Your Q His A

• I had joined MBA correspondence course from an Open University in January 2002 and paid the full fees. Subsequently I got transferred and informed the authorities of the address change. Despite repeated reminders and vigorous follow-up with all concerned authorities, they have not replied or initiated action. As a result, I have lost two years. Can I approach the Consumer Court to seek redress? Where should I file a complaint?
P. Rengaswamy

You can approach the Consumer Forum to redress deficiency in service. The National Commission has clearly stated that imparting education is a service, which falls within the purview of the Consumer Protection Act, 1986 Act. You can seek compensation for the loss of two valuable years from the Open University, if there is a deficiency in the service provided to you. The Consumer Protection Act provides that every district shall have a District Consumer Redressal Forum. Therefore, you would have to approach the Consumer Redressal Forum in your district for redressal.

• After a road accident, the driver is often encouraged into making an on-the-spot monetary compensation to avoid legal hassles. Is this legally acceptable? Can you be penalised for not reporting the accident to the police? After a compromise, does the person still have the option of going to court?
Thomas Joseph

A monetary compensation of the nature mentioned by you is permissible only if it does not restrict the victim’s or his dependant’s right to approach the Court. The compensation should not amount to consideration for the victim or his family not approaching the Court. Additionally, such compensation should not stipulate a bar on the initiating of any criminal action against persons responsible as such a bar would be void in law. If the matter were to be taken up by a Civil Court, the Court would keep in mind any sum paid or recovered earlier in the same matter, while determining the compensation. The Motor Vehicles Act 1988 also provides that the driver must take all reasonable steps to secure immediate medical attention to the injured, and report the matter along with the circumstances to the police within 24 hours. Failure to do so would be punishable with imprisonment extending up to three months, or a fine of Rs 500, or both.

Rajiv K. Luthra is the founder and senior partner of Luthra and Luthra Law Offices. This column provides general observations on applicable laws. Due to paucity of space, it does not and cannot substitute legal advice specific to an issue. Readers are requested to consult their lawyer for specific legal problems. The author and publisher shall not be responsible in case any damage or loss is caused to any person as a result of any action taken on the basis of the opinion expressed here. Send your questions to luthra@luthra.com