Saturday, January 27, 2018
Star Health And Allied Insurance
Star Health And Allied Insurance ... vs Kapil Bansal on 6 March, 2017
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB, DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.
First Appeal No.699 of 2013
Date of institution : 27.06.2013/01.07.2014
Date of Reserve : 06.03.2017
Date of decision : 16.03.2017
1.
Star Health and Allied Insurance Company Limited, through its Assistant Vice President, Claims, Regd. Office No.1, New Tank Street, Valluvar Kottam, High Road, Nungabakkam, Chennai- 600 034.
2. Branch Manager-Star Health and Allied Insurance Limited, SCO 25, First Floor, District Shopping Complex, Ranjit Avenue, Amritsar.
.......Appellants/Opposite Parties Versus Kapil Bansal s/o Pawan Bansal, R/o H.No. B-115, Julkian Mohalla, Chakri Bazar, Batala, District Gurdaspur.
........Respondent/Complainant First Appeal against the order dated 17.5.2013 of the District Consumer Disputes Redressal Forum, Amritsar.
Quorum:-
Hon'ble Mr. Justice Paramjeet Singh Dhaliwal, President Shri Harcharan Singh Guram, Member Present:-
For the appellants : Ms. Vertika H. Singh, Advocate for Shri Nitish Singhi, Advocate.
For the respondent : None.
JUSTICE PARAMJEET SINGH DHALIWAL, PRESIDENT:
The instant First Appeal has been filed by the appellants/opposite parties impugning the order dated 17.05.2013 passed by the District Consumer Dispute Redressal Forum, Amritsar(in short "District Forum") whereby the complaint filed by the respondent complainant has been allowed to the extent of ₹ 2 Lakhs with 9% per annum interest from the date of filing of the complaint till payment and litigation expenses of ₹ 2,000/-.
2. The parties hereinafter to be referred as they are arrayed in the complaint before the District Forum.
3. Succinctly, the complainant purchased a health Medi claim insurance policy from opposite parties, vide policy number P/11111/01/2013/000626 wrongly mentioned in the order of District Forum as P/211111/01/2013/000784 for a period from 27/06/2011 to 26/06/2012 for a total sum assured of ₹2 Lakhs. During the currency period of the policy complainant became ill on 22/02/2012 and consulted Doctor of Medanta Medicity Hospital, Gurgaon, who diagnosed that complainant was suffering from heart problem. On 10/03/2012 complainant was admitted in Medanta Medicity Hospital, Gurgaon in emergency condition, where he underwent Aortic Valve Replacement on 13/03/2012 and was discharged on 20/03/2012. The complainant spent more than ₹ 3 lakhs on the treatment. In this respect, original bills, cash memos and other documents were submitted to the opposite parties claiming the amount as per terms of the insurance policy. The opposite parties repudiated the claim of the complainant, vide letters dated 01/05/2012 and 23/06/2012 on the flimsy ground that complainant insured has not disclosed medical history in the proposal form, which amounts to misrepresentation and nondisclosure of material facts. The categorical stand of the complainant in the complaint is that he suffered from the above problem for the first time on 22/02/2012. The claim has been repudiated illegally which amounts to deficiency in service. The complainant filed the complaint before the District Forum claiming the sum assured of ₹ 2 Lakhs with interest and compensation of ₹50,000/- along with litigation expenses.
4. Upon notice opposite parties appeared and filed written version submitting that as per the documents provided by the complainant, he was traced mild MR and TR with moderate with concentric left ventricular hypertrophic and severe aortic stenosis with moderate AR and LYOT 2.1 cms. Since long duration the disease was in existence as is clear from severity of the disease as to produce syncope. However, this fact was concealed by the complainant at the time of taking the policy and procured the policy by misrepresenting the facts and had violated condition No. 7 of the policy. After scrutiny of the medical record, claim has been repudiated vide letter dated 01/05/2012 and same was reaffirmed vide letter dated 23/06/2012 and denied the other averments in the complaint.
5. The District Forum afforded opportunities to the parties to lead their respective evidence and after appreciating the evidence on record, allowed the complaint of the complainant. Hence this appeal by the opposite parties.
6. We have heard the learned counsel for the appellants and have perused the record of District Forum as well as the appeal.
7. The learned counsel for the appellants raised the arguments, which have been mentioned in the reply to the complaint. Learned counsel contended that it was the duty of the complainant to disclose the pre-existing disease of heart. Within a short span of purchase of policy ailment has appeared. The terms and conditions and the exclusion clauses of the policy are the very basis of the contract. The contract of insurance is a special contract which is based upon utmost good faith. The complainant had knowingly and intentionally concealed the material facts relating to his health with a purpose to take undue advantage. It is further contended that Doctor has clearly mentioned in letter dated 22/01/13 that complainant is a known case of bicuspid Aortic valve with severe Aortic valve with a severe Aortic stenosis moderate aortic regurgitation with previous history of syncope attack. The ECHO dated 11/03/2013 also shows thickened calcified bicuspid Aortic valve with severe Aortic stenosis. The District Forum failed to consider the severity and chronicity of the disease which cannot occur within a short span of 8 months. The claim of the complainant has rightly been rejected as per exclusion clause No. 7 of the policy and proposal form Ex. R-3A, Schedule Ex.R-4, pamphlet Ex.R-5, wherein different conditions have been mentioned and discharge summary Ex.R-6.
8. None appeared on behalf of the respondent-complainant. We have considered the averments in the complaint and the stand taken before the District Forum.
9. We have given thoughtful consideration to the argument raised by the learned counsel for the appellants and have perused the record.
10. The claim of the respondent complainant has been repudiated on the ground that he did not disclose correct facts relating to his pre-existing illness. The age of the life assured i.e. complainant was 29 ½ years (12.12.1981) at the time of purchase of the insurance policy known as "Family Health Optima Insurance Policy'. The claim of the complainant has been repudiated, vide exhibit R-1 dated 01/05/2012 observing: " our medical team has observed from ECHO and discharge summary "operative findings, the insured patient is a case of congenital bicuspid aortic Valve with severe calcified Aortic stenosis, which is of long duration with symptoms (syncope) before the inception of medical insurance policy. At the time of inception of your first policy which is from 27/06/2011 to 20/06/2012, you have not disclosed the above mentioned medical history/health details in the proposal form which amounts to misrepresentation/nondisclosure of material facts. As per condition 7 of the policy issued to you, if there is any misrepresentation/nondisclosure of material facts whether by the insured person or any other person acting on his behalf, the company is not liable to make any payment in respect of any claim."
11. The stand of the complainant is that he suffered this problem for the first time on dated 22/02/2012. There is no previous medical history, so the question of its disclosing does not arise. It is further case of the complainant that only cover note and schedule were supplied to the complainant. Terms and conditions of the policy in question were never supplied and the same never formed part of Contract.
12. In view of the above, below mentioned questions, arise for consideration of this Commission:
A) Whether the complainant has the prior knowledge of the pre-existing disease and thus misrepresented the material facts violating Condition No 7 of the policy? B) Whether the appellant-insurance company has explained and disclosed the terms and conditions of the policy, specifically Condition No. 7 to the complainant?
In Re: Question No.A.
13. The complainant aged about 30 years obtained a "Family Health Optima Insurance Policy" for the entire family which included spouse and minor son. The said policy, Ex.C-2, for a period from 27.06.2011 to 26.06.2012 was purchased through Ms. Rekha Gupta, an agent of the insurance company. Another policy of similar nature was purchased by the complainant for the family from 09/07/2012 to 08/07/2013 through Mr Hitesh Aggrawal. The complainant filed a proposal form and his family underwent necessary medical tests as per the usual practice of the insurance company. The said medical record is available with the insurance company which has not been placed on record. After satisfying the insurable interest of the complainant and his family, the policy in question was issued. The opposite parties have not brought any cogent evidence on record to show that complainant was having prior knowledge of the pre- existing disease. Once the medical examination of the complainant and his family at the instance of insurance company was carried out, then in order to justify the repudiation of insurance claim, onus lies heavily on the opposite parties to establish that insured concealed his medical condition already known to him while filling proposal form before purchasing the insurance policy. The suspicion however strong is not a substitute of the proof. No evidence worth the name has been led by the insurance company in support of its contentions.
