After posting a few days back about procedure of filing a complaint in Bangalore consumer court/forum, I checked to see how it fares in google search. It has reached no 11 (top of page 2) for keywords "consumer court complaint bangalore" so it is not doing so bad. It could also mean there is hardly any resources available or there is general lack of interest among consumers about exercising their rights so my post may be just one more in the list of very few documents available. Anyway, my intention is not to become some kind of consumer activist. I also hate the term RTI activist which seems to equate them with that rare category of freedom revolutionaries rather than making RTI to be used by any citizen.
Without further ado, here goes the template for filing a consumer forum complaint in Bangalore. You can modify it to suit any other city’s district consumer forum too.
BEFORE THE COURT OF THE HON’BLE COMMISSIONER, CONSUMER FORUM, BANGALORE URBAN DISTRICT AT BANGALORE
COMPLAINT NO._______________/2013
BETWEEN:
Sri PUT NAME HERE,
S/o PUT FATHER’S NAME HERE
Aged about XX years
R/at PUT ADDRESS HERE
Mobile: …Complainant
And
GIVE FULL ADDRESS of OP
E.g. Flipkart’s Bangalore address below
Flipkart Internet Private Limited,
Ozone Manay Tech Park,
#56/18 & 55/09, 7th Floor,
Garvebhavipalya, Hosur Road,
Bangalore – 560068,
Karnataka, India.
Ozone Manay Tech Park,
#56/18 & 55/09, 7th Floor,
Garvebhavipalya, Hosur Road,
Bangalore – 560068,
Karnataka, India.
Phone: 1800 420 1111 or (080) 49400000
…Opposite Party
MEMORANDUM OF COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT:
The complaint submits as follows:
-
The address of the complainant for the purpose of summons, notices etc from this Hon’ble forum is as stated above.
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The address of the opposite party for the similar puropse is as shown above in the cause title above.
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The complainant is the resident of the above said address and the complainant had purchased the Bluetooth headset model Swiss Voice HF23 from Flipkart.com for … NOW GIVE THE DETAILED CHRONOLOGICAL POINTS ABOUT YOUR COMPLAINT along with date of purchase, service etc as much as possible.
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Append any supporting documents like copies of receipt/invoice, warranty cards, any other relevant documents as annexures at the end of the complaint. Refer to each individual document as Annexure A, Annexure B within your complaint. E.g. See an example point below:
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The complainant subsequently filed a replacement request for the said product at flipkart.com as per their 30 day replacement guarantee on DD MM2012, within the 30 days time limit. The screenshot of the 30 day replacement guarantee at the time is enclosed as Annexure B.
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After having given all the points, at the end of the complaint copy and paste the points given below AND DON’T FORGET TO MODIFY THEM TO SUIT YOUR OWN CASE.
…
…
…
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The complaint further submits that the opposite party has declined to respond both to online request for replacement made by complainant and subsequent to online complaint made at CORE too. The complainant is stuck with a non-working product and unable to buy an alternative product either till this complaint is resolved. This amounts to defect in product and deficiency of service under the consumer protection act. The relevant provision Sections 2(f) and 2(g) under the consumer protection act 1986 are noted as follows:
(f) "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods;
(g) "deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;
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The complainant further submits that he has not preferred any complaint for the same cause of action before any forum/court or any other authority for the relief.
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The complainant further submits that he may be permitted to produce the additional documents and to urge additional grounds during the course of the above proceedings.
Wherefore, the complainant above named most respectfully prays that this Hon’ble Forum may be pleased to:-
RELIEF SOUGHT:
-
Direct the opposite party to pay a sum of Rs XXXX to the complainant for defect of product and deficienty of service, for the harassment and wasted time, and not being able to buy and use any alternative product either.
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Direct the opposite party to pay interest at the rate of 9-5% per annum from the date of closure till date of realization on Rs XXXX.
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Direct the opposite party to pay the cost of the proceedings and
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Grant such other reliefs as this Hon’ble forum deems fit to grant/award in the circumstances of the case, in the interest of justice and equity.
Complainant
VERIFICATION
I, PUT NAME HERE, the complainant above named do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, belief and information.
Bangalore Complainant
Date:
Hi Videv,
Greetings !!
I purchased a premium Asus gaming Laptop worth Rs 70000. It stopped working all of a sudden just after 3 years of purchase and gentle use. It is out of warranty though.
The customer care offers me a quotation to replace the parts which are not working i.e. motherboard and Display worth Rs 55000. which is similar to new laptop price.
When I requested to just repair the parts at lower cost they refused saying that the do not repair just replace the part.
After 6 months I logged on a complaint on https://consumerhelpline.gov.in/ online and they called immediately the day after and are saying that they can offer 50% discount on the replacement cost.
I refused to 50% discount offer due to such delay in service and poor customer service by ASUS.
What about other factors like delay in service, waste of time, harassment, loss of work due to non functional laptop, cost of purchasing a new laptop, cost of proceedings if I seek a legal alternative in future. What relief should I seek for these factors in terms of monetary value .
Can I approach consumer forum regarding this issue?
Please note that laptop is out of warranty.
But how can company charge such a huge some of money for repair just after 3 years?
And why replacement of parts not repair?
Why such poor customer service?
Please guide.
Once warranty period is over, the extent of liability becomes a grey area because there is no well-defined liability.
But asking for exorbitant repair cost is against consumer interests.
>>What about other factors like delay in service, waste of time, harassment, loss of work due to non functional laptop, cost of purchasing a new laptop, cost of proceedings if I seek a legal alternative in future.
You can ask for reliefs by comparing delay, harassment caused by company against what would be standards of industry wide practice, and reasonable expectations of a customer.
Search in comments for similar case by Anil against Samsung LED TV fault (after warranty) for which he was able to get 25K as a compromise with company. Yours is probably the 2nd case like that (after warranty).
Some parts may be replaceable, some may not be. What you should argue about is the exorbitant cost being quoted for a laptop which is not that old that the product is discontinued altogether, or parts are not available anymore (in case they come up with that argument).
