Every problem doesn’t need one to go to consumer court, but I won’t stop anyone if they want to
Having received many questions on a popular post on how to file a consumer court complaint (in Bangalore), I have decided to give some alternative and easier steps to take before thinking of filing a consumer court complaint.
If I see the maximum number of problems based on comments and emails received, they fall into these categories:
1. Defects found in newly purchased mobile phones. I suggest to follow up with manufacturer directly as part of warranty, unless this is something which is solely a mistake by retailer. Usually retailers will give a new phone in an unopened box, and many people are livid when they find on opening the box some obvious defect in the phone. Well, the retailer didn’t open the box and put the defective piece there so it is like one of those rare cases where you got the box with a defective phone. The right way is to call the retailer for advice on best way to follow up, because he might be able to expedite a replacement or repair. But don’t haggle with him if he says you have to follow up with manufacturer directly. That’s the truth: warranty is given by manufacturer and not retailer.
NOTE: mobile and smart phone related queries seem to be a common issue. But what I am seeing is that people haven’t done much homework BUT probably expect an easy solution after sending me an email. No, it’s not that simple. Read the terms and conditions of the retailer, the manufacturer warranty etc; try those solutions first; and then try the online govt portals below, and only after these don’t work start thinking about filing consumer complaint. Because a consumer complaint will anyway take more time to resolve, so it should be used for serious issues and you should be willing to spend a little effort and be patient for a few months at the minimum. If you don’t have a usable phone in the meantime, buy a new one and claim return and refund for the problematic phone in your consumer complaint.
2. Fees for a service taken in advance, service not taken by customer, but company not refunding the amount. I advise to follow up in writing with the company, and then with government consumer sites, and going to consumer court as the last option.
3. Telecom complaints related to mobile/data pack/3G/ internet/broadband/DTH: Mostly these are of the variety that a bill or extra charge has been levied for a service not consumed. Or the company has charged for repair of modem/router/settop box when it should not. These are again some of the problems solved most of the time by opening complaint on government sponsored consumer sites.
4. General complaints about defective product. Try government sites below, failing which consumer court.
The government sponsored consumer sites
The websites are operated under different ministries, and frankly I don’t see any information as to how they are related to one another or which one is better for what kind of complaints. Basically, it seems each ministry/department has got some budget sanctioned and they are operating their own site without much concern about if the same is being duplicated elsewhere or how best to coordinate among themselves. I right now don’t have the time to get into finding out which consumer site is for what purpose when we are already frustrated with pending consumer issues! But would welcome if someone can share their feedback.
1. CORE website http://core.nic.in/. This site is operated by Ministry of Consumer Affairs, Food and public distribution. I used to like it a lot initially and solved many small and refund issues through them, even though it used to fail in complaint submission many a time. Lately I have been completely frustrated due to the server busy error at their website almost all the time, and have stopped going there. Which means these days I derive my satisfaction vicariously when someone else files a consumer complaint or gets his/her problem solved
2. National Consumer Helpline 1800 11 4000. I haven’t used it but got to know recently when someone commented about his own consumer issue. They also seem to be under Ministry of Consumer affairs but not clear why they need to duplicate what CORE website was already doing. They stress on the word helpline and provide toll free as well as paid phone and SMS based help. From their site:
National Toll Free No–1800-11-4000 Other users can dial- 011-23708391 (normal call charges applicable). SMS can also be sent to +918130009809 (charges apply) mentioning the name and city .
They do seem to have online complaint link also. I haven’t tried either one so far.
http://www.nationalconsumerhelpline.in/ComplaintFile.aspx
3. Banking related complaints. Though I haven’t received lot of such complaints yet, the banking ombudsman is an authority to approach for bank and credit card issues. I successfully got reversed late charges by Standard Chartered bank which were not late according to me since I used to pay around same time every month, but just before renewal of card (another standard trick) they had levied the late charges. The procedure to make complaint with them is that first you need to file complaint with the concerned bank, and on unsatisfactory reply you can go ahead and complaint to banking ombudsman. As of this date, they seem to have an online form for submission. I believe I had used it earlier to send an email complaint along with scan of the letters but don’t remember exactly whether I had send a hard copy also by speed post. Someone can confirm if the below website for online lodging of complaint works for them (it gives security exception so you have to make whitelist/exception for this URL in browser):
https://secweb.rbi.org.in/BO/precompltindex.htm
4. Insurance related complaints. Have received 1 query related to insurance. You can try complaining to company first, then IRDA (Insurance Regulatory and Development Authority), and then consumer court if all else fails. For IRDA, many years back I had filed a complaint via speed post but not sure if they have an online form too.
5. TRAI (Telecom regulatory authority of India): For complaints more related to policy like about terms of service, service etc of all telecom and DTH issues, you can approach TRAI. I had approached them many years back about an issue with Tata sky alerts shown on TV, and they did follow up with Tata sky who replied to me on that issue. But in general, I don’t have much hope with them given they allowed mobile operators to run spam SMS and telemarketing operations through their networks for many years without imposing meaningful penalties to stop those spam SMS and phone calls.
shubhra singh says
Where to start don’t know with the disappointment at the M.A.C store in phoenix market city Bengaluru.Last month I went to the M.A.C store and asked for a foundation suiting my skin type (light to medium coverage, sheer, something that hydrates) and a bb cream for daily use matching my skin tone. The expert suggested Studio fix NC25 & a bb cream. I bought those two, and a moisturiser, highlighter and eye make up remover (total- Rs. 11,500). I also wanted to buy a lip colour but since it was 7:30 p.m. (store closing time 9p.m.) the people at store were not interested much in showing anything else and were busy talking about there colleagues.
Anyways, I used the product just last week and the foundation and bb cream turned out to be horrible looking on my skin, (blotchy, cakey, dry, led to breakouts on forehead and turning grey after sometime). Clearly both were not meant for my skin type and complexion.
I went to the store on 23rd august, explaining the problem, they tried the products on me and could clearly see it was not suitable for me. They agreed to exchange it . But just before billing, the so called expert had a quick discussion with another employee, and they had a smirk on their face. After being told to come back in an hour, when I went again I was told that the system is not working so they cannot exchange the product now and to check with some other store. Although I could see they were doing billing for other customers.
Next day, I again had to go to another store far from my place, and they denied again saying their system is not working !!
This is really harassing experience. I was even told by the same guy that its his job to show me products, and if I can’t understand a simple thing he can’t help me and he looked at his colleague and winked at her and left for assisting other customer.
Throughout all these I had been very patient and polite with them, just expecting that the issue be resolved. But it seems to go in vain.
such a humiliating experience. It would be really helpful if you could tell me how to proceed with complaining.
videv says
It seems very expensive purchase to me for a few creams etc, though I am no expert in these things.
My sense is they are trying to escape from exchange since they are fearful it will be like admitting their mistake. All this “system not working” is standard type of excuses. You can complain using the format in “how to file a consumer complaint” post. I doubt being polite with them will help anymore… but maybe you can try a phone call and consumer court threat as a last resort just in case they change their mind.