14. It is true that insurance contracts are of utmost good faith. It is not only applicable to the complainant, it is reciprocal and applies to Insurance Company also. The company should also explain to the insured person terms and conditions of the policy. The person insured many a times signs on the standard form. The good faith is the foundation of the lasting contract but is not a rule of law by itself nor it is an independent basis for negating the exclusion clause/conditions. It was the duty of the agent of the insurance company to explain the exclusion clause/condition No. 7 to the complainant not to say that he did not expect such a clause in a contract or is the rule rather than exception. In such circumstances we must ascertain whether terms and conditions of the policy are contrary to public policy. The right to life is a fundamental right under Article 21 of the Constitution of India, compelling the complainant to waive of this right by incorporating exclusion clause to obtaining medical treatment would be surely contrary to the public policy. The exclusion clauses/conditions in policy infringe Article 21 of the Constitution of India which give constitutional rights to life, therefore, are contrary to public policy. Section 2 of the Consumer Protection Act, 1986 defines various terms. Section 2 (r) of the said Act defines "unfair trade practice", which reads as under :
"Section 2. Definitions- (1) in this Act unless the context otherwise requires,-
(r) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely;--
(1) the practice of making any statement, whether orally or in writing or by visible representation which,--
(i) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;
(ii) falsely represents that the services are of a particular standard, quality or grade;
(iii) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods;
(iv) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;
(v) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;
(vi) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;
(vii) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof;
Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence;
(viii)makes to the public a representation in a form that purports to be--
(i) a warranty or guarantee of a product or of any goods or services; or
(ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out;
(ix) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;
(x) gives false or misleading facts disparaging the goods, services or trade of another person. Explanation. - For the purposes of clause (1), a statement that is--
(a) expressed on an article offered or displayed for sale, or on its wrapper or container; or
(b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or
(c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained;
(2) permits the publication of any advertisement whether in any newspaper or otherwise, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisement.
Explanation .--For the purpose of clause (2), "bargaining price" means--
(a) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise, or
(b) a price that a person who reads, hears or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold;
(3) permits--
(a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged in the transaction as a whole;
(b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest; (3A) withholding from the participants of any scheme offering gifts, prizes or other items free of charge, on its closure the information about final results of the scheme.
Explanation. -- For the purposes of this sub- clause, the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time, published, prominently in the same newspapers in which the scheme was originally advertised;
(4) permits the sale or supply of goods intended to be used, or are of a kind likely to be used, by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods; (5) permits the hoarding or destruction of goods, or refuses to sell the goods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services.
(6) manufacture of spurious goods or offering such goods for sale or adopts deceptive practices in the provision of services."
The perusal of the above definition of "unfair trade practice"
prohibits unfair, unreasonable or unjust trade practices. The spirit of above definition is that the insurance companies are required to explain certain terms and conditions which appear to be detrimental to the interest of the consumer. The attention of the consumer to such a condition as exclusion clause is required to be brought to its notice. The perusal of the documents exhibit R-3, proposal form and Ex. R3A (Schedule) clearly reveal that there is no exclusion clause No. 7. Both the exhibits have been signed by the complainant. The appellants-opposite parties rely upon Exclusions/condition 7 of Pamphlet (exhibit R5) which states that the company shall not be liable to make any payment under the policy in respect of any claim if such claim is in any manner fraudulent or supported by any fraudulent means or devices, misrepresentation, whether by the insured person(s) or by any other person acting on his behalf. In the said pamphlet, pre-existing disease has been defined as pre-existing disease means of any ailment or injury related condition(s) for which the insured person had signs or symptoms and/or was diagnosed and/or received medical advice/treatment within 48 months prior to insured persons 1st policy with the company.
15. The need for interpreting a contract always arises in two situations, (i) when a gap is needed to be filled in the contract and (ii) an ambiguity is needed to be resolved in the contract, then to find out correct intention of the contract, the doctrine of contra proferentem is generally applied. Normally, the insurance policy is a contract of adhesion in which other party is left with hardly any bargaining power as compared to the insurer. Insurance contracts are standard form contracts and are drafted by the insurance company and as such, insurance company is at higher footing than the insured. The benefit of such clause would go to the insured unless the same is explained in clear terms by the insurer. In such circumstances, the court/tribunal would be more oriented towards the interpretation which goes against the party who has inserted/drafted the disputed clause in the agreement/contract. The adjudicating authority is required to look into whether the intention of the party is to exclude or limit liability has been appropriately explained to the other party or not. This Commission while interpreting insurance agreement is to honour the intention of the parties who have signed the agreement. Even if the agreement had general exclusion/condition for misrepresentation still fraudulent misrepresentation and non-disclosure may not be there. The innocent and negligent misrepresentations are to be ignored.
16. In the present case, the proposal forms and other documents (Exs.R-3, R-3/A and R/4) have been signed by the complainant. No condition No.7 is mentioned therein. Even in the schedule, Ex.R-4, no signature of complainant has been obtained. Ex.R-5, the pamphlet in which definitions, exclusions and conditions which are sought to be read as a part of the proposal form has not been got signed from the complainant, meaning thereby exclusion or limiting a party's liability have not been explained to the complainant. Insurance Company cannot take the benefit of Ex.R-5 wherein exclusions/conditions have been incorporated. Insurance Company failed to show that exclusions/conditions were explained to the insured and must bear the risk of lack of clarity and explanation having not been given to the complainant. Admittedly, the policy was purchased through an insurance agent Ms. Rekha Gupta, but her affidavit has not been annexed to show that she has explained all the terms and conditions of the policy to the complainant-insured person. When Insurance Company was getting signatures of insured on various documents, it must have obtained his signatures on the pamphlet Ex.R-5 on which Insurance Company relies. In any circumstances, the insurance company has failed to explain that exclusions/conditions were explained to the complainant. Accordingly, these cannot be used to the disadvantage of the complainant.
17. Pre-existing disease has been defined in Ex.R-5. In the said pamphlet, pre-existing disease has been defined as pre-existing disease means of any ailment or injury related condition(s) for which the insured person had signs or symptoms and/or was diagnosed and/or received medical advice/treatment within 48 months prior to insured persons 1st policy with the company. The first policy (Ex.R-3) was purchased on 27.06.2011, meaning thereby that the insured should not have received medical advice/treatment within 48 months prior to insured person's first policy with the company. The onus to prove that the insured had taken medical treatment during this period was on the insurance company, but no cogent evidence has been brought on record to prove that the insured has taken any such medical advice or treatment during this period or was having knowledge of the symptoms of such disease. The reliance has only been placed upon discharge summary wherein the history is written. This fact cannot be lost sight that complainant was only 30 years old and a young man has taken policy for the entire family. He categorically stated that he came to know of the problem for the first time on 22.02.2012. This assertion has not been rebutted by the appellants by leading cogent and reliable evidence on record. It is common knowledge that the doctor while diagnosing a disease which is of severe nature mentions it as a known case of particular type of disease. To substantiate such averment, a categorical evidence of medical expert is necessary which may affirm that such symptoms must have continuously earlier. The medical literature reveals that many diseases remain lurking in the life a person for decades and spring up in life all of sudden. The dormant period of many heart ailments varies from years to decades. A person of young age if had been suffering from the disease as mentioned in the present case would not have waited for insurance. His first anxiety would be to seek medical advice from a competent doctor. Moreover, as per the Policy, the sum assured is only of Rs.2 lakhs and the expenses are more than that. If the insured would have prior knowledge of this disease, he must have obtained insurance policy for much higher value. Reference in this regard may be made to the judgment of the Hon'ble Supreme Court reported in IV(2011) CPJ 6 (SC) (P. VANKAT NAIDU v. LIFE INSURANCE CORPORATION OF INDIA & ANR.) in which in paras 6 and 7 it has been held as under:-
6. We have heard learned counsel for the parties and carefully perused the record. In our view, the finding recorded by the District Forum and the State Commission that the respondents had failed to prove that the deceased has suppressed information relating to his illness was based on correct appreciation of the oral and documentary evidence produced by the parties and the National Commission committed serious illegality by upsetting the said findings on a wholly unfounded assumption that the deceased has suppressed information relating to hospitalization and treatment.
7. Since the respondents had come out with the case that the deceased did not disclose correct facts relating to his illness, it was for them to produce cogent evidence to prove the allegation. However, as found by the District Forum and the State Commission, the respondents did not produce any tangible evidence to prove that the deceased had withheld information about his hospitalization and treatment. Therefore, the National Commission was not justified in interfering with the concurrent finding recorded by the District Forum and the State Commission by making a wild guesswork that the deceased had suppressed the facts relating to his illness."