Hi Sir/Madam,
I have engaged a Photographer(un-registered) under banner “Shaun Trendz” for my daughter’ wedding event and I have negotiated the deal and paid a Token advance of Rs.2000/- through digital wallet payment to his account on 24th June 2018. Subsequently the task started with Engagement function, Pre-Wedding Shoot followed by Wedding(18th & 19th October 2018). It is agreed that the delivery of Photo Albums and Videos with Editing in 5-6 weeks after we give our selection. There is only one letter head with us written by the photographer himself briefing all these task details and payment terms but no signature by either of us on that. I have paid as per the terms from time-time in 3-4 installments (once by cash and through digital wallet on other times) keeping Rs.12000 to Rs.13000 towards the deliverables again as per the terms agreed only.
I have given our selection list to him out of the raw stuff given by him in the month of December 2018 and from then i am following up with him for the Albums and Videos and he keep on telling excuses and extension of dates endlessly for weeks, months together saying some false promises and wrong updates continuously. Many at times he was avoiding/ignoring our calls/messages over whatsapp/SMS. At last due to our continuous and close follow-up somehow he made us give again our selection of photos and songs to him he has made ready one soft copy of Only Reception video which is very bad in quality with his own selection of some songs(some pathos even) and without Muhurtham Video. Later I gave him our feedback requesting him to re-do it and give full event video along with photo albums. After again few weeks he has sent few sample PDF of photos via whatsapp. I have asked him to complete the whole task and deliver but he has started playing again his game of saying some excuses, false promises but no deliveries so far even the wedding anniversary also passed. When i confronted him about his way of handling the task and indicated him that if continues doing the same i will have to go for legal action for which he told go to hell and do whatever i want/can.
As its being about my daughter’ wedding event albums and video its a concern for both of my family/relations and Groom’s family/relations and i have lost our respect there for not able to provide them with a copy of the albums/videos and i have suffered a lot of mental agony, etc.
I want to teach him a nice lesson with compensation and product delivery. Please advise me how to draft/send a legal notice before filing a case in Consumer’ Forum.
Also is that proof of Letter Head given by him without any signatures enough for us to file the case? We have all the messages/payment screen-shots anyhow. Please advise sir
It is basically deficiency of service plus you can claim compensation. Also, you can ask him to send you the original video/photos as an alernative so you can pay someone else to get it done.
You can send legal notice detailing the same points in your comment. Also, you can ask him to hand over to you the original video/photos as an alernative so you can pay someone else to get it done. He can deduct nominal charges for the video/photos as per market rates. So handing over original video/photos does not absolve him from refunding the amount for the other services like editing which he practically speaking did not provide.
Letter head along with messages/payment screenshots will be the proof. These form electronic evidence and are admissible.
I bought 6 pieces of cloth on lifestyle. I returned them because of size issues & unsatisfactory online & offline experience regarding the order. I got return invoices for all 6. I was forced with a voucher for 2 products, a neft for 2 more products. They never updated me on the remaining 2 products. Till date there’s nothing they have done! I have made multiple calls, emails to customer care asking for refund of those. The reason they give is product lost in logistics & we are trying to resolve, but that’s not my fault! I should not be troubled this way & I should receive the refund. It’s a small amount of 500/- & I don’t know how to proceed about this!
My feeling is many companies have ‘dedicated staff’ to handle such issues wherein their main job (or only job) to keep delaying and keep making promises, until customer gets frustrated and gives up!
For smaller amounts like these, you can post it on twitter tagging their official handle, or leave reviews on consumer review sites like mouthshut.com, or write your own blog post if you have a blog. Usually I have seen many companies have started giving their official customer email support with very low priority, but they do give priority and attention if tagged on twitter! I have got many problems resolved using twitter, but again it’s not a 100% guarantee.
From their website, their twitter handle is @Lifestyle_Store
I booked a train reservation through IRCTC for journey on 03rd May 2019 from Bhuvaneshwar to Hyderabad.On 1st May at 5.06 PM, I received an SMS from Indian Railways conveying that due to unavoidable circumstances, my train on 03rd May 2019 is cancelled ( obviously as a precautionary measure considering cyclone FANI was expected to land on shore on 03rd may 2019). After receiving the SMS, I immediately made alternate travel arrangements by flight .Knowing that it is a case of train cancellation by Indian Railways, I didn’t cancel my tickets thinking that in such cases refund of ticket amount will be automatic.
Upon not receiving the refund, on 7th May 2019, I wrote to IRCTC to refund the ticket amount.To my shock, they have informed me that the train was partially cancelled and hence the passenger has to claim TDR within 72 hours of start time of train.My plea that I was not informed about partial cancellation did not cut any ice either with IRCTC or Indian Railways.They denied my claim of refund of ticket amount stating I had filed TDR after stipulated time.
I feel disappointed and cheated due to the fact that inspite of sending train cancellation SMS to me they have denied the refund. Kindly suggest If I have any chance of getting my amount from IRCTC/IR.More than the refund amount , I want to ensure such instances never happen agian to other passengers.
You assumed that an SMS about train cancellation will result in automatic refund. However the terms at IRCTC website are different. See the end of page below which covers the point about flood, accident etc:
http://contents.irctc.co.in/en/eticketCancel.html
Cancellation of e-tickets in case of trains cancelled:
If the train is marked as “CANCELLED” in PRS due to breaches, floods, accidents etc. full refund is permissible in case the ticket is cancelled within three days of the scheduled departure of the train. In case of e-tickets, such cancellations can be done by the customer through Internet.
Usually in any contract , there will be some clauses about what happens when there are unforeseen or unavoidable events. We should all get in the habit of reading the fine print of terms and conditions.
Whether this time limit of 3 days to claim refund, or not giving an automatic refund is a fair policy or not is a larger question. If you want to challenge IRCTC on that ground, you may be able to approach consumer forum but it will be on larger point of an unfair policy towards consumers, and not about getting refund for your own scenario. IRCTC may have their own reasons but if you can convince the forum that other travel providers like buses or airlines provide automatic refunds in similar circumstances (I myself haven’t studied this aspect yet) or don’t have time limits, then it could be a strong case.
Thank you for prompt response. As per the statement at the end of the page, I am not eligible to get the refund. Lesson learnt the hard way.
Yes. I agree that it will be a fight against an un-fair policy of IR stipulating 3 days restriction to claim refund.
I placed few orders on flipkart . All of them were cancelled by flipkart after shipping saying “pricing error” . Earlier , they mentioned “bulk order” as the reason for cancelling the order. However, when I asked them for the policy document or any written document where this is mentioned , they said they don’t have any. I filed a complaint in consumer forum but there also flipkart mentioned pricing error and closed the complaint. Can I/ Should I go ahead with consumer court in this case ? Note that, all the orders were shipped and cancelled after shipping.