Shubhra says
Thank you !! It worked 🙂
I called up the manager and explained everything and told him i am going to the consumer court. They asked me to come to their store and exchange the products. I went and had my products exchanged also i got store credit. Just that they were a bit rude but I ignored 🙂
Sandhya says
Hi
I have an issue with my designer boutique. She has screwed up my 3 designer wear material bought from herand the total cost comes upto 10k n now she is asking me to adjust for her mistakes(which she agrees) but I do not want to. What do you suggest.
videv says
>>adjust for her mistakes… Does it mean forgive the whole loss done to you, or she will try to salvage the situation? Not sure how much can be salvaged for something like designer wear.
It’s up to you whether you want to accept her offer to fix things, or forget the loss… else you can approach consumer court.
Meghana says
My mobile number appears on a certain webpage, and this number should be removed from that webpage. I have informed the concerned organisation (mentioned under ‘contact us’ in that website) by mail and through phone, to remove the number. But they say that they no longer maintain the website and hence will see if anything can be done. But I dont see any progress from their side and I have been receiving unwanted calls on my number. Can I take this to the consumer forum?
videv says
How the number reached there is also important… if you put it yourselves then they may be lax about it, but if someone else has put it there either by mistake or as mischief, you can ask it as your right for it to be removed.
you can also go to whois.com and type domain of website to find latest owner/contact information (assuming it’s not private, mostly it’s not). At least that person won’t be able to wash off his hands saying they don’t maintain the website anymore.
You can go to consumer forum if you have a consumer to business relationship with that website, and that’s how the number reached there.
Meghana says
I was earlier with another organisation, and thats how my number got in there.
Though, the concerned person/organisation should be able to remove/edit content on their websites, when the information is no longer valid. Thank you for the information anyway.
Lokesh Mangala says
I had acquired a home based data entry work from E zone Info Solutions, Ahmadabad by paying an amount of Rs. 26,000/- as registration charges. The agreement between me and the company says that the 1st payment will be given within 27 days of submission of 1st workload and within 15 days of submission of next consequent workloads. I submitted my 1st workload on 19th April 2016 and 2nd workload on 22nd May 2016. Till now i have not yet given any payments. When i follow up with them they say that the QC report of my work is under query. This is the same robotic response they are providing me since the last one month. The agreement also says that if i don’t get any response from the company regarding the QC report within the stipulated time then my work has to be considered as 100% correct and payment should be made to me in full without any deductions. This company is based in Ahmadabad and i stay in Mumbai. This company offers such work to people all over India. Now they are not responding to my calls and emails since the last 10 days. I have all the records of conversations of Skype with them wherein they had made promises about giving me my payment. Please advise can i file a case in consumer court for compensation for the entire payments of both the workloads submitted by me? Also, can i file a case in Mumbai itself? And, which authority i should approach to seal this organization so that they do not dupe other people?
videv says
Since they are giving work all over India online, filing in Mumbai may be possible… but I really doubt if this falls under consumer court since it seems more like a business to person, or employee/contractor kind of relationship between the parties.
Neha says
Hi Videv,
This is Neha. I have an issue with an e-commerce website “StreetStyleStore”. it’s the same old story that I ordered 2 pair of shoes and paid them. They haven’t delivered the product yet neither they are refunding the money. They never respond to emails and their calls are always busy. About refunding, they have a policy that ” they don’t refund”. But they also have a policy that they will deliver the product in 3-21 days and I had placed my order on 4th April!!! So you see, it has been way more than 21 days.
Now, I tried lodging a complaint on http://www.nationalconsumerhelpline.in/ComplaintFile.aspx but I didn’t get this company name in their dropdown. Also, I couldn’t lodge the complaint. I tried calling on the number that you’ve given but no one picked the call.
What should I do next?
Thanks
videv says
>>About refunding, they have a policy that ” they don’t refund”.
that’s BS… if someone can’t deliver product, they have to refund, and possibly pay penalty but that’s more in commercial contracts. In general, I am cautious in dealing with any ecommerce firm except the 3 biggies, to avoid such issues about delivery/shipping etc.
http://streetstylestore.com/index.php?id_cms=3&controller=cms
I checked their terms and it mentions refund but very conveniently they haven’t mentioned about delivery times, and what happens if they don’t deliver… How convenient! it must be the mom-and-pop equivalent of ecommerce store. You have to check the order receipt about delivery date/time and use that … if it doesn’t mention then 2-3 weeks is more than reasonable time for delivery anyway in all parts of India.
National consumer helpline is like a helpful portal by govt, it’s not a consumer court; so if you want to you can complain to consumer forum now.
Ajay says
Hi Videv
Excellent post, havent seen anything like this before.
I had purchased a car, later on realized back speakers were missing from factory or showroom. I also do feel that the test driven vehicle and the model given to me has performance issues. I am asking them to certify if everything else is fine and give me in writing that any manufacturing defect will be taken care at a later point in time. They have categorically said no to this. I have returned the car to the showroom and there is a gridlock.
Do you think i can approach consumer court for this?
videv says
>> I am asking them to certify if everything else is fine and give me in writing that any manufacturing defect will be taken care at a later point in time
Manufacturing defects are covered part of warranty anyway, so don’t know what are you trying to achieve that by getting in writing.
>> I also do feel that the test driven vehicle and the model given to me has performance issues.
You don’t have much reason to complain about test vehicle unless you are some kind of quality inspector. For perf issues in purchased car, if they don’t resolve you can approach consumer forum with grounds of lack of product quality.
crb says
Hi Dev,
Nice to see such a wonderful website related to consumer issues.I would need your inputs on a similar story which i am going to explain.
“I opted for a resume writing service from company called Venus Resume which is a mumbai based company, i pad the fees through online, after that they said that i am going to receive call from writer, I have not received call after that, Now i am following themm through phone and they are not responding.Could you please tell me what should i do, can i can file a case in consumer court in bangalore since i am bangalore based.
Your inputs will be highly appreciated
videv says
yes you can file in Bangalore… they accepted payment online and would deliver the work online, so effectively they have become like a e-business. If there is a jurisdiction issue, either the forum staff or at first hearing the judge may raise question; and you can give same logic that if they are taking payments all over India online, why can’t they be liable to all India jurisdiction wherever they are getting clients from.
Cherian Kunnath says
Hello,
I recently got a website created by a web development company for my business. The website got hacked within 8 months of operation. The company claims that I occurred since certain plugins were not updated from my end which caused the hack and are refusing to help to sort it out without payment. And even with payment they are not promising any timeframe in which the website can be restored. The plugin updation or any other maintenance advice was not provided upon delivery. Now the company has stopped responding. What is the best course of action here?
Regards,
Cherian
videv says
they may be telling the truth… plugin updation and ongoing maintenance should be mentioned in contract else the contract ends when the website is delivered. In any case, it’s B2B so not consumer but civil court jurisdiction.
Ravi says
Hi Videv,
I had bought a property 15 years back in bangalore with bank loan. The developer had handed over the final documents to me but gave only a copy of the final sale deed, the original was to be given to the bank. The developer had also given an undertaking to the bank that he will submit the original sale deed to the bank & will not give to me.
