Police investigation revealed that the victim’s know-your-customer (KYC) details were updated at the Jawahar Nagar branch of SBI in Goregaon and once this was done, the amount was transferred via mobile banking to over dozens of bank accounts in Mumbai,” the report says. The newspaper report also shares how two employees of an insurance company settled about 50 policies by transferring Rs1.5 crore to their relatives’ bank accounts. Both the employees had access to the policy and bank details of customers from across the country as part of their job of handling cases where policyholders have stopped paying premiums. Police have arrested the duo. According to a former banker and consumer activist, Abhay Datar, the family members of a deceased person can file an application with the bank and request a debit freeze on the account. “This,” he says, “will prevent withdrawals or outbound transfers from the account while keeping creditline intact to receive payments, if any, in the deceased person’s bank account.” Whether sudden or expected, the death of a loved one or parent is a difficult time for us. In these circumstances, handling financial matters while coping with emotional pain can be stressful. You may want to read an article on ‘How To Handle Inheritance Issues on the Death of a Parent/ Spouse?’ Universal Rules To Stay Safe Online The end of the year is traditionally a time for reflection and also to look at the emerging trends shaping our future. Here I am talking about our digital lives. Security software provider Avast has three major predictions for 2023. Ransomware will become an increasingly serious problem; scams will continue to be a favourite method for cybercriminals; and cybercrime as a business will become even more sophisticated, it says. Michal Salat, threat intelligence director at Avast, says, “Cybergroups go to many lengths to tap into people’s worst fears to deceive them into sending money or giving up personal data because it is easier to make people vulnerable than hacking their devices.” As experts keep pointing out, cybercrime has become a business, growing at an alarming speed, and thus capturing various spaces in cyberspace. A more worrying factor is the easy availability of hacking tools, malware and other toolkits used for cybercrimes. For example, some open-source malware are now readily available for distribution on platforms like Discord. “People, including young people with less technical knowledge, can now get their hands on malware and may be more inclined to join the dark side given current economic hardships,” Mr Salat says. While no remedy or permanent injection is available to remain safe online, here are some universal rules to follow. Dos: For support, visit the official website of service-providers Remember that no service-provider will ever ask you to verify your account over a call. Regularly change passwords and personal identification numbers (PIN) of accounts and credit cards. If the option for two-factor authentication is available, then use it. Don’ts: Don’t click on links shared by unknown people through SMS, e-mail and WhatsApp. Don’t download any unauthenticated app on your mobile suggested through a suspicious SMS, e-mail and WhatsApp. Avoid clicking on links and downloading attachments. Trojans, which can bring rootkits, spyware or adware with them, often slip into your device disguised as a harmless attachment. Don’t use search engines for customer support numbers. Don’t share sensitive and confidential information like your user (login) ID, account number, debit or credit card details and one-time passcode (OTP) with anyone. How To Report Cyber Fraud? Do report cyber crimes to the National Cyber Crime Reporting Portal http://cybercrime.gov.in or call the toll-free National Helpline number, 1930. To follow on social media: Twitter (@Cyberdost), Facebook (CyberDostI4C), Instagram (cyberdostl4C), Telegram (cyberdosti4c). Source: moneylife.in

The National Consumer Disputes Redressal Commission (NCDRC) directed Kokilaben Dhirubhai Ambani Hospital and Medical Research Institute in Juhu (Mumbai) and a doctor from the hospital to pay Rs40 lakh compensation in equal proportion to a patient for alleged medical negligence and deficiency in service. The order, if not implemented within six weeks, will carry an interest of 9% per annum till its realisation. The patient had suffered paraplegia after surgery at the Hospital and informed consent about it was not undertaken. In an order issued this week, presiding member Dr SM Kantikar says, “Dr Mihir Bapat is held liable for the act of ‘commission’ and ‘omission’ during the treatment of the patient. Also, the hospital is vicariously liable for the deficiency in services. It was the duty of the hospital to ensure the standard of