It’s odd for order to be cancelled after shipping. One reason can be that the stock of product is not there (wrong inventory data) at time of shipping but the errors like “pricing error” don’t fit into that. “Bulk order” error – I can’t say what it might be except that again there was mistake in their software which took a bulk order from you but later it could not be fulfilled.
Generally, the terms of contract (read them anyway) will cover things like force majeure or unforeseen circumstances like those which are beyond control of eCommerce vendor. Difficult to say if your case fits into that.
I am guessing you have filed a complaint on one of online self-proclaimed consumer forum boards. If you have filed something online, it’s not a consumer forum complaint since they don’t work online. A written complaint has to be filed as per the procedure given on this site. Only then you will come to know about response of flipkart since they will have to take it much more seriously.
Hi,
I bought a laptop from lenovo store near me on 24 January 2019. Its a gaming laptop which was being used as a demo piece at the store. I bought the laptop as it was offered to me at lower cost. The sales agent told me that the laptop is 3 months old and i didn’t had issue with that. I paid 69000 rupees for that laptop. Along with laptop i got laptop bag, Invoice and other accessories. It was also promised to me that i will get 3 years of warranty (1 year accidental and 2 year onsite warranty). Now after the store registered my laptop on lenovo website and raised a ticket for warranty activation. The ticket was rejected with reason that the manufacturing date is 1 year ago and 3 year warranty offer cannot be activated due to their terms and conditions. Currently my Laptop is out of warranty as it’s Factory warranty was exhausted while it was in that shop. I contacted the store regarding this and they are saying that they will request lenovo to activate the warranty as this a special case of selling a demo piece.
Its been 1 month since my ticket got rejected by lenovo. I have been visiting store every 3-4 days for follow ups but they always give some excuses.
Can i file a complaint at consumer court pune ? If yes, then who should be the opposite party? The Store Owner or Lenovo?
Thank you in advance
Whether it is a demo laptop or not relevant UNLESS Lenovo (manufacturer) has some special terms for demo laptops, e.g., a condition to Retail store that such laptops CAN NOT be sold. If it can be sold, then it has to be covered under same terms as any other laptop.
>>Currently my Laptop is out of warranty as it’s Factory warranty was exhausted while it was in that shop
Warranty is from date of sale (on invoice/bill), not from date of manufacture.
>>Its been 1 month since my ticket got rejected by lenovo. I have been visiting store every 3-4 days for follow ups but they always give some excuses.
Send one final written notice by speed post that you will move consumer forum if problem not solved. Stop making further visits (or even phone calls), unless you also want to walk for health reasons. Such people never appreciate or care about effort you are spending, they understand only the language of threat of penalty/loss of reputation etc.
From the details given, it looks mainly to be problem of retail store. But since there is lack of clarity, it may be wise to make retail store as Opposite Party 1 and Lenovo company as Opposite Party 2. Which means for written complaint submitted to forum (and further documents like written arguments at later stage), an extra copy will have to be given (for OP No. 2).
I was misguided by agent/sales head of SAI SRI NIDHI DEVELOPERS . As per the Agent instructions i have given 2 cheques worth rs 4 lack at the time of flat booking and execution of sale deed. Agent has provided acknowledgment of Receiving 1 lack rupees at the time of flat booking and those acknowledgment is belong to Sai Sri Nidhi Developers. WE believed that property is belong to builder property as agent involved in Selling of the flat. Agent Suggest me to write Cheques in the name of MR CHRITOPHER H H GIDDEN and as per his instruction cheques was handover to agent.
Later some days i was shocked to know that agent selling Land owner property and name which he was suggested was land owner name . I was even surprised to know that above mentioned flat has been sold to some other person without my notice. When i questioned regarding this to agent , he accepted his mistake and given me return cheque from land owner but eventually it was bounced and he is absconded. Can i file a case on Builder agent on consumer court?
You could file case on whoever has issued the bounced cheque. I think only cheque bounce case can be filed since no service/product has been delivered/exchanged against which consumer complaint could be made. Even cheque bounce case has several steps and requirements which you will need to fulfill like contract/proof of debt etc. See below:
https://www.quora.com/How-do-I-file-a-case-on-cheque-bounce
http://qr.ae/TUIcvN
Dear Sir,
Last month, my brother’s daughter took accommodation in a hostel in Koramangala, Bangalore and paid 3 months rent (Rs 21000) as advance. The very next day, she vacated the hostel as she got admission in a different college in another state. The hostel authorities are not willing to refund anything saying that minimum 6 months stay is mandatory to get any refund of advance paid. We have not signed any agreement like that with the hostel. We have receipts of payments to the hostel and later my brother sent them email requesting for refund. Today I called them again and asked about refund, offered to pay one month rent as a compromise. They are not amenable to that and challenged us to take any recourse available. What is your take on this ? Do we have a good chance to win this case if we file a complaint ? Are such cases admitted in consumer forums ?
>> The hostel authorities are not willing to refund anything saying that minimum 6 months stay is mandatory to get any refund of advance paid.
This is something they have created out of air since there is no written agreement. Usual notice of termination is 1 month in most tenancy contracts (hostel though is an educational institution and they could object to that giving their reasons like schedule of students based on semester etc), so if at all they can claim to keep 1 month worth of rent going by usual practices.
Below answers are for similar problem and I think filing civil suit may be right option. From my quick search, it seems consumer complaint is not applicable unless there is a problem of deficiency of service alleged by tenant on landlord. In your case, it’s not about deficiency of service but about breach of contract/money/recovery of dues.
https://www.kaanoon.com/14573/landlord-not-returning-my-deposit-money
Dear Sir
I had ordered books for my son from Eazyshopee online on 24th April 18. It has been almost 40 days and they have not been able to deliver the books. I am given false promises on the phone that the books will delivered that same day every time I am able to speak to their call center. Most of the time the phone numbers mentioned on their Site are not answered.
My son is going to school without his books.
The Order is worth INR 5K.
Who can I approach for redress ?
Regards
Adnan F Abbasi
I have checked their website. It’s better to send a complaint in writing too (but they don’t have email or even physical address it seems!), and if books are still undelivered you can file consumer complaint since definitely they will be covered under it.