Now I have cleared the full loan amount, now the bank says it never received the original from developer. I had communicated multiple times to the developer, met them, they also have no record of my original sale deed. And now they have stopped responding.
Please advice whether I can approach consumer forum against the developer? Thanks
videv says
>>now the bank says it never received the original from developer
Your bank seems to be run by some morons, who give loans without keeping sale deed; but in any case now the complaint lies against the developer.
Mahesh says
Hi Videv,
Excellent blob with great information !! Thanks for it.
I had traveled with my family to a South-East Asia trip in Dec ’14 covering Thailand, Malaysia, Singapore, Indonesia & Vietnam. As I and my family have traveled quite frequency, we prefer to make our own plans & arrangements. As the above needed Visa for few countries, we wanted Visa and Air tickets to be booked thr’ Neptune Travels & rest of the arrangements done by us (like hotel stay, tours and so on). We were told only Malaysia & Singapore Visa is required, as rest we could have on-arrival visa. Travel went fine when we visited Malaysia, Phuket, Bali & Singapore. When we had to travel from Singapore to Vietnam, the airlines enquired about pre-approved letter which has to be got from Vietnam embassy to get on-arrival visa. This wasn’t available with us (we were unaware of it) and all the plans, tours and stay had to be cancelled. With no other option there, as our next destination was Bangkok, we paid for fight & additional stay at Bangkok … and continued our trip.
The travel agent denies of any Visa for Vietnam and claims their service only for Malaysia and Singapore. While we had completely believed them, now we have lost our visit to Vietnam & also all bookings done there, in addition to extra cost incurred in Bangkok. We tried to meet few local lawyers to apply for consumer forum, but they were hesitant. I’m sure this is a case of ignorance and negligence of Travel agent not understanding the necessary requirements for our trip. I would like to go to consumer forum to file case on this. Is this possible & where should I go ?
videv says
You haven’t mentioned your location and of the travel agency. You can file to consumer forum in local city wherever you booked ticket, assuming they are in same city.
Sushma B N says
Hello Sir,
We have purchased a popcorn machine and a sweetcorn machine from one of the manufacturer and both the machine are giving electric shock and the machines are not upto the satisfactory. The vendor is also not responding for repetitive calls. Even though the manufacturer had said it has one year warranty he is not providing service as well. Kindly advise.
videv says
If machines are for personal use, consumer court can be applicable, but not if they are bought for business purpose
Nikesh Jain says
Hi,
Please hep me! Last Month on 20th & 21st October, i had been to china on business trip. I had BSNL postpaid sim card and activated international roaming. I disconnected my mobile data and was using wifi where ever it was available. When i return back to Bangalore after 2days, they disconnected my connection and reason was ” Billing amount to Rs, 3,85, 652.00″
I went to BSNL mobile telecom accounts department in Bangalore for clarification, they answered me that this is computer generated bills and we cannot help in this regards, you need to pay full amount to continue service. They also said me that, you had used other countries servers for which they have charged me this amount.
Please help me out with what can be done now.
videv says
You can approach consumer court with the facts. Most phones will have statistics of how much data used over wifi vs on mobile data. Take screenshots of that, and that mobile itself can be used as evidence (for showing, not handing over to judge).
Mistakes are made even in computer based billing as we read many news stories of electricity bill totalling few crores sent etc to some poor household, so BSNL has to give better reason than that.
Syed says
Sir,
I booked a family holiday with Lakshadweep Holidays, and paid them the full package fee for four people. I live in Bangalore with my family. One needs a permit to travel to Lakshadweep. For that purpose, I sent him my UK passport as identification, one month in advance. Three days before the holiday date he sent a mail saying UK citizens are not allowed in Agatti Island, so they have changed our stay to another island, which was acceptable to me. Now one day before the Holiday, he sends me a bill of 20,000 Rs as boat charges, something that was not mentioned in the original package at all. I told him adding extra charges on a pre-paid package tour without notice is unfair trade practice, and these extra charges are not acceptable to me, and I wanted my holiday cancelled and all my money returned. WHat options do I have if he does not return my money?
Regards
Syed
videv says
consumer court…I doubt other options will have much effect
sandeep k m says
Hi Videv,
I bought LG G4 phone on 28th july 2015 by paying 50,000 in reliance digital, since then i’m facing lot of issues with the product and minimum 4 times in service centre.
1. Battery issue.
2. Heating issues
3. Display issue(replaced with the new display)
4. Phone is dead(current problem)
Now they are ready to replace the motherboard itself but i don’t want my phone to be replaced with all new parts, I asked for replacement of the product but they are not ready.
I’m really tired of this phone and roaming around these people.
Can i file a case against them. please help me.
videv says
Yes. you can go ahead with complaint. Read the fine print, they may be right legally that they will try replacing parts, but you can counter that it’s never ending so it’s gone beyond normal servicing/repairs and it’s a deficient/sub-standard product, and added to that is deficiency of service; so 2 grounds there
sandeep k m says
Thnks Vived,
I will go ahead and file the case.
Narayan says
Hi Deveshwar,
Someone had booked me a OLA cab to drop me to Bangalore airport. My flight was at 9:10pm. I boarded the cab from bannerghatta road at 4:30pm and reached airport at 8:50pm due to which I missed my flight.
Delay happened because the driver did not know the road towards the airport.
Can I file a case against OLA cabs and ask for reimbursement
Thanks
videv says
I am not sure of these cabs have GPS enabled navigation because most of them have. So anyway if it wasn’t there and driver didn’t know, you have to state your case, and hope for the best. Try to check for judgments/news on consumer forum decisions where reimbursement or compensation due to consequential damage or results was given, because such a case comes into that category.
anikesh says
I purchase huawei smartphone and it got dead within 4 months of purchase during update process I have been continuously calling customer care for 22 days they are just making excuses and theyhad registered fake service center name in their website which foremost work what should I do.
Shilpa says
Dear Sir,
I have purchased Desktop PC Full System With 17 Inch LED and New Core (2Duo 2Gb/500 Gb) with Dvd Writer from Shopclues (http://www.shopclues.com/) on 31 -Oct,2015.
There was only CPU in side the delivered box, there was no LED Monitor, Keyboard and mouse. I have reached many times to the customer care for return the product and refund the money. They are always updating that their concern team will update another 48 hrs. but still not yet receive any update.
Request you, kindly advice me what I should do ?
Thanks in advance.
videv says
You can approach consumer court if you want to
SAQIB says
Hy Sir,
I paid Rs. 8000 in advance to one of the eCommerce website developing company of Jaipur on September 9th 2015 . But due to some server problems he couldn’t deliver my website and he told me before 3 weeks that he is gonna to refund my full amount. It has been 3 weeks and still he didn’t refund my amount and he is not answering my calls also. After telling him that i am going with consumer court, Today he mailed that Refund is under process.
Can you please help me out in this case.