18. Section 19 of the General Insurance Business Nationalization Act,1972 states that it shall be the duty of every Insurance Company to carry on general insurance business so as to develop it to the best advantage of the community. The denial of medical expenses reimbursement is utterly arbitrary on the ground that disease in question was pre-existing disease. It is mere an excuse to escape liability and is not bona fide intention of the insurance company. Fairness and non-arbitrariness are considered as two immutable pillars supporting the equity principle, an unshakable threshold of State and public behavior. Any policy in the realm of insurance company should be informed, fair and non-arbitrary. When the insurance policy has exclusions/conditions to repudiate the claim or limit the liability, the same must be specifically brought to the notice of the insured and are required to be got signed to show that such exclusions and conditions have been brought to his/her notice.
19. In view of the above discussion, we do not find any merit in the present appeal and the same is dismissed.
20. The sum of Rs.25,000/- deposited at the time of filing of the appeal along with interest which has accrued thereon, if any, shall be remitted by the registry to the respondent/complainant by way of a crossed cheque/demand draft after the expiry of 45 days of the sending of certified copy of the order to them.
21. The appeal could not be decided within the statutory period due to heavy pendency of court cases.
(JUSTICE PARAMJEET SINGH DHALIWAL) PRESIDENT (HARCHARAN SINGH GURAM) MEMBER March 16, 2017 Bansal
Baba Ramdev promoted Patanjali Ayurveda's five production units will have to cough up a fine worth R s. 11 lakh
Baba Ramdev promoted Patanjali Ayurveda's five production units will have to cough up a fine worth R
s. 11 lakh for "misbranding and putting up misleading advertisements" of their products, a court in Uttarakhand's Haridwar has ruled. Patanjali has been asked to pay the fine within a month.
A case had been filed in the court against the company in 2012 by the District Food Safety Department after samples of mustard oil, salt, pineapple jam, besan and honey produced by Patanjali Ayurveda had failed quality tests at Rudrapur laboratory.
The products were found to be in violation of sections 52-53 of Food Security norms and section 23.1 (5) of Food safety and Standard (packaging and labelling) regulation.
Earlier this year in July, advertising watchdog Advertising Standards Council of India or ASCI had once again pulled up Patanjali for running "misleading" ad campaigns which disparage competitors' products.
The Consumer Complaints Council or CCC had found that Patanjali's claim for its 'Kachi Ghani Mustard Oil' that rival makers are selling mustard oil "adulterated with oil made by solvent extraction process with neurotoxin containing Hexane", was not substantiated.
Patanjali had also failed to substantiate its claims for Patanjali Fruit Juice, where it had claimed rival brands as "expensive juices containing less pulp".
70COMMENTS
Similarly, it also failed to substantiate its claims in the ad for cattle feed 'Patanjali Dugdhamrut' as "other companies mix 3 to 4 per cent urea and other non-edible things in their cattle feed."In May this year, ASCI had rapped Patanjali Ayurveda for "false and misleading" claims in its various advertisements, including its hair oil and washing powder brands, while issuing list for month of March.
misleading or false AD
HEALTH AND PERSONAL CARE:
The CCC found the following claims in 73 health and personal care product or service advertisements of 71 advertisers to be either misleading or false or not adequately/scientifically substantiated and hence violating ASCI’s Code. Some of the health care products or services advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints against the following advertisements were UPHELD.
1. Mastan Not Out Herbal Capsule: This advertisement claims guaranteed treatment for sexual problems like STDs, premature ejaculation, night fall, impotency and low sperm count. They further claim that at the age 18 or 80 the capsule makes the body energetic by giving complete satisfaction and energy which is being praised by many doctors, vaidyas, hakim and patients.
2. Kamanand Range of Products: The advertisement claims successful treatment of sexual problems like mistakes in childhood, premature ejaculation, small size and thinness in shape of penis, nightfall, semen in urine, impotency and zero sperm count.
3. Endocare Hospital: The advertisement claims Bariatric surgery will cure obesity and diabetes which was not clinically substantiated.
4. Fizikem Laboratories Pvt. Ltd. (Ozomen Spray): The voice over in the advertisement says “Raat bhar masti ke liye” read in conjunction with descriptor on the product pack “More Time”, implies that the product promoted is meant for enhancement of sexual pleasure.
5. Richfeel Health & Beauty Private Ltd: The advertisement claims the brand to be the most trusted Haircare brand which stands unsubstantiated.
6. CordLife Sciences India Pvt Ltd.: The advertisement claims that one’s baby’s umbilical cord can provide protection from over 80 life threatening diseases which implies stem cell therapy for unapproved indications and violated The National Guidelines for Stem Cell Research 2013.
7. Divya Pharmacy(Divya Putrajeevak Beej): The product pack claim implies cure of female infertility and promising a male child which was not substantiated
8. Sun Laboratories Private Limited (Titanic Extra Time Capsules): The advertisement claims that consumption of 1 capsule will work as a power booster for men and provide complete satisfaction. They further claim to be the most powerful capsule, an ayurvedic medicine having no any side effects.
9. Repl India (Repl Range of Product): The advertisement claims the product to be a “Super Sonic Capsule” stating the consumption of one capsule will generate the feeling of passion within a person. They further claim “F-18 Capsule for the pep and freshness of women” which was not substantiated.
10. Repl India (Vigoura Hy-Power): The advertisement claims consumption of Vigoura Hy-Power homeopathic medicine enhances capacity of sexual pleasure with no side effects.
11. Bharat Ayurvedic Aushadhalay (Pilo Compound Capsules): The advertisement claims the product to be 100% ayurvedic capsules that help get rid of piles..
12. Shree Phagunam Pharmaceutical (Thampurattys Thankam Hair Oil): The advertisement claims to offer the world’s one and only ayurvedic handmade hair oil formulated without electronic vibration, chemical, colour, perfume and preservatives. It also claims to prevent baldness, premature greying, hair fall and stimulates unbelievable growth of hair.
13. IZDA Healthcare (ISBER Ayurvedic Capsules): The advertisement claims the product to be a rare and effective ayurvedic medicine for controlling sugar for the first time in India after global presence with no side effects and excellent results in 10 days..
14. Herbal Vyogra Capsules: The advertisement of the product claims to improve sexual physical performance with an effective and powerful formula. The advertisement further claims a high quality, beneficial ayurvedic drug for all sexual problems like semen debility, sexual power, time - desire, low sperm count and thinness of penis, night fall, semen disease, under development of organs, etc. They also state “Use it today and get complete benefit”
.
15. Grover Aushadhalaya: The advertisement claims permanent prevention from unwanted hair. They claim a treatment free of laser or machine only by ayurvedic herbs with no side effects. Also, the images showing the before and after the treatment were misleading.
16. Anjali Mukerjee Health Total Pvt. Ltd (Health Total): The advertisement claims easy loss of weight upto 20 kgs by eating anything.
17. Surya Global Hospital: The advertisement on the hospital website carries the name of Dr. Suryakanta Acharya who is no more a part of the hospital, gives false information. Also, the advertisement makes reference to the Doctor’s name without his permission.
18. Dr. Vinay Sarvotham’s Clinic: The advertisement claims “Dr. Vijay Sarvotham is India’s leading Acupressurist and a Cranio Sacral Therapist”, is false and claim of “Dr” for an Acupressure specialist is misleading as claims were not substantiated with evidence of qualification.
19. Dr. Vijay Sarvotham’s Clinic: The advertisement of the clinic claims to have treated the chief minister and the ex-president quoted in the advertisement.
20. Dr. Bhavna Shah’s fitness highway: The advertisement of Dr.Bhavna Shah’s fitness highway claims to reduce thyroid, high BP and diabetes through weight loss.
21. G. S. L. TRUST Cancer Hospital & Research Centre: The advertisement claims that the GSL Trust Cancer Hospital is equipped with a state of the art Cyberknife facility and offers various types of bone marrow transplant services.
22. Sanyasi Ayurveda: The advertisement claims to provide treatment for sexual weakness with the intake of the ayurvedic medicine.
23. Pukhraj Health Care Private Limited (Noni Premium Juice): The advertisement claims that Noni Premium Juice reduces stress and increases immunity power. They further claim that the product is beneficial in problems concerned with joint pain and migraine.