The website doesn’t seem very professional. There is no email or contact form on website. The ‘company’ seems to be non-registered (so basically a proprietarship), and their terms webpage contains gems like these:
There is no address on the website either, and from whois record it seems to be a shop on Avenue Road, Bangalore, but full address is not available:
https://www.whois.com/whois/eazyshopee.com
Hello Adnan,
Alternatively, you can consider filing for a chargeback with your credit card company in case you you have transacted the said amount by credit card, to get a temporary credit.
They will conduct their investigations and change it to a permanent credit or a penalise you if they were to arrive at a conclusion that the chargeback request was not genuine.
Thanks,
Sajan
All the Best,
Sajan
Joint venture Company A sells a product to me. 6 months later company closes. No response for service, repairs or replacement. All contact details, website of this company taken down.
What legal options can i excercise?
Probably nothing in civil cases. Do check their details on MCA website or registrar of companies etc to see if they have complied with financial requirements etc. They might be in violation of mandatory audits/disclosures, and you could find information on directors’ addresses.
I am not sure but it maybe possible to file case on director(s) of company, if the company itself has disappeared – check this with consumer forum staff in case they can help on this. But you need the address(es) of such director(s) to be able to file case.
Hello sir ,
I cheated by a diagnostic lab as they diagnose that the patient have cancer disease but when we checked in other lab they diagnos there is no cancer I contact to first diagnostic centre about their report they replied it’s happen by mistake.
So please suggest what can I do?
It all depends on merits of the case, whether this diagnosis mistake is probable in similar scenarios, or more a case of negligence/bad service. If you know any doctors as friends, you can take their opinion before thinking about filing consumer complaint.
Hi,
I order 4cm×4cm size drone from banggood.com which cost around 1200rs. Now the customs have held it and after 5 months they put fine of 5000rs. First letrer they sent only informing that drone will confiscated as per some 1962 act. And then after 3 month they sent show cause notice saying that along with confiscation fine will be put on me. I sent reply saying that drone is toy drone and same is being aold from flipkart and amazonindia website .but they didn’t agree to that in last month they sent order passing 5000rupee fine and drone will be conconfiscated. After that i called them through phone requested to send it back origin or sender but he said no provision to send back. Since order came through airparcel register there will be provision to send it back. But bangalore customs not ready to agree. I contacted one guy via youtube channel for him mumbai and delhi customs agrred to return on paying 500Rs shipping charges. But bangalore customs is very not allowing to send back. Can i put them case on this ?
Customs are not really a company/service provider who you have paid for the product, and so you can’t be called their consumer. So you will have to take dispute with them based on custom laws covering drones/penalties on them/any custom duties etc.
Hi
A month ago I had paid in advance of 10,000 INR for tennis lessons. However due to a fracture in my hand I will not be able to take these lessons. Not a single lesson has been availed. I want the academy to refund this amount. I was not informed about any non-refundable policy and no agreement was signed. The owner of the academy is now making statements like “Not a single penny will be refunded. Do Whatever you want”.
Without written agreement, it’s difficult to know what was agreed upon. If you did inform them in advance, you can try filing consumer complaint to recover whatever you can. If they can show that they had to bear expenses (on coach’s salary or whatever else infrastructure booked for you), then they can justify keeping that much money.
One point is that usually such unpredictable things like accident etc can possibly make the contract enter into scenario of force majeure, and usually a party shouldn’t have to suffer because of force majeure scenarios. A lenient view might be taken since it was beyond your control and it can never be said to be someone’s intention to have an accident.
https://info.kirasystems.com/blog/force-majeure
I had purchased a Google Pixel (2016 Model) in January 2017 and starting Oct 2017, I started facing issues with making/receiving calls. There were many side issues related to this, like, Phone Hanging, the recipient of my call wouldn’t be able to hear me, phone restart etc. I called Google Support, they suggested a software fix and that solved the issue temporarily. The issue recurred in November and the same was told to Google support; they suggested a different software fix and insisted how the issue is only a software issue. I faced the issue again and reported it on 10th Feb 2018 (not Outside warranty by 15 days); this time Google told me that it is a hardware issue and I must visit their service centre. The service Centre asked for INR 23k to fix it.
There are various articles on the internet indicating how this is a known issue of Google pixel and multiple users are facing it. Google is acting really smart here and trying to earn money by not accepting their mistake. I need to understand what are the best legal ways to tackle this.
File consumer forum complaint and the grounds are both “deficiency in product/quality” and “deficiency in service”, but mainly it’s a product issue.
in 2017 i purchased a led tv from online and all of the sudden its stopped working, and contacted the dealer and he asked us to send the tv to their place for repair, and we sent the same for repair, after about 1 month they sent back the tv saying its working, when we connected its not working properly it used to restart on its own. We approached the dealer then he asked us to send back the tv for repair, which we did and about after a 45 days gap they returened it saying its working fine. But to our surprise on the same day of installation of the tv its getting on and off on its own, and informed the same to the dealer and this time he promised they personal will visit and repair it in our place it self, but that has not happend, after several calls and followups they asked us to send again to their place for repair. so we sent the same and presumed that the tv is getting repaired, after a gap of 25 days we contacted the dealer and he informed us that the tv is damaged in transit, so he cannot repair it, whats the next course of action for this problem.
TV repair should be carried out by service centre, not by dealer. At most he will be sending it to service centre, but my guess is they are not doing it at all!
Do you have any work sheet/service record of the repairs done? If not, assume that it was never serviced or serviced in a professional way.
Regular Vehicle Service lapse.
I had given my vehicle for regular servicing in late December 2017 for a general services. Service technician took the vehicle for servicing and completed and returned the vehicle. Post the service, i noticed vehicle was not running smooth and was feeling something went wrong with the service. I put up a post service feedback for the same. Servicing center took the vehicle back in January 2018 based on my feedback for inspection and rectification of the problem. Post this, i did not see any improvements and started to follow up with the service center. They again taken the vehicle for inspection on 4th April 2018 and told there is indeed an issue with the power steering and the assembly needs to be replaced. Since this vehicle was not used by me on regular basis,post the service in Dec 2017, it ran just about 700 km in city so far. This needs to be rectified immediately until then vehicle not recommended to be driven on highways. Service Center manager is not ready to bear the mistake and not ready to repair it at their cost. They are asking me to pay to rectify this issue which approximately comes to Rs.40,000/-. Can i file a consumer complaint on service center for their lapse of service and agony they had put me in.