Thank you
videv says
Consumer case is not applicable since this is B2B. You can go to civil court for relief
shilpaanand says
Hi sir please help me out with my situation I have purchased a cott an dresser worth 25 housand through bajaj finance in royal oak kamanahalli branch an I dint get graruntee an bill is also not clear I have the bill the cott an dresser which I bought is not at all worth the fitting are coming out an even I have problems with the dresser I’m very confused don’t have any idea Wat to do an the manager is not responding me how do I handle this I have to pay 8 months of emi for this worth less product please give me a suggestion
videv says
If the product is sub-standard for the price paid, you can file consumer complaint.
Barkha says
Dear Mr. Deveshwar
I have recently moved to bangalore from Mumbai and have used Eagle Relocators India Pvt. Ltd for moving my goods and car (i10)
(Site-http://www.eaglepackers.in/contact-us-packers-movers-company.php)
1. The household goods have been received in good condition but when the goods reached, they increased the price of relocation by 10K which we refused to pay.
2. The salesperson in Mumbai didnt mention anything on increased price when the goods were loaded from Mumbai but when the goods reached Bengaluru, he asks for 10K more which we didnt pay.
3. Then instead of talking us through, he refuses to deliver the car which is still in his possession. We have filed a police complain but he refuses to talk to police also.
4. Police had asked him to send his representative to talk which didnt happen.
5. Now, he is asking for full payment and only then he will deliver the car. We are at cross roads thinking some damage has been done to the car and thus he is refusing to send the car
videv says
It seems a mix of cheating/fraud and consumer dispute. Someone grabbing a car for 10K doesn’t seem worth waiting for case to be disposed in consumer court. You have already complained to police, make sure it gets converted to an FIR under appropriate section (knowing the section is actually police’s job), and follow up with RTI on police.
This company has branch office in Bangalore as per their website. Consumer case can be filed in Bangalore too for the harassment etc, even after you get back the car. But make sure you don’t sign anything that says all dues/matters are settled.
naanuswaroop@gmail.com says
Hi Videv,
Thanks for this amazing blog! It is really helpful.
I had taken a forex card from HDFC bank for my trip to Mauritius on Aug 24th 2015 with 800 Dollars loaded in the card. Due to some technical problems from HDFC side, the card was not activated and I was stranded in Mauritius without money for one week. We had only 200 dollars in cash and we were put in a precarious situation because of the non-availability of card. Our repeated calls to HDFC support and mails to the card issuing branch were received with no help at all. On returning to India, I filed a grievance with Banking Ombudsman along with detailed complaint and supporting emails. As a result, HDFC bank officials contacted me over phone and said that they are ready to pay a compensation of Rs.20,000. I do not know on what basis this amount was arrived at. I had actually proposed a compensation amount of Rs. 1 lakh in the banking ombudsman complaint.
How exactly do I proceed?
Do I stand any chance for better compensation if i reject HDFC compensation offer and wait for Banking Ombudsman to intervene?
What exactly is the negotiation process?
videv says
Banking ombudsman is like a facilitator and not a court. So if you are not happy with offered compensation amount, you have option of approaching consumer court. It’s really for you to decide. You can negotiate with bank directly and if that fails, then court.
naanuswaroop@gmail.com says
30 days have passed and there is no official confirmation about the compensation. So, the only way out for me is to go to the court?
videv says
seems so
Kumar says
Hi
In my new startup, am trying to do distribution of a foreign made hardware in India. What are the things I should include in the product manual or packing before selling to the consumers. As my agency will be responsible for selling this product in India, the concerned foreign brand will not involve in ant legal issues. So how can I deal with consumer complaints in-case if something is reported. Please advice.
videv says
It’s not really a consumer forum issue, but AFAIK if you are selling a product which may need service/repair; selling it without a defined warranty doesn’t seem like a convincing business value to customers either. Who will customers approach for any service/defect issue in product? I am not sure though whether it violates any commercial/business/sales laws. If it can be repaired by some 3rd party service centres, you may want to include them as partners so customers have someone to fall back upon, though it won’t be a service by manufacturer.
sandip deshmukh says
hi, I parched LENOVO laptop from FLIPKART on 25th Aug 2015. before placing the order I called Customer care and specifically asked him that the laptop I am going to order Lenovo laptop but it comes with FREE DOS only. so for window installation what I have to do..? or How will I get it done…? any amount I have to pay for window installation…? that customer care told me you don’t have to pay any amount. you will get window installation without any charge from any LENOVO Service centre. I believed on his words and ordered the laptop but now when visited Lenovo service centre they asking to pay 7000/- for installation. flipkart is not responding properly and even they rejected my Replacement request. what should I do..?
videv says
>>that customer care told me you don’t have to pay any amount. you will get window installation without any charge from any LENOVO Service centre. I believed on his words
Such a promise is not legal, so you can’t force them to pay for windows.
But you could probably file case on them for making a fraudulent and misleading promise to get a sale.
Manas says
Hi Deveshwar,
I have an query regarding the problem I am facing in my residential apartment. I purchased my flat in Banglore 3 years back, And I am a registered member of my apartment owner’s association. I am paying advance annual maintenance fees on time for each year since I purchased the flat.
My flat is on top floor and I am facing some water leakage problem from the roof, when I reached out to the association to fix the problem, They denied it saying that they can’t do it for individual flat and it should be taken care by the builder. When I reached out to the builder He is saying that as per the agreement builder’s handover period is completed & association should take care of it.
I was going through the “THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972” and section 6 says that common area maintenance should be taken care by Association and Roof is also mentioned as common area.
Can you please suggest Can this issue be addressed through any consumer forum portals or Can I file a complaint in consumer forum.
Thanks for your help,
Manas
videv says
Builder is not responsible, Association is responsible if it’s in common area, and otherwise whoever’s flat causes the leakage.
IF the defect was a very heavy one, then it can be said to be defect in construction itself and builder can be made liable. Some defects may not be visible immediately after possession but after few years, so builder can’t escape saying he has handed over to association. I remember reading such a news on consumer case.
I am not sure if consumer complaint can be filed against association, one would need to go through consumer act in detail.
Purn Prakash Tripathi says
Hi Videv,
I am facing a internal leakage/ moisture issue in my newly purchased house walls.I shifted in my house by end of Oct,2015. Association is still not registered.As per my discussion with association members , as this is internal leakage issue so i should contact builder for the same but Builder is not responding to my complaints. I want to know that how to register a complaint against Builder in Bangalore? Is there any online facility available for the same?
videv says
Read the “how to file consumer complaint post” for the process.
Courts don’t run online, complaint etc has to be on paper
ashish kr. says
Dear Sir/Madam,
I have sent a speed post on 7th august 2015 by india postal department. but still consignment is not delivered.
tracking number is EK581474078IN.
when i have checked india post tracking page its showing gone to other place when i have contacted all speed post department(Bangalore, Howrah, Kolkata, Barauni, Patna, Barwani NSH. they are telling we are not able to find out the consignment. i am not getting proper information.
i have mailed to member of operations also but they are not responding properly.
The consignment is carrying original copies of NOC of My Car, SMART Card, CAR INSURANCE Paper, and my LIC.
Please let know how to deal with India Postal Department bc they are list bother about my problem.