24. Charak Ayurvedic Chikitsalaya: The advertisement claims treatment of piles in just one dose, with effects of the medicine from the very first intake. They further claim successful ayurvedic treatment of arthritis, joint pain, cervical, migraine, paralysis, allergy, psoriasis, white spots, stomach disease, stone, shocks, obesity, blood pressure, premature ejaculation.
25. Razorbill (Spondireliv): The advertisement claims that scientists have found the cure for cervical spondylitis, with the ayurvedic medicine named Asthisambharka that helps to cure bone related problems, has anti-inflammatory qualities, which help relieve neck pain and has Vitamin C in abundant quantity which reduces the swelling of ligament and muscles. The advertisement further claims that it helps in increasing metabolism process and also increases the utilization of minerals such as calcium, sulphur so the cells which form bones (osteoblast cells) start the formation of bones. The advertisement also states that Razorbill has introduced a very useful product named Spondireliv which is enriched with Asthisambharka extracts and more than 2000 patients have used Spondireliv and got amazing results.
26. Dr Khalid Unani Super Speciality Clinic: The advertisement claims permanent treatment of sexual diseases like impotency, premature ejaculation, low sperm count, manly weakness due to sugar.
27. Dr Chetan Clinic: The advertisement claims complete ayurvedic treatment of premature ejaculation, STDs, impotency, male infertility, semen, nightfall and sexual diseases.
28. Cure Spects Laser Limited: The advertisement claims the product to be No.1 in Gujarat for 17 years with thousands of satisfied customers. It also claims that one can get rid of wearing spectacles and lenses without any operation.
29. Hit to stone: The advertisement claims freedom from kidney stones without any operation, relief from pain from the first intake itself and effective for all kinds of kidney and ureteral stones.
30. Alopecia Treatment Center: The advertisement claims cure from all hair problems without any medicine, 100% harmless herbal treatment without any side effects and having done successful treatments worldwide.
31. Makewell Pharmaceutical (Height Speed Capsule): The advertisement claims height growth with speed with four to six inches increase in height in just 90 days. They further claim that the effects are visible in just 21 days with a visible increase of one to two inches in one’s height, full money refund if no benefits, effective till age 34 and also beneficial for children, women and men.
32. Sharangdhar Pharmaceuticals Private Limited (Sharangdhar Pharmas OTC Products): The product claims guaranteed results, panacea “Raambaan” treatment for disorders like uncontrolled blood pressure, tension, diabetes, heart disorders, joint pains, hormonal imbalance, obesity and problems related to eyes.
33. SBS Biotech Ayurvedic Division (Roop Mantra): The advertisement claims that the product is made up of 12 herbs and is an ayurvedic face cream which gives noticeable results in just 21 days.
34. Mirakul Ortho Clinic: The advertisement claims that the treatment by the clinic offers pain relief guarantee, with no need to get admitted or injected and with no side effects. They further offer a full money back guarantee if the treatment doesnot provide relief.
35. Vaidyaban Ayurvedic Remedies (Vaidban Joint Pain Kit): The advertisement of Vaidban Joint Pain Kit claims relief from all joint pain caused due to fracture, stiffness and swelling in glands, clacking voice, pain and gap in the knees due to emptying of grease (lubrication). “The problem of pain in all the joints of the body due to fracture, stiffness and swelling in glands, clacking voice, pain and gap in the knees due to emptying of grease (lubrication) can be permanently stopped with the help of Vaidban Joint Care Kit (Capsule, Pills, Ointment & Oil) without operation”
36. Chemical resources (Furocyst): The advertisement claims 94 percent patients have benefited after using the product, out of which 71 percent of the patients have reported regular menstrual cycle, 36 percent women who have shown complete dissolution of cysts and 46 percent women who have shown reduction in cyst size. The advertisement also claims that the product has no side effects and has a US Patented Ingredient.
37. Nurture Health Care (Bgainer Capsule): The advertisement of Bgainer Capsule claims that The formulated Bgainer capsule is a unique and effective ayurvedic product that helps gaining weight by reducing muscle breakdown and balancing metabolism. The advertisement further claims that its contents are derived from herbs having natural medicinal qualities that endow health quite naturally, which are carefully treated and processed through traditional Ayurvedic formula using latest technology. They also claim that to attain a healthy and a well-proportioned body in few months the capsule will work wonders.
38. Green Coffee Bean Extract: The advertisement claims 100% natural weight loss with no side effects, and it also claims to reduce the obesity in your body and will help reducing weight.
39. Deltas Pharma (Deltas Pancha Tulsi Drops): The advertisement claims that the product is a mixture of five types of basil which help to protect the entire family by improving disease resistance power. The advertisement further claims that it is a secret formula for health and happiness to prevent cough, cold, sneezing, blocked nose, skin diseases, gas troubles, breathing problems.
40. Life Slimming and Cosmetic Clinic: The advertisement claims to help weight reduction of 9.5 kgs. They further claim non – surgical hair replacement.
41. Daiveey Anusandhan Sansthan (Rog MuktJeevan Sugar Control): The advertisement claims “SUGAR CONTROL is the best natural and efficient way of fighting against diabetes”, “SUGAR CONTROL is 100 percent Ayurvedic with no side effects”, “By consuming this product regularly, one can easily get control over diabetes in few days”, “it is made up of special ayurvedic herbs, so, it not only controls diabetes but also cures other diseases”, “SUGAR CONTROL maintains optimum blood sugar level”.
42. UMPL India Private Limited (UMPL Tulsi 5 Plus): The advertisement claims that the product is a natural health guard, made up of five types of tulsi extracts that give strength to fight against obesity, diabetes, allergy, stress and joint pain.
43. Om Sai Ayurveda India: The advertisement claims the company to be an ISO 9001:2008 Certified company which has discovered a rare medicine which keeps your liver healthy and strong so that you get a healthy life. They further claim it makes one’s liver strong with a money back guarantee.
44. SMG Healthcare (SMG Healthcare Range of Products): The advertisement of the product claims sugar control by consuming 10 drops daily which proves to be a sure shot medicine for sugar, with money back guarantee, no side effects, 100% ayurvedic, Natural Boon, Lab tested to ensure quality and claims to bring back one’s power and can be consumed with medicine / insulin. The advertisement further states that with benefits of Sugar Haran it is helpful for the pancreas, heart, eyes, liver, joints pain, stomach problems, infection in anal region, headache, tiredness, weakness, skin disease, sleeplessness, cholesterol, constipation, etc. for diabetes patients. They further claim prevention of piles/bavaseer in just 21 days and cure of bloody warts and chronic piles .
45. Jolly Healthcare (Jolly Fat GO-DS Capsules & Oil): The capsule and oil claims to be a slimming capsule and oil with a new advanced formula with green tea, pineapple and imported tamarind extracts, Garcinia Indica, Cinnamon, Basil, Guggal, Fenugreek, Gul Banafsha, Cyperus scariosus, Triphala, Kulthi, Gudmar, Saunth and Chitraka to stay slim, smart and fit. They further claim that the prodcust are ayurvedic. .
46. Advanced Robotic Hair Transplant: The advertisement of Advanced Robotic Hair Transplant claims the company to be a Time Award Winning Company -With its LONDON based ARHT Range of Hair Transplants which are by far the best treatment options available for balding people worldwide. They further claim “Over 15000 successful hair transplants”, “Awards & Accreditation's - Best Hair Transplant Organization - INDIA 2013 (PRIME TIME) - Most technical advanced hair transplant organization in INDIA 2014 (IAESP) - Fastest growing hair transplant organization in INDIA 2014 (PRIME TIME) - Global Healthcare Excellence Award 2013 - Medico Pride Award 2014”, “Doctor’s Recognized By: ISHRS, AFUES, AHRS-INDIA, American Academy of Aesthetic Medicine, International Academy of Physician’s For Aesthetic Medicine, American Academy for Anti-Ageing Medicine” which stand unsubstantiated.
47. Dr Mansha Dispensary: The advertisement of Dr. Mansha Dispensary claims guaranteed successful treatment of sexual problems like premature ejaculation, impotency, infertility, low sperm count and weakness due to sugar, with a new advanced technology in a few days and at a low cost. The advertisement also claims “Meet Dr Mansha soon for effective treatment relating to sexual problems”.
48. Rajvansh Clinic: The advertisement of Rajvansh Clinic claims successful treatment of infertility, premature ejaculation, night fall, impotency, weakness with increasing age, etc. in 15 to 20 days.