Prima facie it seems fit case for consumer forum since it’s difficult to imagine why a car driven rarely will need major changes like power steering and assembly fixes.
I had invested Rs.4 lac during 2015 April in Vikram investment for commodity trading with quarterly returns. Since June 2017 they have stopped returns and they are now not responding to my mails and calls. They have closed their office too. Can I refer this case to consumer forum.
Try SEBI or regulatory body for commodities exchanges. It is probably “for profit” so may not fit under definition of consumer as per consumer protection act.
Hi Mr. Videv,
We have booked a row house in Mantri Courtyard in July 2014 and by October 2015 we had paid 90% of the construction amount. As per the agreement the possession date should be October 2016, but they had postponed the possession date 3 times citing various reasons like non-availability of labors, continuous rain etc,. At the end of January 2018, they had sent final demand letter asking us to pay the full amount and go for registration. In total, the possession date is delayed by 15 months by Mantri builders.
As per the agreement Mantri has to compensate Rs. 3/- per square feet for every month delay, but now they are refusing to pay the compensation amount stating that the delay was beyond the reasons controlled by Mantri, that means they are using the force majeure clause to evade this delay compensation.
We feel cheated by Mantri builders as one of the important points to choose the project was this assurance of on-time completion, failing which their commitment of compensation for every month delay that is stated in the agreement.
Can we take this case to consumer forum or consumer court?
If we delay the registration of property until this dispute is resolved, the registration cost might increase and we will end up paying additional cost which may arise due to government tax/policy changes.
So, is it advisable to take the possession of the house first and then fight this case in consumer court?
It did not rain continuously from Oct 2016 till Jan 2018, and non-availability of labour can be temporary not a continuous affair so that also definitely does not fall under force majeure (even then labour related issues fall under their business liability, it’s only rain which is an act of God).
You may be able to take possession but with a clear notice/rider in writing that by taking possession you are not absolving them of legal liability as per the original contract, and you are free to approach various legal forums including consumer forum. If they refuse to give possession in that case then your choice is not to take possession and fight it out for all delays/compensation/cost escalation etc.. Regarding registration cost escalation, since they are the ones not adhering to terms, due to any delays due to their fault you can also ask for extra registration costs also as a relief from consumer forum. Best would be to go as a group (I am assuming multiple consumers are affected) since consumer protection act allows for a combined action by multiple consumers. It may be another matter if people start cutting private deals with builder, then it’s up to the few individuals who want to fight it out. It should be worth it even then.
If they are under RERA, that may be another/first way for redressal, but given the date of project they may not be under RERA.
I had purchased a nokia feature phone(non andriod) from amazon and had requested for refund since not happy with phone. The customer care said saying only replacement is possible, no refund. I requested a technician visit to check phone. As per their policy, “In case of Apple iPhones, other non-Android phones and in certain other cases, if you report an issue with your smartphone, we may schedule a technician visit to your location. On the basis of the technician’s evaluation report, we’ll provide a resolution.
But customer care denied saying only for smartphone technician can be assigned (whereas in policy its clearly stated non android phones is eligible) and for your phone technician cant be assigned. i have taken their reply in mail confirmation.
Can i lodge a complaint against the same??
Thanks
I doubt “not happy” will be allowed in general as a reason for refund these days, though it may be so for specific items by a seller.
Business wise, sending technician to check a basic feature phone costing few thousand doesn’t make sense for them; but if their policy states so, then you have a case.
Hello sir. Very nice information is given. I m also cheated by Amazon. I ordered a mobile recently but my mistake I ordered wrong product by mistake. Delivery boy told us u can exchange it. Just call customer care. They will help u. But blunder started then. Customer care said we don’t that kind of policy. U cannot return product. From 31st Jan I m daily sending them emails. But didn’t got any response. What to do in this case?
It can’t be cheating if YOU have ordered wrong product. The right time is to cancel order ASAP, but after delivery is done, the policies may or may not allow for exchange depending on prime customer vs non-prime etc, and seller terms applicable for non-prime customers on exchange etc.
hai sir
i makes silk thread bangles. once one Amazon agent contact me and the told me to they are selling this kind of product in Amazon website like that. so i gave that 22 products to that parson and he will uploaded in Amazon seller canter. and that name wash vijis creations. that time the are not told me about the charges and all. after that my products are sold one by one. but every time they are put in on negative balance and if i asked about that they are telling like this advertising charge other charge etc. some times they are not responding me also. i am relay hear about that. what can i do ageist that. please tell me sir.
It’s a business deal so consumer forum can’t be approached. You should read up amazon website for seller terms and conditions and even search for this seller on their site, or call them up to enquire about this business who is misleading you.
I just searched and found a seller with similar name selling product you described. Suggest to call up amazon and deal with them directly if you can, and not use a go-between:
https://www.amazon.in/sp?_encoding=UTF8&asin=&isAmazonFulfilled=1&isCBA=&marketplaceID=A21TJRUUN4KGV&orderID=&seller=A17RK51E7DDM2W&tab=&vasStoreID=
Hi,
I read your articles and appreciate your works to help people who are in need. I find my case a bit unique and wanted to check with you so I’m posting my query here.
I had paid membership for Country Vacations in May 2017, while transacting the marketing executive swiped my card for membership fee of 60000, amount deducted but he said the transaction failed and the amount will be refunded within 3 days after realization, so I agreed and allowed him to swipe again.
Since then, I’ve been following up in vain and their promises to return my money till now is proved fake and seems like they are least bothered. With this kind of negligence and pathetic service from them I have decided to cancel my membership too and get all my money refunded with interest. Should I proceed with the Consumer court case or file a police case for cheating.. Please suggest.. Thanks,
Credit card company could have been contacted first regarding this, stating that it is a duplicate payment in error (error made by merchant).
Only consumer case can refund money with interest. In case you take that approach, then police may decline to take up case, which probably anyway they may not be enthusiastic to begin with. It’s up to you to try out the possibilities. Not returning money for so many months is definitely not clean behaviour on their part.
Dear Sir
Greeting!!