28th august is last date to submit the NOC paper in RTO.
Request you to look into this and reply me ASAP>
Thanks
Ashish Kr.
videv says
I can’t say how RTO will be interested about your misfortune with speed post. You can continue to follow with India post, and try to arrange for duplicate copy of NOC, or get NOC again by paying penalty etc if that’s what it takes.
Santosh says
Sir, I purchased the Granite for my home on 27th November from a Granite shop in Jigani, Bangalore.
Recently, I can see some pinholes over all the Granites that have been laid in all the rooms. Pinhole is nothing but a white colored chipping that has happened in all the areas.
I talked to the owner of the Granite shop, but he is not responding to my requests. Now, I would like to file a complaint against the Granite shop. Please let me know the procedure for filing it.
regards, Santosh,
videv says
Procedure is already given on this site. Take pictures of the granite slabs, and preferably take over period of time if there is continuing deterioration. That will be the evidence.
Prashant Kumar Singh says
I bought a fridge from Quikr website and made online payment of 3000 on 21st July 2015. I didn’t respond any mail for 2 days so I called them after 2 days and asked to deliver the product or refund my amount in case they are not delivering the product.
The reply from Quikr customer care executive is not that great. for past 5 days they are saying the same thing that they have forwarded my request to concerned team and I will be getting a call back soon. I am neither getting my money nor the product and no one is there to help.
Can you please advise what action I can take to teach them a lesson and get back my money.
Note: I have wasted additional Rs 200 in making STD calls to their customer care.
videv says
>> I didn’t respond any mail for 2 days
Is that their problem?
I have already mentioned on site various actions you can take, e.g. put it on facebook, social media etc. Mouthshut.com review etc. Even after they solve the problem, the review will be there and it will be valid since till that time they didn’t fix the issue.
About teaching lesson, I am not sure… if you have patience file consumer court complaint and ask for 1 lakh penalty, there are no guarantees though
Ajay says
hi Deveshwar,Nice article… Thank you.
Please take some time from your busy schedule and Suggest for below issue.
One of the worst customer service ever by Provident Housing bangalore!!(http://www.providenthousing.com/projects/provident-rays-of-dawn/)
I canceled my booking in Provident Sunworth as the amenities area is on the Banks of Nala(raja kaluve/sewage drain)and stinks.
There is no proper spacing after the Nala. There is no “No activity Zone” left after the Nala.
While booking I was promised that I will be allowed to visit site/ amenities area on one of the Sundays, but they didn’t allow, so had to by pass and reach the other end from the cross roads. Then I found out that the compound was on the Nala and amenities area stinks. Hence immediately canceled the booking for same reason.
Legally they should not charge any cancellation charges,as the fault is from their side! There is no mention of Nala in any of their ads or plans that they give to customer!
For this they are charging me 25K cancelation charge and service tax and stamp charge in total 30k for no fault of mine! Which I am yet to receive even after two months of cancelling and one month of sending the cancellation letter!!
It’s a pure case of cheating the customer! Haven’t got any response in mail about when I will be receiving the cheque!they had mailed me within 20 days of receiving the cancellation letter I’ll be receiving the advance amount! But no response till date!!When called on end of june they said fifteen days and said they will mailing me as i asked them in writing. later two days didn’t receive any mail hence called again and they are telling need 45days!! i am not sure i’ll get my money.
It has become an harassment and tension from 2 months!!
It’s because of their mistake i am cancelling the booking in that case they should not apply any cancellation charge right?
even if they charge it should be nominal, and they have to give proper service.
till now i haven’t received a response to mail or phone calls.
Please suggest how i can sue them for the losses on 1lakh, trauma and harassment!! they really need to learn lesson.
it boils me when i think about the way they treat the customers!!
Timelines:
*********
6th April i book the flat with 1 lakh in cheque.
(No documents were sent as they asked for 15days time, as standard.)
Later weeks i was not allowed to visit the site closely hence suspected about project and found about the nala and amenities area stinking.
1st May informed about cancellation both by call and mail. no response till nine days!!
Again i call up them and they asked for further time on 9th May in mail.
13 May i received a mail quoting about cancellation amount and cancellation letter that i need to sign and provide.
Even after telling them it is because of their mistake i was cancelling the booking they were not in a state to agree and said cancellation charges will be applied and will process within 20days of receiving the cancellation letter.
June 10th i sent them the cancellation letter by Courier and on 11th May by e-mail for reference.
June 23rd sent a gentle reminder as there was no call or response by mail.
June 29th again sent a reminder as 20 days was over as they had promised, asking for interest and damages made for holing my money.
No response till date!!
29th or 30th when i called, i was asked to wait for 15 days and will be responding to mail. but no reply!!
again next day i call them as there was no response and this time it was SHOCKED as they said i wont be getting my amount until the flat gets sold to others!! when i hit back legally telling its cheating, it’s not my burden as there was no agreement done yet, they threatened me telling if agreement was done we wont return even a penny and they requested 45 days as an option to me!
When requested to give same in writing in mail they said YES will be mailing right away but NO response till date.
Please help.
videv says
This is a common or let’s say standard operating procedure used by many property developers, that they will not refund the booking amount. Your only recourse is to approach consumer court.
Niketa Prasad says
Hi
I was wondering if you could help me with my problem so as to how do I proceed to take legal actions against the store.
May 28th, 2015 11:35 am IST
Online order placed for a dress worth Rs 4,990.00 at http://www.Samyakk.com.
June 3rd, 2015
The dress was delivered in Delhi.
The dress ran short so the very same day I wrote to esales@samyakk.com (as advised on the website) with my concern.
June 5th, 2015
Roopali Shah from esales team wrote back mentioning it has margin and that it can be altered.
June 11th, 2015
I checked with my tailor and wrote back to her informing her that the margin was not enough and sought her advice.
June 18th, 2015
I contacted the 24×7 online chat team and told them my concern and that I have not been getting any reply from the esales team. They said that they will take it up with the management and get back to me in 2 days’ time.
June 20th, 2015
Even after 9 days of sending the email and 2 days since the online chat, I did not get a reply. So I send them a reminder email. The online chat reminders were merely a waste of time. I again got in touch with the online chat and literally yelled at them and that is when they become courteous enough to reply.
They suggested that I could replace the product and asked if I would RETURN the product.
I asked the address that I should send the item back to, and they gave it to me.
June 23rd, 2015
The item was dispatched
June 28th, 2015
I wrote back to them and asked if they received the item and that when will I get the refund, since they had asked if I would RETURN the item. Roopali Shah replied that we talked about replacement and not refunds. She further advised that the dress has margin and can be altered up to size 42.
I think she seriously has problems understanding and communicating. We had already talked about the margin and I mentioned it to her that it was not enough. And then when I get a reply like that, It is VAGUE.
I still tried to be very patient (It has been a month since the order was placed). I wrote back to her trying to explain her everything from the scratch all over again.
June 29th, 2015
I hate this non courteous behavior and resend the same email again, hoping she reads it and cares to reply.