49. Salvia Cosmeceuticals Private Limited (Melt-It Range of Products): The product claims to visibly reduce flab and tone the skin within a few weeks, and help reducing weight and unwanted fat.
50. Jivo Wellness Pvt. Ltd (Jivo Canola): The advertisement claims that Canola Oil can prevent diabetes and heart diseases and that it can reduce the risk of heart disease and diabetes.
Complaints against advertisements showcasing stem cell therapies that are being investigated and experimented upon, hence NAC-SCRT has banned advertising stem cell based therapies other than hematopoietic stem cell transplantation for hematological disorders on web-sites. Such advertisements demonstrate misleading facts and experimental status of particular indication of stem cell technology. Thus the CCC concluded that the contents of the following Websites implying stem cell therapy for unapproved indications in India and violating The National Guidelines for Stem Cell Research 2013 were in breach of the law and contravened Chapter III.4 of the ASCI Code and were UPHELD:
We Care Health Service, Stem Cell Cure (P) Ltd, Unistem Biosciences, Moolchand Medicity, Stem Rx Bio Science Solutions, Stemade Biotech Pvt. Ltd, Dr. Rajput's Orthopaedic & Stem Cell Research Center, Dr. Ameet Pisapati Clinic, Neurogen Brain And Spine Institute, Stemcure Pvt Ltd., International Stem Cell Services, Inamdar Multispeciality Hospital, Chaitanya Stem Cell Centre, Noble Hospital, Giostar, K. G Hospital, Saviour Hospital, Safemedtrip Consultants Pvt. Ltd, We Care India, Indiacarez, Reelabs Pvt Ltd., KMC Speciality Hospital and Placidway.
EDUCATION:
The CCC found following claims in the advertisements by 29 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.
1. Patel Classes: The advertisement claims 100% assured placement and 100% guarantee of fee refund.
2. Institute of management studies (IMS), Ghaziabad: The advertisement claims “240% Placements of PGDM (2012-14) Batch”.
3. IMS learning resources: The advertisement claims to provide “100% Money Back Guarantee*”
.
4. Triumphant Institute of Management Education P. Ltd (TIME): The advertisement claims, “TIME students bag 523 PSU Bank allotments in IBPS PO/Clerk CWEs 2013”, “1098 TIME students qualify in RRB CWEs 2013” and “186 TIME students selected as Clerks in SBI/SBI Asso. Banks in 2011/12”.
5. Institute of Finance Banking & Insurance (IFBI): The advertisement claims to offer senior positions in leading banks, offer letter on selection and 100% assured job on enrolment.
6. Bennett Coleman & Co Ltd: The advertisement claims, “Begin your banking career at an annual salary of up to Rs. 3.5 lakhs” and “so far, TIMESPRO students have been placed at India’s leading banks like Ing Vysya Bank, Indusind Bank, Kotak Bank, Yes Bank and many more”.
Complaints against advertisements of all educational institutes listed below mostly are UPHELD because of unsubstantiated claims that they ‘provide 100% placement/AND/OR they claim to be the No.1 in their respective fields’.
RTTI, Pai classes, Shyamli institute of hotel management, Vani institute, Indiacan Education Pvt. Ltd. (Eten CA), Unique IAS study circle, HCS Institute, NIFS (Institute of Fire Engineering & Safety Management), Siddhartha Mining Sirdar and Surveyor Training Institute, Swan Webs, AIM Institute of University Studies, Anjana Institute of Technical Education, Bhagat Singh Coaching Centre, Central Board of Irrigation & Power, Institute for Financial Management and Research (IFMR), National Institute of Securities Markets (Kotak Securities), Omniscient IAS Academy, Prolific Digital Creations, Sea Hawk Maritime Studies Private Limited, SRP Polytechnic College of IT & Management, Singapore International Preparatory School, BDJS Scribe and Sachdeva College.
E- COMMERCE & TELESHOPPING
1. Trendsutra Platform Services Pvt. Ltd. (Pepperfry.com): The terms in the advertisement mentions “return this item within 30 days from the date of invoice”, is false, and misleading by distortion of facts.
2. TV Shoppee (Win Diabonil): The advertorial of “Win Diabonil” claims that the product is an efficient and herbal way to control diabetes without having any side effects and that the product has been made by efficient ayurvedic procedure and balanced quality of various rare herbs like; Jamun seeds, Neem, Karela, Amla, Shilajeet, choti papal and black pepper. They further claim that the product not only alleviates diabetes, but also normalizes other health problems, 100 percent ayurvedic with no side effects. They also claim that it isthe best way to cure diabetes within a limited period of time and is completely capable of maintaining sugar level and preventing diabetes.
3. Teleshopping Brands (Mood on Forever): The advertisement claims that the product enhances sexual power in men. The advertorial claims that ‘Mood on Forever’ formula is made of ayurvedic ingredients through a natural process which helps to ameliorate any kind of sexual problem in a natural way and will help the users to get tension free happy sexual life. The advertorial states that regular use of the product can help people in increasing their stamina and can bring positive changes in their sex life. They further state that it is a one month’s course which can bring expected results.
4. Sat Kartar Shopping P. Ltd. (Dr. Slim Trim): The advertisement claims that the product is a natural and safe way to reduce weight. They also claim that the product is a combination of two types of powders - Slim and Trim powder and Slim Trim revitalizers which are 100% natural and Ayurvedic, with no side effects to cure people suffering from obesity.
5. Skyshoping Ltd (Bye Bye Piles): The advertisement claims that Bye Bye Piles is a 100 percent natural product that gives guaranteed results. They also claim that the product is the only permanent solution for piles and a person suffering with piles needs to take just one spoon of Bye Bye Piles powder along with water early in the morning. The advertisement states that after using the product for seven days continuously, bleeding and pain would stop and the person would get a permanent relief from piles. They further states that the product costs Rs. 3400, is the best way to cure piles.
The CCC found the following claims in 73 health and personal care product or service advertisements of 71 advertisers to be either misleading or false or not adequately/scientifically substantiated and hence violating ASCI’s Code. Some of the health care products or services advertisements also contravened provisions of the Drug & Magic Remedies Act and Chapter 1.1 and III.4 of the ASCI Code. Complaints against the following advertisements were UPHELD.
1. Mastan Not Out Herbal Capsule: This advertisement claims guaranteed treatment for sexual problems like STDs, premature ejaculation, night fall, impotency and low sperm count. They further claim that at the age 18 or 80 the capsule makes the body energetic by giving complete satisfaction and energy which is being praised by many doctors, vaidyas, hakim and patients.
2. Kamanand Range of Products: The advertisement claims successful treatment of sexual problems like mistakes in childhood, premature ejaculation, small size and thinness in shape of penis, nightfall, semen in urine, impotency and zero sperm count.
3. Endocare Hospital: The advertisement claims Bariatric surgery will cure obesity and diabetes which was not clinically substantiated.
4. Fizikem Laboratories Pvt. Ltd. (Ozomen Spray): The voice over in the advertisement says “Raat bhar masti ke liye” read in conjunction with descriptor on the product pack “More Time”, implies that the product promoted is meant for enhancement of sexual pleasure.
5. Richfeel Health & Beauty Private Ltd: The advertisement claims the brand to be the most trusted Haircare brand which stands unsubstantiated.
6. CordLife Sciences India Pvt Ltd.: The advertisement claims that one’s baby’s umbilical cord can provide protection from over 80 life threatening diseases which implies stem cell therapy for unapproved indications and violated The National Guidelines for Stem Cell Research 2013.
7. Divya Pharmacy(Divya Putrajeevak Beej): The product pack claim implies cure of female infertility and promising a male child which was not substantiated
8. Sun Laboratories Private Limited (Titanic Extra Time Capsules): The advertisement claims that consumption of 1 capsule will work as a power booster for men and provide complete satisfaction. They further claim to be the most powerful capsule, an ayurvedic medicine having no any side effects.
9. Repl India (Repl Range of Product): The advertisement claims the product to be a “Super Sonic Capsule” stating the consumption of one capsule will generate the feeling of passion within a person. They further claim “F-18 Capsule for the pep and freshness of women” which was not substantiated.
10. Repl India (Vigoura Hy-Power): The advertisement claims consumption of Vigoura Hy-Power homeopathic medicine enhances capacity of sexual pleasure with no side effects.
11. Bharat Ayurvedic Aushadhalay (Pilo Compound Capsules): The advertisement claims the product to be 100% ayurvedic capsules that help get rid of piles..