On Nov 28-2017 i got a new JIO sim from JIO store by paying 498 INR for 75 days validity and before getting JIO sim i asked the person who issued SIM to me,he said in my area(Munekolala,Marathalli,Bangalore 560037)have very good connectivity but when i tried to insert SIM into my mobile ,no network.I called to JIO care but they said in my area some Network issue has been there and that will take 60 days to rectify and when i asked so what about my money ,then JIO said they do not have refund policy or validity extended policy and i have sent many mail to them but all are with same reply”it will take 60 days and no refund or validity extended is there”.
Please help me on this
2nd case:I had take 50k loan from HDFC on DEC,the lady who called me and said processing fee would be 0.99 for all amount(Min loan amount is 50k for bank),but when i got the money from bank they have deducted 1181 for processing fee and then i called to loan dept and the lady who is the third party for bank.
Reply was from bank:I need to speak with third party who has signed my document and told me about process fee.
Reply from Third party:Lady said BANK may be charged wrongly and i will refund my money,for that i have all SMS communication log in my mobile.
You can file complaint against Jio if you want to.
Bank case: Most likely the third party has hookwinked you. Processing fee charged by bank will be available in HDFC bank communication/letter /loan confirmation. It may also be there on website.
I am a senior citizen and sent some critical medicine to my son in Sweden on 16 th Dec though FedEx express after paying Rs 3801 and documents like doc.prescription, invoice etc.The item has come come back and they are for 1900rs for handing over the tablets.They say it is prohibiyed to import medicine into Sweden.I cannot describe our tension and agony.
Did they not know that this earlier .is this not professional incompetence and poor service?I had sent complaint to local FedEx and to indoa@fedex.com not resolved yet.are there any hidden things which they are not informing.? I had asked for min compensation of Rs 9206 and free delivery of returned item .Pl.advise
It is prohibited in Sweden to import medicinal drugs of any kind, as per fedex website:
https://crossborder.fedex.com/us/assets/prohibited-restricted/sweden/index.shtml
But since it is information well within their knowledge, they didn’t do necessary due diligence before accepting the package. You can take screenshot of above and you can file case against them. What’s also important is if they asked for declaration about goods to be couriered. And if asking for declaration is their responsibility or not, it should be. Read the terms and conditions and the form/invoice/courier receipt etc for such details.
Sir I recently purchased an laptop on Flipkart recently in an offer sale for an exchange of my old laptop , but all of the sudden when I was following the shipment on courier/logistics it showed like the shipment has damaged but the laptop got shipped from Bangalore and I’m also from Bangalore only , but when I called up the Flipkart and asked why my shipment is delayed they where asking me to cancel my order and they would refund the money back I’m now doubtful on Flipkart that they are cheating simply by the name of offer sale ! Please help me I want to file a case is it possible?
If they are offering refund, you can take it. Trying to hold them accountable on offer made is really a work for legal eagles. They might have genuine reason why the offer could not be fulfilled.
Hello Sir,
I am using Axis Bank Credit Card, usually I will get monthly bill and I will minimum or little more than that.
I did a purchase for 51500, same day was converted into EMI and 51500 was credited back to my statement.
Now they have charged Interest on 51500 for 22 days.
The EMI which was converted, they changed Interest on EMI principle
They charged Interest on EMI Interest
They charged Intesrest on GST also
Should I approach Consumer Forum
thanks,
Touseef
You can approach forum only if the EMI conversion was done without your explicit consent. Other points regarding interest on EMI interest may be applicable if their contractual terms allow it. About interest on GST I am not sure. Try google to find about that.
Sir, I have purchased a table in a shop and asked for bill but shopkeeper refused to give bill at beginning and after argument he gave me bill can i file complaint on him as he refused to give bill in begging
You got the bill in the end. If you want to file complaint, try checking the department in your city which takes complaints against shops regarding sale of goods etc. It maybe some consumer related department or a municipal one, it’s difficult to say.
Hello Sir,
I also faced problem from Snapdeal.com. They Rejected my return request & refused to refund my money . I put return request for my sports shoes within 7 days as mentioned in their easy return policy. I also mailed them, Asking them to solve my problem on twitter but they are not listening to me. what will be the best solution for me. Please help & guide me.
With thanks & regards
If the item is not excluded from returns policy, then they have to accept. Usually companies reply on twitter, but if they don’t then your final recourse may be consumer forum
Hello sir,
I have a booking in the name of Jalandhar, from Bangalore to Tirupathi on 28-9-2017.
First of all the given mobile number to contact the service provider is incorrect, and when I get in touch with the Service provider via mobile number which was given by the Abhibus customer service representative, the following person saying they stopped their bus services between Bangalore to Tirupathi 15 days ago.
I was waiting for the bus from 1 hour before the mentioned at the specified Boarding point and kept calling the Abhi bus customer service and being said that bus is on the way and suddenly saying in my 6th call, as they is no service today, sorry for the inconvenience, take an alternate service for journey.
Since there is other options at the time of 12’o clock in the midnight, I had to cancel my trip. So shall I go ahead and file a complaint against this?
It may be possible, though be careful if they try to fit this situation into ‘force majeure’ clause, which means something beyond their control due to which they could not fulfill the contract.
Also, you need to read Abhibus terms to know against whom complaint lies and what is their own liability. E.g. see below:
—————-
http://www.abhibus.com/terms
The arrival and departure times mentioned on the ticket are only tentative timings. Buses may be delayed due to some unavoidable reasons like traffic jams etc. However, the bus will not leave the source before the time that is mentioned on the ticket. Passengers are advised to call the bus operator contact number mentioned in the ticket and reconfirm the boarding point location and departure time on the day of journey.
In case of any claims arising out of unforeseen consequences/exigencies, ABHIBUS liability would be limited to the extent of two times the value of the booking amount.
—————-
So most likely your complaint may lie against the bus operator and not Abhibus.
Dear sir,
Last month i asked for mobile portability from Tata docoum to airtel, unfortunately airtel service not available after port, the issue posted to airtel appellate authority but simply replaying it will get over by next 2 days or asking me to change sim.
all communication done through mail but till date no action from airtel ( start date 29th august 17 till date, almost 30 days completed but no action from airtel)
Please shall i go to consumer court since this number i am using from last 12 years so all my banking transaction were linked to this number but now not able to do any transaction because each transaction need to enter OTP.
Following transaction are failed due to non availability of OTP
1) Credit card payment not done on time
2) failed to pay my rent on time.
