Contracts are often onesided and to the disadvantage of consumers. However, despite knowing that certain provisions are not fair, consumers have no choice but to sign. For instance, early loan repayment. Banks and financial institutions include a clause that in case of early loan repayment, the consumer shall pay a penalty. How can a consumer fight such unfair terms?
Alok Hardikar, Vile Parle (East)
The Consumer Protection Act, 2019 (CPA) provides the remedy with section 2 (46), which defines unfair contract as one between a manufacturer, trader or a service provider and the consumer with terms that cause significant change in the rights of the consumers, typically including: (a) excessive security deposits; (b) imposing wholly disproportionate penalty on the consumer for breach; (c) penalty for early repayment; (d) entitling the party to terminate the contract unilaterally, (e) to assign the contract to the other party to the detriment of the consumer without consent or (f) imposing any unreasonable charge, obligation or condition which puts consumer at a disadvantage. State and national consumer commissions are empowered under Section 47 (1) (a) (ii) to declare such terms as null and void. The list of unfair contract terms given above is only illustrative. Any similar terms in any contract can be questioned. In case the consideration paid is up to Rs2 crore, the complaint will have to be filed before the state commission. If it is above Rs2 crore, the complaint will have to be filed before the national commission in Delhi.
Where should one go to find out the true position of availability of free and concessional beds meant for poor people in charitable trust hospitals? What is the income eligibility for free and concessional beds?
Nita Pradhan, Santa Cruz (West)
Under the public charitable trust act, charitable hospitals are required to reserve 10% of the beds for free treatment to indigent patients and reserve another 10% for concessional medical treatment to economically weaker sections. A person with an annual income not exceeding Rs1,80,000 is recognised as indigent and is entitled to get free bed, treatment and medicines. A person with an annual income not exceeding Rs3,60,000 falls in the category of EWS and is entitled to get a bed, medical treatment and medicines at a concessional rate of 50%. The state government recently set up a Special Medical Aid Cell in order to ensure that indigent and EWS patients get free and concessional beds.
To assist this state-level cell, the government has appointed district level committees comprising the local MLA, a social worker and a medical expert. The cell from Mantralaya will monitor real-time availability / occupancy of each charitable trust hospital in the state.
There were several complaints that the hospitals were misusing these free and concessional beds and denying them to genuinely indigent and EWS patients. Patients who face problems in this regard may contact Rameshwar Naik (93224 55955), who is in-charge of this special cell.
Advocate Shirish Despahande is the chairman of the Mumbai Grahak Panchayat. Queries may be sent to shirish50@yahoo.com