12. Shree Phagunam Pharmaceutical (Thampurattys Thankam Hair Oil): The advertisement claims to offer the world’s one and only ayurvedic handmade hair oil formulated without electronic vibration, chemical, colour, perfume and preservatives. It also claims to prevent baldness, premature greying, hair fall and stimulates unbelievable growth of hair.
13. IZDA Healthcare (ISBER Ayurvedic Capsules): The advertisement claims the product to be a rare and effective ayurvedic medicine for controlling sugar for the first time in India after global presence with no side effects and excellent results in 10 days..
14. Herbal Vyogra Capsules: The advertisement of the product claims to improve sexual physical performance with an effective and powerful formula. The advertisement further claims a high quality, beneficial ayurvedic drug for all sexual problems like semen debility, sexual power, time - desire, low sperm count and thinness of penis, night fall, semen disease, under development of organs, etc. They also state “Use it today and get complete benefit”
.
15. Grover Aushadhalaya: The advertisement claims permanent prevention from unwanted hair. They claim a treatment free of laser or machine only by ayurvedic herbs with no side effects. Also, the images showing the before and after the treatment were misleading.
16. Anjali Mukerjee Health Total Pvt. Ltd (Health Total): The advertisement claims easy loss of weight upto 20 kgs by eating anything.
17. Surya Global Hospital: The advertisement on the hospital website carries the name of Dr. Suryakanta Acharya who is no more a part of the hospital, gives false information. Also, the advertisement makes reference to the Doctor’s name without his permission.
18. Dr. Vinay Sarvotham’s Clinic: The advertisement claims “Dr. Vijay Sarvotham is India’s leading Acupressurist and a Cranio Sacral Therapist”, is false and claim of “Dr” for an Acupressure specialist is misleading as claims were not substantiated with evidence of qualification.
19. Dr. Vijay Sarvotham’s Clinic: The advertisement of the clinic claims to have treated the chief minister and the ex-president quoted in the advertisement.
20. Dr. Bhavna Shah’s fitness highway: The advertisement of Dr.Bhavna Shah’s fitness highway claims to reduce thyroid, high BP and diabetes through weight loss.
21. G. S. L. TRUST Cancer Hospital & Research Centre: The advertisement claims that the GSL Trust Cancer Hospital is equipped with a state of the art Cyberknife facility and offers various types of bone marrow transplant services.
22. Sanyasi Ayurveda: The advertisement claims to provide treatment for sexual weakness with the intake of the ayurvedic medicine.
23. Pukhraj Health Care Private Limited (Noni Premium Juice): The advertisement claims that Noni Premium Juice reduces stress and increases immunity power. They further claim that the product is beneficial in problems concerned with joint pain and migraine.
24. Charak Ayurvedic Chikitsalaya: The advertisement claims treatment of piles in just one dose, with effects of the medicine from the very first intake. They further claim successful ayurvedic treatment of arthritis, joint pain, cervical, migraine, paralysis, allergy, psoriasis, white spots, stomach disease, stone, shocks, obesity, blood pressure, premature ejaculation.
25. Razorbill (Spondireliv): The advertisement claims that scientists have found the cure for cervical spondylitis, with the ayurvedic medicine named Asthisambharka that helps to cure bone related problems, has anti-inflammatory qualities, which help relieve neck pain and has Vitamin C in abundant quantity which reduces the swelling of ligament and muscles. The advertisement further claims that it helps in increasing metabolism process and also increases the utilization of minerals such as calcium, sulphur so the cells which form bones (osteoblast cells) start the formation of bones. The advertisement also states that Razorbill has introduced a very useful product named Spondireliv which is enriched with Asthisambharka extracts and more than 2000 patients have used Spondireliv and got amazing results.
26. Dr Khalid Unani Super Speciality Clinic: The advertisement claims permanent treatment of sexual diseases like impotency, premature ejaculation, low sperm count, manly weakness due to sugar.
27. Dr Chetan Clinic: The advertisement claims complete ayurvedic treatment of premature ejaculation, STDs, impotency, male infertility, semen, nightfall and sexual diseases.
28. Cure Spects Laser Limited: The advertisement claims the product to be No.1 in Gujarat for 17 years with thousands of satisfied customers. It also claims that one can get rid of wearing spectacles and lenses without any operation.
29. Hit to stone: The advertisement claims freedom from kidney stones without any operation, relief from pain from the first intake itself and effective for all kinds of kidney and ureteral stones.
30. Alopecia Treatment Center: The advertisement claims cure from all hair problems without any medicine, 100% harmless herbal treatment without any side effects and having done successful treatments worldwide.
31. Makewell Pharmaceutical (Height Speed Capsule): The advertisement claims height growth with speed with four to six inches increase in height in just 90 days. They further claim that the effects are visible in just 21 days with a visible increase of one to two inches in one’s height, full money refund if no benefits, effective till age 34 and also beneficial for children, women and men.
32. Sharangdhar Pharmaceuticals Private Limited (Sharangdhar Pharmas OTC Products): The product claims guaranteed results, panacea “Raambaan” treatment for disorders like uncontrolled blood pressure, tension, diabetes, heart disorders, joint pains, hormonal imbalance, obesity and problems related to eyes.
33. SBS Biotech Ayurvedic Division (Roop Mantra): The advertisement claims that the product is made up of 12 herbs and is an ayurvedic face cream which gives noticeable results in just 21 days.
34. Mirakul Ortho Clinic: The advertisement claims that the treatment by the clinic offers pain relief guarantee, with no need to get admitted or injected and with no side effects. They further offer a full money back guarantee if the treatment doesnot provide relief.
35. Vaidyaban Ayurvedic Remedies (Vaidban Joint Pain Kit): The advertisement of Vaidban Joint Pain Kit claims relief from all joint pain caused due to fracture, stiffness and swelling in glands, clacking voice, pain and gap in the knees due to emptying of grease (lubrication). “The problem of pain in all the joints of the body due to fracture, stiffness and swelling in glands, clacking voice, pain and gap in the knees due to emptying of grease (lubrication) can be permanently stopped with the help of Vaidban Joint Care Kit (Capsule, Pills, Ointment & Oil) without operation”
36. Chemical resources (Furocyst): The advertisement claims 94 percent patients have benefited after using the product, out of which 71 percent of the patients have reported regular menstrual cycle, 36 percent women who have shown complete dissolution of cysts and 46 percent women who have shown reduction in cyst size. The advertisement also claims that the product has no side effects and has a US Patented Ingredient.
37. Nurture Health Care (Bgainer Capsule): The advertisement of Bgainer Capsule claims that The formulated Bgainer capsule is a unique and effective ayurvedic product that helps gaining weight by reducing muscle breakdown and balancing metabolism. The advertisement further claims that its contents are derived from herbs having natural medicinal qualities that endow health quite naturally, which are carefully treated and processed through traditional Ayurvedic formula using latest technology. They also claim that to attain a healthy and a well-proportioned body in few months the capsule will work wonders.
38. Green Coffee Bean Extract: The advertisement claims 100% natural weight loss with no side effects, and it also claims to reduce the obesity in your body and will help reducing weight.
39. Deltas Pharma (Deltas Pancha Tulsi Drops): The advertisement claims that the product is a mixture of five types of basil which help to protect the entire family by improving disease resistance power. The advertisement further claims that it is a secret formula for health and happiness to prevent cough, cold, sneezing, blocked nose, skin diseases, gas troubles, breathing problems.
40. Life Slimming and Cosmetic Clinic: The advertisement claims to help weight reduction of 9.5 kgs. They further claim non – surgical hair replacement.
41. Daiveey Anusandhan Sansthan (Rog MuktJeevan Sugar Control): The advertisement claims “SUGAR CONTROL is the best natural and efficient way of fighting against diabetes”, “SUGAR CONTROL is 100 percent Ayurvedic with no side effects”, “By consuming this product regularly, one can easily get control over diabetes in few days”, “it is made up of special ayurvedic herbs, so, it not only controls diabetes but also cures other diseases”, “SUGAR CONTROL maintains optimum blood sugar level”.
42. UMPL India Private Limited (UMPL Tulsi 5 Plus): The advertisement claims that the product is a natural health guard, made up of five types of tulsi extracts that give strength to fight against obesity, diabetes, allergy, stress and joint pain.
43. Om Sai Ayurveda India: The advertisement claims the company to be an ISO 9001:2008 Certified company which has discovered a rare medicine which keeps your liver healthy and strong so that you get a healthy life. They further claim it makes one’s liver strong with a money back guarantee.