3) E way bill not able to generate to move company goods since GST clearly given OTP required from registered mobile unfortunately GST website not allowing to change mobile number.
4) mentally gone mad, not able to get any call from friends, relatives and new business call ,,,
so i would like to claim compensation and moreover air tel should not repeat same to other customer so need to teach them there is law in india must obey everyone.
Please help me how to proceed above issues
Dear sir, i do a product online through flifkarts , that is single bed, they are promise to give delivery in 20th august but now today 30th august, not i recived the product till today, so can i file a case against flipkart as consurmer case. neither they cancell the order nor delivery the product.
It may be possible to file complaint, though I haven’t heard anyone doing it yet. The problem with these things is that if you file complaint and they deliver next day, then your complaint has to be sophisticated enough to deal with this possibility and ask for compensation for the confusion, harassment, delay caused by them even if you are satisfied with the finally delivered product.
Sir,
I am using airtel’s postpaid number i.e. from last 4-5 months, I am facing a regular network issues from last 3 months for which I hade complained twice, once the network team has visited to me and assured the solution within 1 week(09/05/17 date of commitement), but there is no further communication from their side nor the network quality have been improved, I am paying my rentals on time every month but not able to use it which is wastage of my money.
ca i file a case for this bad service, please suggest.
It’s deficiency of service basically, so you can send them a legal notice and if no improvement within 15 days or so, then file consumer complaint
Dear Sir,
After visiting Consumer Forum about my complaint, they gave a format for consumer complaint, which includes few sections as Detailed complaint / Facts of case, Cause of action and Prayer.
1) In Detailed complaint, is it fine to use “we”/”our” instead of just “Complainants”? Also names of representatives instead of just “Opposite party”?
2) Cause of action, please provide an example or sample format of this? What to include in this, if already mentioned in Detailed complaint?
3) In sample Relief Sought, what is meaning of ‘date of closure’ and ‘date of realization’?
Thanks.
I had gone to the district consumer forum 10 days back to file complaints, and they are somewhat not clear about the process. They said I should send notice first, and also said there is a format of complaint now. I can’t find any format on their website though.
I need to see the full format to comment. We/Our should be fine unless their new format is very picky on such things. Either OP or name of party should be fine too. Cause of action means the problem/issue created by OP along with the dates on which it all started. Basically they have created separate sections with headings for various parts of complaint, that’s all.
>>3) In sample Relief Sought, what is meaning of ‘date of closure’ and ‘date of realization’?
No idea unless I see full format.
Dear Sir,
Sorry to trouble again.
It is mentioned in your post as “plan to file the complaint when you are not going out of town in next couple of weeks”. So may I please know generally after how many days hearing will be scheduled once complaint is submitted?
There may not be particular guidelines, but is it fine to submit both-sided prints of complaint?
Thanks & Regards,
Aniket
Why don’t you call district forum number and find directly?
Dear Sir,
In my last comment, I mentioned about unethical behaviour of builder for not returning booking amount, in spite of lack of project document.
During booking with that builder, me & my wife both had given details together. So while filing complaint in Consumer Forum, we both have to mention our names under as ‘Complainants’ or either of us can file it?
Regards,
Aniket
I am not 100% sure of the legal technicality, but one person can definitely be complainant on behalf of both. Names of both should be there in complaint as consumers because that’s the fact also as per contract documents signed with builder.
Based on who paid: Whoever has paid money can only be consumer and hence complainant. So if husband and wife names are both there but only one person paid money, that person alone will be complainant and this can be disclosed clearly in complaint.
You can also call district forum number about this, or discuss with them in person before filing complaint.
Dear Sir,
Thanks for posting helpful information for any consumer.
I contacted NCH, regarding my complaint of getting booking amount (Rs. 1 Lac) paid to builder (Other Party). Earlier my cheque was also bounded by Other Party, which lead me some additional penalty to me. But I ignored that additional burden of penalty and proceeded with deal. But now I can’t bear Other Party not returning my booking amount inspite lack of proper documents (valid Height Clearance of project as per new norms). I followed NCH guidance and done with written complaints to Opposite Party. Opposite Party informed me that they will not return my money as per their policies and even suggested me to go in court.
Based on that reply from opposite party, NCH asked me to proceed to Consumer Forum (Bangalore Urban I and II Additional District Consumer Disputes Redressal Forum) and to submit written complaint with documents & expectations too.
While searching for format of written complaint to Consumer Forum I found your helpful posts.
Please help me to understand few of the things for filing complaint.
1) Mainly I need my booking amount. Though I will be writing complaint for getting booking amount of Rs. 1 Lac, do I have to mention RELIEF SOUGHT (or expectation) separately?
2) In that case how much fee I need to pay? Fee is differnet for claim below Rs. 1 Lac & above; and NCH told me to issue DD for fee payment in favour of consumer forum president.
3) From where to get information of interest rate in RELIEF SOUGHT?
Regards,
Aniket
1. All reliefs to be asked for in the end as shown in template. So put each point for 1. 1 lakh + 2. Compensation/penalty/damages etc for harassment, time spent following up etc; 3. Costs of visit to consumer forum etc., and add legal costs of advocate in case you hire advocate. 2 and 3 can only be an estimate, and forum may award at their discretion based on your evidence and arguments. Don’t ask for too little, in my experience it creates little incentive for OP if you ask for 1 lakh booking amount + 5,000 as penalty.
2. For 1 lakh or below, fees is Rs 100. For more than that you can check consumer protection rules as given on this site too. Yours will be for more than 1 lakh since that is booking amount itself.
3. My guess is the interest amount should be mentioned in Rules of Karnataka or whichever state related to consumer protection act/rules, or if not there then it will be from rules for interest rate paid in civil suits.
Dear Sir,
Thanks.
As per your other post, fee of Rs.100/- for claim upto 1 lakh, while Rs. 200/- for above 1 lakh upto 5 lakh.
I was confused about fee, as my basic claim is only for 1 lakh. But in case forum may award for additional damages it will sightly more than 1 lakh (definitely less than 5 lakh).
So I will pay fee of Rs.200-.
Regards,
Aniket
You have to ask for whatever damages/penalty/compensation you ask giving justification etc too in complaint itself. What may be actually given from asked amount is court’s discretion. Because courts in general don’t give what is not asked for, and legally too, other party may object if court gives more than what was asked for.