June 30th 2015
I specially made an ISD call at the store and requested to speak to Roopali, I know she was around but was not willing to take the call so I spoke to some girl who answered the call. When I asked her why anybody hasn’t replied to my mail yet, she says that they have taken it up with the production team and that they are waiting for a reply.
So for a store like this, does the so to say production team take so long to make decisions? I wonder how long they take to make a dress.
Then Aditi wrote back to me stating they ll take 10 days to make a dress and asked if I was willing to wait. It was like they were waiting for a call from me to ask the production team.
I immediately wrote back to her stating that I am not willing to wait n e further. This is taking way longer that it should have. I just need my funds back. I did bear the shipping charges to send the dress back to them as mentioned by Roopali. I am still waiting for a refund.
July 2nd 2015
I wrote to CEO/Director of Samyakk Mr Kunal Makana and invited his attention to the matter but he never cared to reply to my email either.
Now, they have the dress and they have the money too and it has been long since I last heard from them. Later from online reviews I realized that it is not just me, but many more people who were cheated by them is different ways.
What is it that I can do in this case to get my refund? I already post the story on my FB page, Samyakk’s FB page..but they just dont care. I live out of the country.. is there any way I can take up the matter with the police/consumer court online?
videv says
It doesn’t seem to become a criminal matter to me. Since consumer is not in India, the jurisdiction of consumer court may become an issue, I am not very sure about that and don’t have time to read the details. But the company is in India so they can’t escape that.
Usually one can ask some representative to file case on one’s behalf. It maybe possible to do it from abroad too if you follow same process of having a representative.
Rudrakshi.R says
Hi
I am using the airtel service from long time , in our area we don’t have proper coverage ,
I have been complaining from lying time it’s been more then a year ,but they r not taking any action regarding this ,for bill payment they will be regular ,but for service is not good,
I am tiered calling and complaining about the issue ,
Using the mobile became compulsory ,don’t know what to do ,they are taking advantage of our mobile usage
Plz give some advice for this issue ,
videv says
IF they take same amount of money from all customers but some customers don’t get same level of service, then it’s a fit case of deficiency of service. Either they reduce the bill or give same level of service as in other areas.
The problem is who will be the first to take action
Santhosh says
Hello,
I need your advice to decide whether to go the consumer forum or not. I have some FD’s in a reputed back for the last couple years. Since it was a reputed back and i was transacting online, and hence believed that all the transactions would be taken care automatically and i have not to worry about it.
Then recently after two years, i saw that the balance of my FD’s were not at all growing and when i checked deeper, they had not renewed FD’s worth Rs 3.5 Lakh and also there was no recording of it in bank. Recently i had to get on a call with them for atleast 6 times to make them understand the issue and i am still working with them on this. While i am sure they will fix the issue, below are centain questions.
1. The banks have to always account for my money. If they do not, isn’t it lapse on their behalf?
2. Since their was no account of my money, doesn’t this account to fraudulent practice from the bank?
3. I had to follow up with them to understand the amount i had transferred to the back and how much i should own. So this was a great lapse as from them.
Due the above reasons, should i still go to the consumer forum and complain about the bad practice followed?
Am i eligible for any compensation due to the inconvenience faced by me?
videv says
I can’t understand how banks are acting like telecom operators. But it doesn’t seem to me you know the terms of FD deposit. FD are automically renewed at prevailing rates if not renewed by customer. Because banks usually want to hold on to money they already have, so it’s not in their interest to force the customer to take it back. It would be much more difficult for them to get a new FD customer, than retain an existing one.
Now the bottom line is bank cannot keep the money without paying any interest! I suggest send a complaint to banking ombudsman. Or if you feel you have already spent too much effort etc, you can approach consumer court also asking for compensation for harassment and deficiency of service.
santhosh says
Thanks for your reply. The problem is the amount of 3.5 lakh was not at all showing up in the account. It was neither appearing as FD, nor as SB account balance. It had just vanished. I was fortunate enough to save the account statements and when i pulled them and verified, i had clearly transferred those amount. Now the bank has acknowledged their error and working on fixing it. I have asked for a completed detailed statement on this from them. I will make sure that they pay me all the interest accrued on it.
In such a case too, i definitely want to complaint to the banking ombudsman , so that no other customer will face this issue like me.
Apart from this, wondering if i should go to the consumer court even if they resolve the issue? due to the fact that i had to dig out this problem and enlighten the bank about this. If not, i would have surely lost the money.
videv says
Yes. Even if problem is resolved, you can file complaint based on “deficiency of service”. Possibly losing 3.5 lakh is not even a routine kind of deficiency of service, so you can ask for hefty penalty apart from the effort and harassment to get them to realize their mistake.
pratibha says
Hi Videv,
Thanks alot for such an informative information. Based on your blog i have filed complaint against Shriram properties who have blocked 3 laksh of booking amount of my parents.
Would seek your help further in case I would move ahead .
Thanks
Regards,
Pratibha
Vipin says
Airtel through one of its partners in the promise of providing a broadband connection of 8Mbps took the application form, Rs.1000/- in cash against installation charges and Rs.50/- in the name of Legal documentation. I checked on the feasibility of 8Mbps in that area before I paid the above amount. They mentioned the installation will be completed in 4-5 days’ time max.
After following up after 5 days, then they mentioned 8Mbps is not feasible and that they can provide 4Mbps and even that they didn’t provide after a follow-up of 1week post which I submitted another application. This time I got the 4 Mbps on time through another Airtel partner.
The problem now is Airtel is delaying the refund which they mentioned has been initiated in mid-March and the 21 days of refund period has now extended beyond 2 months.
They give lame standard template excuses, escalated till 3rd level of support, pathetic support in handling customers, cancels old request without consenting the closure of issue, have to call, wait for long time in queue to get hold of someone to open another complaint, only to realize after few days they cancel the request again. False promises of payment timelines, no proper responses. List is endless of all the trauma I am undergoing for this so called appearing small issue.
Finally I have received a cheque in 1st week of May and after depositing in bank, I was told the payment has been stopped and not only that, I was charged of Rs.100/- by the bank.
More than Rs.1000/- of refund expected, I wanted to file a case for making me undergo through all this for more than 2 months.
can you please suggest the process to file one
Thanks
Vipin
videv says
Delays in refund is common from many companies. I am surprised at how in general customer service people are kept busy in giving false promises and useless delaying tactics; for if they did some real work maybe India’s GDP could increase by 2 percentage points at least. But I guess we Indians are happy with low standards!
But stopping of cheque is somewhat bordering on completely malafide and dishonest intentions. I am not sure what inventive excuse airtel would have thought of about that. Your only option is to file complaint and ask for penalty of 30-50K at least on top of 1000 refund.
Rachanna says
Hello Videv,
Thank you so much for creating this forum. I am sure it has helped many people till now & will help more in future.