patient care. The doctors or the concerned staff were accountable, who failed to adhere to the Standard operating procedures (SOP).” “Adverting to the compensation, I would like to rely upon the law laid down by the Supreme Court. The patient post-operatively suffered irreversible damage- i.e. paraplegia for his remaining life. The complainant deserves just and reasonable compensation because such a patient needs an electric bed, air mattress to avoid bed sores, deep vein thrombosis (DVT) pump to avoid deep vein thrombosis, automated wheelchairs and walker,” NCDRC noted. The case is related to a complaint filed by Rohandeep Singh Jaswal, through his constituted attorney and father, Sanjeev Jaswal, against the Hospital and its 12 doctors, including Dr Bapat. Mr Jaswal had consulted Sir Ganga Ram Hospital in Delhi for his son’s kyphoscoliosis spinal deformity when he was 12 years old. It was diagnosed as an intramedullary tumour and operated in October 2004. The tumour was reported as non-cancerous ganglioglioma, but the doctors advised to take care and accordingly, magnetic resonance imaging (MRI) was done yearly. In 2012, the MRI revealed a tumour of shrunken size. Since the Jaswals had moved to Ahmedabad, he sought consultation at Shalby Hospital there. The doctors suggested 65% correction through surgery with a neuro-monitoring machine and related facilities to avoid neurological complications. In February 2014, the patient consulted Dr Bapat at Kokilaben Hospital in Mumbai. It was alleged that the patient was told that as the spine is flexible, 80%-90% correction is possible. The operation was scheduled on 16 April 2014, but was postponed to 23 April 2014, as the neuro-monitoring machine was under maintenance. Mr Jaswal, in his complaint, alleged that no informed consent was taken. “The surgery took a long time, from 7am to 4pm. After the surgery, the patient was shifted to a room. Dr Bapat came to the room and informed that the patient regained consciousness but not moving his legs; therefore, re-surgery was necessary for releasing the implants and to reduce the correction as carried out in the spine.” However, after surgery, the patient’s parents were shocked to hear that there was no leg movement and there was no sensation below the chest (rib cage) of their son. The patient also suffered from meningitis. It was further alleged that the patient heard the doctors’ conversation that they should not have accepted and operated on the case. Dr Bapat did not inform the condition as it was ‘paraplegia’. After that, the condition of the patient continued to deteriorate. On 27 July 2014, Rohandeep was discharged from Kokilaben Hospital in paraplegic condition (loss of senses below the rib cage), with no bowel and urine control. For the daily routine activities of the patient, an attendant was needed. Till 7 February 2015, he remained admitted to Dhirubhai Ambani Occupational Health. The family consulted a number of doctors, but Rohandeep’s condition did not improve. As advised by Dr Bhoj Raj on 4 October 2014, a contrast computerised tomography (CT) myelography test was performed. It revealed D-8 vertebra was slightly wedged before surgery and got totally crushed during the surgery, indicating severe stretching or blockage at the point of the vertebra. The Jaswals then filed a complaint before NCDRC seeking compensation of Rs58.92 crore from the Hospital and the doctors. The Commission, in its order, observed that the consent forms for anaesthesia and surgery were devoid of details about the risks of paraplegia. It also said that the doctor did not seek the opinion of a neurosurgeon. “A specific query was put to the authorised representative (AR) (of Dr Bapat) about the informed consent in the instant case. He submitted that the patient had the knowledge of spinal surgery and moreover during every visit and discussion with Dr Bapat, it was explained to the patient and his parents about the operation and its complications. According to AR it was deemed to be consent. The documents on record are unsigned prescriptions which in my view it does not construed as ‘informed consent’. Thus it is evident that Dr Bapat failed to obtain informed consent for surgery in the instant case,” Dr Kantikar from NCDRC says. Describing informed consent as one with four components – decision capacity, documentation of consent, disclosure, and competency – the NCDRC stated that the two well-recognised exceptions are medical emergencies and another is a ‘rare’ case. Calling neurosurgery and orthopaedic surgery as two high-risk specialities associated with some of the highest numbers of medical negligence litigations, the Commission said that spinal surgery, most commonly at the lumbar level, has the highest rates of litigations. Source: moneylife.in