My self Chandrasekhar, I am facing one problem which is that Rs.9999.00 amount debited from my acccount without my knowledge on 11-17-2016. Then i approached to bank and customer care officers. I have submitted all requested documents and also they requested HR Letter which shows my presence in my office on particular day, but i am not able to submit HR letter because company not supposed to give HR Letter for personal account issues. If you want the information of where i have to stayed on that perticular transaction happend day. That information is available in Post Paid Bill (Vodafone) in that you will get the date, time and location every thing. So i dont know why Officers asking HR Letter instead of Postpaid bill. Please please dont play games with customers, the amount which i lose is very important for me. Dont close the Service request (SR 453219176 – Issue). Give me proper response and dont delay my money.
If the bank statement shows it to be some kind of error by bank, then you can as well complain to banking ombudsman.
Else if you suspect fraudulent transaction by someone then you need to file complaint to police first. Without that whatever you do will be waste of time, since it is not core job or responsibility of bank to investigate a crime where you are the victim.
Sir,
Could you please point me to a template that I need to use in order to send out the Legal Notice ? I am facing issues with my water purifier Kent Ro Systems. ( Within a year the Kent RO System has failed 3 times and the last time it has flooded my house and I have incurred losses worth almost 1 Lakh) Even after repeatedly calling them they are not responding to my service request and everyone is turning deaf ears to us. I have filed a complaint against them in the National Consumer Forum. I need to send out the notice to them by speed post. Please suggest me if I should I use this template; in the above link.
I really doubt you need to send any notice to OP by speed post, but the consumer forum will send copy of complaint (and they take prepaid postage stamped envelope for same purpose). That’s the reason they take 4-5 copies of complaint, so that one copy be sent to OP as notice of complaint.
Dear Sir,
I got married on 15th November 2015 from January I have been following up with the photo shoot guy he was giving one or the other reason and escaping finally by beginning of this month that my Wedding reception video was corrupted and he cant give me only the wedding shots he can give so I asked him 50% refund of my payment which he is not ready to and he said do what ever you can. please let me know if I can raise a case in consumer forum, because this is one event in life and seriously miss this as I spent so much amount in my wedding but I dont have any proof for memories so plz suggest and this pain should not be felt by any other person
You can file case in consumer court. Don’t know how someone can make one wait for so long for video shoot.
Hello Sir,
I ordered Iphone 7 on October 28,2016 at Amazon India. But inside the delivery packet I got Fena Washing Bar instead of Iphone 7 on November 03,2016. Without wasting any time I contacted the Amazon India and they asked me to send the photos of the delivered product. I sent them the photos and they asked me to wait for 48-72 hours. Sir, 16 days have been passed and still my issue has not been solved. I have been asked to wait for 48 hours everytime when I contacted them. I made the payment online through net banking of Rs.56340/- . Sir please help me out, what should I do so that I can get my money back.
If you have sent the requested information and they keep delaying without giving any reason then you can approach consumer forum
I had one desktop Lenovo C440, which was put to Caddons computer services p Ltd on 03 Sept 2016. Earlier they promised us, they will resolve it. after 15 days they said, mother board has to be replaced. I agreed for the same accepting their quote for INR 13513. Even after 58 days they are not in a position to say, that the system is repaired and ready for delivery. The system was used by son, who is in 7th sem engineering, where he was using the system for all his project works, and CAD. Till date Caddons is not a position to tell us, when the system will be replaced with mother board.
Can I approach consumer court. suggestions, guidance please
You can approach consumer court… it’s similar to often reported motherboard issues, where service centre takes the device (mobile/laptop) and is unable to fix it even after couple of months. My guess is when they say motherboard to be repaired, it probably means they don’t really know what to do, and you won’t see your device for a long, long time.
Hi,
This seems to be a very informative post and hence I thought I will share my experience about CORE.NIC.IN.
– It’s pretty much spineless.
– But that’s not the real problem. The real problem is they don’t give two hoots about your complaints.
Yes, three years ago I had a response within 15 days and also a message was sent to the business I complained against. But my last two complaints? I kept checking status, again and again and when I noticed there was no response after 5 months, yes 5 months (in the meantime I had called all the listed numbers, and emails – most which bounced or call didn’t go through), I finally found some of the “secretaries'” Gmail IDs and sent a reminder on those emails and I kind of forgot, or gave up. Then after a good 11 months from the time I complained an email, from a personal Gmail ID – supposedly someone from CORE, was sent to the business. What was different was that in earlier cases (when the response was quick) even I used to get the response in CC but not this time. So the business called me once and then probably they realised CORE is just an organisation where some people got to get a salary while occupying a building or so and they outright ignored the CORE’s response. I talked to some people on forums and even my friends and they shared similar experience regarding CORE.
So yeah,
– CORE is a pretty much waste of time.
– Besides they are not a Govt entity while being a Govt entity (yes, this was the gist of the conversation when I was able to connect to one of the given phone numbers and was outright refused any status information or even a hint about where instead I should call).
It’s very much possible they are aren’t always effective. In fact, I had stopped putting complaints because either the site won’t work or the status won’t get updated.
They are definitely a govt department, but they are more of a facilitator and awareness department, with no real powers to summon or start consumer proceeding against companies. Probably earlier, the companies were a little conscious of their name being mentioned in CORE site, but maybe CORE themselves have dropped the ball in terms of following up; and companies have realized they don’t have real teeth so why bother; let a person file complaint in consumer forum, and most people don’t go that far.
Also, later the new helpline cum website National consumer helpline http://www.nationalconsumerhelpline.in/ was opened, and they seem to have duplication of what CORE was doing, but they seem to work based on my own 1 interaction, and from feedback by others. But they are at least clear in their methodology which is that they are helping people to follow up with company using written letter etc, and if the company still doesn’t budge, then to file consumer court complaint. Legally, that’s the way to get a company to face you if they don’t heed to your problems.
Short of going to consumer forum, the best alternative is to defame the bad practices pf companies on social media, mouthshut.com, blogs etc. I have seen companies are quite sensitive to such public feedback, even if your blog is read by 30 people in a month. I have got issues resolved after I posted reviews on companies on this site, and some of these posts don’t get that much visits either, but somehow it makes a point to them in a way that individual phone complaints and emails don’t.