I want your help & suggestion in dealing with IFB who has delivered a damaged washing machine to me. 26th March 2015 i ordered a IFB Senorita Aqua 6.5 KG front load washing machine through their dealer in Army CSD(Canteen Stores Department) in Bangalore. The product was delivered to me on 3rd of April 2015. Later on 7th April 2015, their technician came to install & given demo. He unpacked the box & installed it & gave demo of the product. After that he gave me four big crews of close to 4 inch length which he had removed from the washing machine while installing. To my surprise they were all bent. When i asked him for the reason, he said they are minor damages that normally happen during logistics & he cannot do anything about it. when asked about their importance, he said they are used for drum locking when you are physically moving the machine from one place to other so that drum holder does not get damaged due to the weight & continuous movement of drum during transportation.
He tore a page from the manual of the machine & asked me sign it so that he can update it in the system in order to activate the warranty of the machine. I asked him to mention about the bent screws & de-shaped holes of those screws in that form before i could sign it. Initially he was reluctant, later he mentioned it on it & then i signed on it.
When he came to know that i ordered the machine from CSD, he told me that all the products delivered for CSD orders are normally little damaged & i should not ever buy from CSD again in future. I was horrified to hear this.
I called in CSD dealer to report about the damaged product delivered to me. He asked me to call customer care. When i called customer care they asked me to visit their factory near Graphite factory in Mahadevpura, Whitefiled in Bangalore. When i visited their factory & explained it in their Home appliances department, he checked if there was any update about the damage in the report submitted by their technician in their system with the help of the invoice number that i provided to them. He found out that the case was closed with successful installation & demo. He called that area franchisor to find why was it closed without mentioning about the damage in it. He told the franchisor to revisit & fill the replacement form & send it to their delivery manager. He also gave me the contact number of franchisor & delivery manager to call next day.
When i called franchisor next day he sent a technician. The same technician who came to install came & saw it & took a copy of invoice & left stating i would get a call from IFB soon, which i never got. Though i got an sms from IFB with a complaint number. I waited for a week & called their delivery manager for the update. He brought franchisor in conference with me to get clear picture of what has happened. Delivery manager asked franchisor to resubmit the replacement form to take it forward as he has not received the previous form from the franchisor & assured to call me back in 3 days. He never called back. I called him after 5 days to check the status. He said he has resent the request to the company as it was rejected in the first attempt because the company believes it as minor damage. He told me would follow up with them & call back, which he never did. Later i got a sms message from IFB stating the complaint has been resolved & hence closed.
I called their customer care to inform about the status. they told me that a new complaint would be opened & their franchisor would get in touch with us. Though new complaint has been raised, nobody called me back. Hence I called delivery manager to inform him about the sms message i received, he started avoiding my calls. So i visited franchisor office to check the status. He told me that their delivery manager has told them- it cannot be replaced & hence closed the complaint as resolved. He aslo told me to call delivery manager for further information. But delivery manager is not answering my calls.
Videv, please advice me what should i do now to get it replaced.
videv says
I had a similar experience with IFB, where they replaced a part after some 20 days delay last year, after taking AMC amount. They kept me bouncing from customer care to the local service centre. And at the time I had even threatened them of consumer court case , but I guess they were too thick-headed even to appreciate that!
To get it replaced, you can wait for few more days till they wake up from slumber. I guess their internal service standards are probably like that. You should send something in writing either email, speed post etc, because by now it seems phone calls will not work on its own. Maybe even a copy to their head office. Failing that, going to consumer court is only option.
Rachanna says
Thank you Videv. Let me see what i can do about this.
Vidya says
Hi Videv,
Looking for help/suggestion to deal with apartment builders.
we have purchased an apartmemt near whitefeild, Bangalore. It’s a 65 houses apartment getting constructed under three partners.They had promised to give us by May,2014.But still , it remains under construction only because of the conflict between two partners. So work is not progressing.
As a consumer, we are suffering great loss on finance and mental health. We does not know how to deal with the situation.The builders are not responding to any of our queries.
Requesting to guide our further moves. can we go for consumer forum ??
videv says
Promise should be in writing in a sale agreement etc. If so, you can go ahead and ask for either full refund with interest, or work out a delayed delivery with some compensation for the delay. You can file complaint in consumer court to ask for full refund with interest, and penalties; and then take it from there once they appear and file their response.
Aseem Anand says
Hi,
I recently moved to Bangalore from New Delhi. I got my stuff transported from Ajanta Relocation services. As expected the stuff never reached on time and lot of items were damaged. To my shock when i tried contacting the insurance company to file a claim i found that the insurance papers provided by Ajanta Relocation were fake. The insurance papers were sent out to me in a doc file from Mr Sunil (owner of Ajanta relocation) in an email. I tried calling him multiple times after this and he has stopped answering my phone calls. I have also sent numerous emails to him expecting some response but i havent been lucky.
Let me know if i can proceed with this issue in Consumer court. I have submitted the complaint at core.nic.in but i have not received any response. Please advise how should i proceed.
videv says
Yes. Not only consumer court, depending on the evidence, this may be a fit case for a criminal complaint too.
You need to have following:
1. Written/email from official email etc of insurance company that such policy has never been issued.
2. Email of Ajanta relocation which sent the doc attached insurance policy. If they claim this is not official email id, then you have to get police to find out whose email id it is. If they claim their system was hacked and someone else sent that email to you, then they will be in bigger soup because if their system was hacked, why they didn’t file a cyber crime complaint immediately.
Of course to claim in consumer court, you need to attach proof of damage of items/photos etc.
Ratheesh says
Hi, I have signal problem with Tata Sky now for more than 7 days. I have made at least 10 calls and several emails to address this issue. I have access only to less than 25% of the channels.
TataSky has credited the amount cost per day. But I am not satisfied.
I have emailed them that I am switching to Airtel. There is not response. Can I ask Tata Sky to reimburse the amount I paid for the set top box. If I have to switch to airtel I have to purchase a new set top box.
Do you think this is a good case to take it up with consumer court. I am aware that many tatasky customers have this problem.
I have decided to switch and have already ordered the airtel. I want tatasky to reimburse the cost of set-top box since they are not providing me the service.
videv says
Tata sky won’t bother about threat of switching to Airtel. It’s just not ‘Indian’ way of doing business, which is to capture the customers first, and then take then for granted. DTH businesses are particularly ‘suited’ to this kind of manipulation, since the subscriber has huge switching costs both financial in terms of buying new set-top box, and also the hassle of installing new dish and cabling. I don’t know how it’s in other countries, but TRAI should have created some guidelines by now so that DTH companies can’t take customers for a ride.
Based on my ‘gut feel’, I think tata sky has a major capacity issue on their transponders, or their technology of compression etc is old/outdated. They have taken on more subscribers than they can handle, and in trying to squeeze the maximum number of channels on same bandwidth/hardware, their customers are facing the hardships.
I don’t think tata sky will reimburse anyone even 1 rupee towards settop box. It’s as good a case as any to take up in consumer court. One should have proofs of no signal, and also of complaints raised. Add to it 30-50K at least as compensation for loss of service and harassment.
Santhosh Kumar says
Hello Sir,
I have recently moved (29/03/2015) to a PG in Adugodi, Bangalore. On 03/04/2015, between 1 to 3.30 PM, my personal laptop was stolen from my PG storage cupboard (which was locked), later I came to know that more than 4 rooms in my PG were opened and 2 laptops were stolen.