44. SMG Healthcare (SMG Healthcare Range of Products): The advertisement of the product claims sugar control by consuming 10 drops daily which proves to be a sure shot medicine for sugar, with money back guarantee, no side effects, 100% ayurvedic, Natural Boon, Lab tested to ensure quality and claims to bring back one’s power and can be consumed with medicine / insulin. The advertisement further states that with benefits of Sugar Haran it is helpful for the pancreas, heart, eyes, liver, joints pain, stomach problems, infection in anal region, headache, tiredness, weakness, skin disease, sleeplessness, cholesterol, constipation, etc. for diabetes patients. They further claim prevention of piles/bavaseer in just 21 days and cure of bloody warts and chronic piles .
45. Jolly Healthcare (Jolly Fat GO-DS Capsules & Oil): The capsule and oil claims to be a slimming capsule and oil with a new advanced formula with green tea, pineapple and imported tamarind extracts, Garcinia Indica, Cinnamon, Basil, Guggal, Fenugreek, Gul Banafsha, Cyperus scariosus, Triphala, Kulthi, Gudmar, Saunth and Chitraka to stay slim, smart and fit. They further claim that the prodcust are ayurvedic. .
46. Advanced Robotic Hair Transplant: The advertisement of Advanced Robotic Hair Transplant claims the company to be a Time Award Winning Company -With its LONDON based ARHT Range of Hair Transplants which are by far the best treatment options available for balding people worldwide. They further claim “Over 15000 successful hair transplants”, “Awards & Accreditation's - Best Hair Transplant Organization - INDIA 2013 (PRIME TIME) - Most technical advanced hair transplant organization in INDIA 2014 (IAESP) - Fastest growing hair transplant organization in INDIA 2014 (PRIME TIME) - Global Healthcare Excellence Award 2013 - Medico Pride Award 2014”, “Doctor’s Recognized By: ISHRS, AFUES, AHRS-INDIA, American Academy of Aesthetic Medicine, International Academy of Physician’s For Aesthetic Medicine, American Academy for Anti-Ageing Medicine” which stand unsubstantiated.
47. Dr Mansha Dispensary: The advertisement of Dr. Mansha Dispensary claims guaranteed successful treatment of sexual problems like premature ejaculation, impotency, infertility, low sperm count and weakness due to sugar, with a new advanced technology in a few days and at a low cost. The advertisement also claims “Meet Dr Mansha soon for effective treatment relating to sexual problems”.
48. Rajvansh Clinic: The advertisement of Rajvansh Clinic claims successful treatment of infertility, premature ejaculation, night fall, impotency, weakness with increasing age, etc. in 15 to 20 days.
49. Salvia Cosmeceuticals Private Limited (Melt-It Range of Products): The product claims to visibly reduce flab and tone the skin within a few weeks, and help reducing weight and unwanted fat.
50. Jivo Wellness Pvt. Ltd (Jivo Canola): The advertisement claims that Canola Oil can prevent diabetes and heart diseases and that it can reduce the risk of heart disease and diabetes.
Complaints against advertisements showcasing stem cell therapies that are being investigated and experimented upon, hence NAC-SCRT has banned advertising stem cell based therapies other than hematopoietic stem cell transplantation for hematological disorders on web-sites. Such advertisements demonstrate misleading facts and experimental status of particular indication of stem cell technology. Thus the CCC concluded that the contents of the following Websites implying stem cell therapy for unapproved indications in India and violating The National Guidelines for Stem Cell Research 2013 were in breach of the law and contravened Chapter III.4 of the ASCI Code and were UPHELD:
We Care Health Service, Stem Cell Cure (P) Ltd, Unistem Biosciences, Moolchand Medicity, Stem Rx Bio Science Solutions, Stemade Biotech Pvt. Ltd, Dr. Rajput's Orthopaedic & Stem Cell Research Center, Dr. Ameet Pisapati Clinic, Neurogen Brain And Spine Institute, Stemcure Pvt Ltd., International Stem Cell Services, Inamdar Multispeciality Hospital, Chaitanya Stem Cell Centre, Noble Hospital, Giostar, K. G Hospital, Saviour Hospital, Safemedtrip Consultants Pvt. Ltd, We Care India, Indiacarez, Reelabs Pvt Ltd., KMC Speciality Hospital and Placidway.
EDUCATION:
The CCC found following claims in the advertisements by 29 different advertisers were not substantiated and, thus, violated ASCI Guidelines for Advertising of Educational Institutions. Hence complaints against these advertisements were UPHELD.
1. Patel Classes: The advertisement claims 100% assured placement and 100% guarantee of fee refund.
2. Institute of management studies (IMS), Ghaziabad: The advertisement claims “240% Placements of PGDM (2012-14) Batch”.
3. IMS learning resources: The advertisement claims to provide “100% Money Back Guarantee*”
.
4. Triumphant Institute of Management Education P. Ltd (TIME): The advertisement claims, “TIME students bag 523 PSU Bank allotments in IBPS PO/Clerk CWEs 2013”, “1098 TIME students qualify in RRB CWEs 2013” and “186 TIME students selected as Clerks in SBI/SBI Asso. Banks in 2011/12”.
5. Institute of Finance Banking & Insurance (IFBI): The advertisement claims to offer senior positions in leading banks, offer letter on selection and 100% assured job on enrolment.
6. Bennett Coleman & Co Ltd: The advertisement claims, “Begin your banking career at an annual salary of up to Rs. 3.5 lakhs” and “so far, TIMESPRO students have been placed at India’s leading banks like Ing Vysya Bank, Indusind Bank, Kotak Bank, Yes Bank and many more”.
Complaints against advertisements of all educational institutes listed below mostly are UPHELD because of unsubstantiated claims that they ‘provide 100% placement/AND/OR they claim to be the No.1 in their respective fields’.
RTTI, Pai classes, Shyamli institute of hotel management, Vani institute, Indiacan Education Pvt. Ltd. (Eten CA), Unique IAS study circle, HCS Institute, NIFS (Institute of Fire Engineering & Safety Management), Siddhartha Mining Sirdar and Surveyor Training Institute, Swan Webs, AIM Institute of University Studies, Anjana Institute of Technical Education, Bhagat Singh Coaching Centre, Central Board of Irrigation & Power, Institute for Financial Management and Research (IFMR), National Institute of Securities Markets (Kotak Securities), Omniscient IAS Academy, Prolific Digital Creations, Sea Hawk Maritime Studies Private Limited, SRP Polytechnic College of IT & Management, Singapore International Preparatory School, BDJS Scribe and Sachdeva College.
E- COMMERCE & TELESHOPPING
1. Trendsutra Platform Services Pvt. Ltd. (Pepperfry.com): The terms in the advertisement mentions “return this item within 30 days from the date of invoice”, is false, and misleading by distortion of facts.
2. TV Shoppee (Win Diabonil): The advertorial of “Win Diabonil” claims that the product is an efficient and herbal way to control diabetes without having any side effects and that the product has been made by efficient ayurvedic procedure and balanced quality of various rare herbs like; Jamun seeds, Neem, Karela, Amla, Shilajeet, choti papal and black pepper. They further claim that the product not only alleviates diabetes, but also normalizes other health problems, 100 percent ayurvedic with no side effects. They also claim that it isthe best way to cure diabetes within a limited period of time and is completely capable of maintaining sugar level and preventing diabetes.
3. Teleshopping Brands (Mood on Forever): The advertisement claims that the product enhances sexual power in men. The advertorial claims that ‘Mood on Forever’ formula is made of ayurvedic ingredients through a natural process which helps to ameliorate any kind of sexual problem in a natural way and will help the users to get tension free happy sexual life. The advertorial states that regular use of the product can help people in increasing their stamina and can bring positive changes in their sex life. They further state that it is a one month’s course which can bring expected results.
4. Sat Kartar Shopping P. Ltd. (Dr. Slim Trim): The advertisement claims that the product is a natural and safe way to reduce weight. They also claim that the product is a combination of two types of powders - Slim and Trim powder and Slim Trim revitalizers which are 100% natural and Ayurvedic, with no side effects to cure people suffering from obesity.
5. Skyshoping Ltd (Bye Bye Piles): The advertisement claims that Bye Bye Piles is a 100 percent natural product that gives guaranteed results. They also claim that the product is the only permanent solution for piles and a person suffering with piles needs to take just one spoon of Bye Bye Piles powder along with water early in the morning. The advertisement states that after using the product for seven days continuously, bleeding and pain would stop and the person would get a permanent relief from piles. They further states that the product costs Rs. 3400, is the best way to cure piles.
6. Skyshoping Ltd (Diabo Sudha): The advertisement claims Diabo Sudha is an efficient and herbal way to regulate diabetes without having any side effects. The Acharya in the advertorial states that the “Jeevankalp Ayurved Sansthan” has invented the medicine after a long research for the treatment of diabetes. They further claim that it is an amalgamation of various rare and valuable herbs and is formulated by Jeevankalp Ayurved Sansthan under their Diabetes Mukt Abhiyan. They also state that it comes in a powder form which is 100 percent capable to fight against diabetes and 100 percent ayurvedic with no side effects.
OTHERS
1. Idea Cellular Ltd.: The advertisement of Idea Cellular shows the practice in Haryana of girls not being allowed to step out of homes to study, is defaming Haryana and tends to bring this State into disrepute. Also, the TVC is misleading by implication as the product/service promoted (Idea Internet Network) is shown as a substitute to and equating to college education.
2. Relaxo Footwears Limited (Sparx): The advertisement with the visual of “Akshay Kumar running adjacent to a railway track, with a steam engine approaching alongside”, shows a dangerous practice without justifiable reason.
3. Heinz India P. Ltd (Glucon D – Volt): The visual of the advertisement shows “Kids flipping the Glucon-D Volt tablet into the air and catching in the mouth directly”, which is seen as a dangerous act and is likely to encourage minors to emulate such act in a manner which could cause harm or injury.
4. Kalyan Jewelers: The TVC states "yeh aap ke gher ki shaadi thodi hi hai" and "jitna dekar woh ladka khush hoga, theek hai" imply jewellery being given to please bridegroom and his family. Thus it is seen that the advertisement is likely to encourage dowry system which is in violation of Cable TV Act’s Advertising Code – 7.1(viii) (“exploits social evils like dowry, child marriage").
5. Moet Hennessy India Private Limited (Glenmorangie): The advertisement carries visuals where alcohol distillation apparatus is shown. The Advertiser did not provide the annual market sales data of the product/service advertised. Thus the advertisement was a surrogate advertisement for the promotion of a liquor product – Glenmorangie Whisky.
6. Ramdhana Group of Company (Tyre Guard): The advertisement claims to provide a guaranteed solution for tyre puncture for a lifetime and to be first of its kind in India to provide a permanent solution
7. Tata Teleservices Ltd (Tata Photon Max Wi-fi Data card): The Tata Photon Max Wi-Fi Data Card advertisement claims to offers an internet speed of upto 9.8 Mbps. In absence of a disclaimer qualifying the conditions under which the claim is tenable, the claim “Tata Photon Max Wi-Fi Data Card - offers an internet speed of upto 9.8 Mbps” was considered to be misleading.
8. Pernod Ricard India Ltd (Blender’s Pride): The Advertiser did not provide the annual market sales data of the product/service advertised. Thus the advertisement was a surrogate advertisement for a promotion of a liquor product – Blender’s Pride.
9. Bharti AXA Life Insurance Company Limited: The advertisement’s claim of “Cost just Rs.12/- per day”, is only applicable for individuals aged less than 35 years. Thus the claim is misleading by ambiguity. Also, the supers in the Hindi TVC were not in the same language as the audio of the TVC, and were not clearly legible.
10. GlaxoSmithKline Consumer Healthcare Ltd (Horlicks): The TVC suggests that consumption of Horlicks can be initiated at the time of exams for better concentration. It is misleading by ambiguity as the product has to be consumed for a considerable period of time to be effective.
11. Zum Zum Milk Products (Zum Zum Probiotic Dahi & Zum Zum Sunrise White Regular Bread):The advertisement claims “Zum Zum probiotic dahi has positive effects on immune system modulation, blood cholesterol reduction, nutrient absorption and risk of urinary tract infections”, “Zum Zum Sunrise White Regular Bread, reduces risk of gastronomical problems”, were not substantiated with supporting data.
12. Dabur India Limited (Dabur Chyawanprash): The advertisement claims that Dabur Chyawanprash gives three times more immunity which makes kids strong from within and increases immunity that is the ability to fight illness by three times, were unsubstantiated.
13. Kellogg (India) P. (Kellogg’s Special K): The advertisement states “a two week challenge and eating two bowls every day: one for breakfast, one for lunch/dinner for only two weeks”, is misleading by omission of the specific conditions of the diet plan. Also, the duration of the disclaimers/supers in the TVC were not for minimum 12 seconds on the screen, were not clearly legible, and were not in the same language as the voice over of the TVC.
14. Tata Chemicals Limited (Tata Swach Silver RO Purifier): The advertisement claims the germ destroyer silver action increases the life of the purifier.
15. Missha (Missha M Perfect Cover BB Cream): The advertisement claims that the Missha M Perfect Cover BB Cream consists of SPF 42/PA+++, was not substantiated.
16. Dolphin labs (Face Ratan Cream): The advertisement claims to get rid of dark skin tone and experience fair skin tone in just five days. Their additional claims to remove boils, spots and marks, were not substantiated.
17. Deutsche Asset & Wealth Management (Deutsche Mutual Fund): This advertisement showcases a man riding a bike without a helmet; thus the advertisement promotes an unsafe practice.
Friday, January 26, 2018
Wednesday, January 24, 2018
वरिष्ठ पुलिस अधीक्षक ,
दिनांक २५ जनवरी २०१८
वरिष्ठ पुलिस अधीक्षक ,
अलीगढ
अलीगढ
महोदय ,
हम आपका ध्यान हमारे सूचना कानून के आवेदन संख्या ट्रेप/८६९ दिनांक २३-१०-२०१७ की तरफ आकर्षित करना चाहते (प्रतिलिपि संलग्न) , साथ में हम आपका ध्यान निम्न बिन्दुओ की तरफ भी आकृष्ट करना चाहते है
1. राष्ट्रीय राजमार्ग ९३ , जो अलीगढ में दीवानी न्यालय के सामने से गुजरते हुवे कठपुल्ला होते हुवे राष्ट्रीय राजमार्ग ९१ से मिल जाता है I
2. दिनांक २६-०९-२०१७ को अपने एक पत्र द्वारा पुलिस अधीक्षक यातायात , अलीगढ ने नगर निगम को सुभाष पार्क के सामने बने डीवाईडर को पूर्ण रूप से बंद करने को निर्देशित किया , सम्बंधित पत्र की प्रतिलिपि संलग्न I
3. उपरोक्त आदेश पारित करने के पूर्व पुलिस अधीक्षक यातायात , अलीगढ ने न तो किसी विशेषज्ञ की राय ली , न ही राष्ट्रीय राजमार्ग के अधिकारियों से किसी तरह की परमिसन प्राप्त की , और न ही मोटर वेहिकल एक्ट की धारा २१५ के अंतर्गत सड़क सुरक्षा समिति को विचारार्थ संदर्भित कर कर न कोई राय ली गई है I
महोदय , उनके द्वारा किये गए इस कार्य की वजह से आम जनता को काफी परेशानी उठानी पड रही है I यहाँ यह भी उल्लेख करना समीचीन होगा कि अलीगढ शहर स्मार्ट सिटी बनने जा रहा है और इन सब मुद्दों पर विशेषज्ञो की राय से ही अच्छे और सुचारू यातायात की उम्मीद की जा सकती है I
महोदय , राष्ट्रीय राजमार्ग पर इस तरह से अवरुद्ध खडा करना कानून विरोधी भी है , एवम किसी भी अधिकारी को सरकार द्वारा प्रतिपादित नियमो का उल्लंघन करने का अधिकार भी कोई कानून प्रदान नहीं करता I
आशा है आप उपरोक्त पर ध्यान देते हुवे आवश्यक कार्यवाही करने की कृपा करे , धन्यवाद सहित
आशा है आप उपरोक्त पर ध्यान देते हुवे आवश्यक कार्यवाही करने की कृपा करे , धन्यवाद सहित
भवदीय
बिमल कुमार खेमानी , संरक्षक
विक्रम सिंह , अध्यक्ष
प्रतिलिपि : १) पुलिस महानिक्षक , अलीगढ परिक्षेत्र , २) अलीगढ , नगर निगम , अलीगढ
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