After this theft, I was not informed till next day until i go back to my room and no complaint was given by my PG owner to police.
My PG owner not taken any responsibility and asked me and other person who lost the laptop to give direct complaint in nearby police station and we have done the same.
My doubts are,
1. FIR was created against our complaint. What else can I do?
2. Is PG owner is not liable for this theft?
3. Is there any chances to file complaint against my PG since no security measures were taken before and after the theft like no security, no CCTV, poor quality door & lock and easily breakable storage cupboard?
4. If there is some possibility guide me how to process?
5. Is there any basic roles for PG to run in Bangalore?
Thanks and regards
Santhosh
videv says
Unless you have some evidence that PG owner was involved in it, there is nothing he is liable for. Unless the locked cupboards were under control of PG owner and they were his locks, but even then it’s just speculation.
You can follow up on the FIR using RTI to PS.
Complaint against PG can be filed if any norms of license or security norms for PGs were not followed. You can check BBMP website for info about rules for PGs, and if not available file RTI on them to get the rules. RTI process and templates are there on this site.
eugene says
Sir
I would like to know if I could approach the consumer forum with my case. I have taken a bank loan for my home. There are some discrpencies regarding the repayment about the loan. They concerned bank seem to be avoiding the issue and repeatedly avoiding tne main topic of discussion and their emails too are not in line to the query.
Please let me on to some detaols. I feel that, many are being cheated in this manner and it would be a wonderful service from your end if you could guide us in this manner
Thanks
Eugene
videv says
What kind of discrepancies? For minor things, you can complain to banking ombudsman (see Alternatives to consumer court post).
Aakash Anand says
Can I file a complaint against IOC if I get cheated at one of their petrol stations ? In Bangalore it is very common these days. The operators will just say they have filled up and reset the machine while they distract you by saying some or the other thing ? I got one of them to confess that they did it . Is there a easier way to sort this out ? Kindly guide me.
Thanks
videv says
The easiest way is not to get distracted.
Else record it, either video or audio. Then it may be easier to file complaint to IOC because otherwise even if it happens again they will use their Indian style solution, give a slap on face to the petrol attendant, and you will have no further recourse but to agree with it since a guy has been slapped already because of your complaint. Basically we Indians are great at doing emotional dramas, rather than finding a permanent solution, so these things keep going on.
C. Manojkumar says
Dear Videv,
I had purchased a Karbonn Mobile phone (S5+ Titanium) online from Amazon.com on 13th July’14.
On 27th Dec’14, the handset developed microphone problem and I searched for service centres on internet and got the nearest centre- Padmavathi Telecoms (authorized service partner) Contact Person Mr. Praveen Address #1, 1st floor, Gulappa Bld, Next to SBI Bank, Kammanahalli Main Road,
Bangalore – 560033 Contact number 9242414814 / 080-41683769 Email Id payaltele@gmail.com. The phone was handed over and Receipt No. 51002 dated 27.12.14 was issued. I was asked to come after 2 days. After 3 days I was told the strip needs to be changed. After a week, I was told phone is misplaced and after 17 days I was told phone is with service centre.
After 30 days, I am told that the phone is with service centre at Indiranagar and contact person Mr. Rejeesh is on leave and I should wait.
I am not sure what is happening. We are in 21st century and I don’t expect such lame excuses. How much time does it take to replace a strip or any component. Hardly 30 minutes and why I am being taken for ride. Where is the credibility of the brand. If Karbonn wants to survive, they should authorize qualified persons and agents to run the business.
I had reached Padmavathi Telecom based on internet search for service centres in Bangalore. This vendor has subsequently handed over the phone to Sree Mobile Point, Coles Road, Bangalore (Contact person – Nitesh). Further details not known.
Every time I asked for my phone Mr. Praveen (9242414814), I was told I would get by EOD. For the last 30 days, it was the same answer and on 17th Jan 2015, when I went personally to meet Mr. Praveen, he has informed the phone is with Service Centre for change of mother board. I am not sure whether he is right or wrong.
Totally, I am shocked why would Karbonn, would employ such agents who are unable to deliver goods service to the customers.
I escalated with the manufacturer, who insist I should meet the service centre. Now Padmavathi telecom persons have started to behave rude and challenge me to either wait or do whatever I can.
Problem is I don’t care about the phone, but cannot accept the way they are behaving. Please help me to take suitable action against the erring persons and the company for inefficient service.
Rgds…C. Manojkumar, 9740980474
This mail is intended to provide me with immediate replacement as I have already filed complaint with consumer forum.
Please let me know if anyone from the company should be looped in this mail. Kindly revert.
My alternate number – 9740980474
videv says
>> This mail is intended to provide me with immediate replacement as I have already filed complaint with consumer forum.
Well, you can ask for reliefs in your complaint to the forum. If you want some additional relief, it maybe possible to amend the complaint. But I am not too sure about that, so pls ask the admin persons in your assigned consumer forum where case is being heard.
Mayil says
Hi Videv,
I am really happy that i stumbled upon your website. There were quite a few instances in the past for which i wanted to file a case with consumer forum but always skeptical because of the incorrect information i got from people around and advices like “Leave it here. Don’t invite further troubles”. Now that i come across like-minded folks here, i feel reassured.
Now the actual issue:
I was on a trip to Rajasthan in Dec-14. We went to visit Chitorgarh fort and the guide offered his services for INR 100. At the end of the tour inside the fort, he took us to “Rajasthan hast kala kendra”, which the shopkeeper claims to be a government owned one. Long story short – I was concerned that i do not have much space in my baggage to carry any shopped items. So they offered to send it to my me over postal parcel service. He showed me heap of parcels lying in the shop to be dispatched and assured that i will receive the goods in 4 days. I purchased on 31-Dec-14. It has been 16 days now and i have received none. I have called them at least a dozen times and as seeking one simple information – the consignment number of the parcel they claim to have sent to me already. There is no proper response and they keep the receiver off the hook sometimes. And sometimes they yell giving the standard statement – “you will get it in two days”. I am hearing the same from 4-Jan- the first time i called-up.
I suspect that they have not sent any parcel at all. I paid INR 1500. It seems to be a racket involving the tourist guides and the shop. The only reason i bought stuff from them is because they assured delivery over parcel service. I see similar complaints about these folks – mostly around the quality of products delivered.
This cheating happening on the name of “government run” shop should be stopped. Even though the money involved is not much, i want to fight this because they claimed that the money to goes to a trust which takes care of the local childrens’ education. The only proof i have is the receipt i got for the purchase. Please advice on how to proceed.
Thanks in advance!
Mayil
videv says
The receipt is a good proof that you purchased.
For delivery on the spot, there is no further proofs required from either party, unless there is warranty issue later, which is a different thing altogether.
Here it’s a basic non-delivery of goods itself. There maybe something in sale of goods act about this. I haven’t read that.
You need to prove that goods were not delivered on the spot. Maybe the receipt says something to that effect. If so, your case is foolproof in theory at least.
If not, you need at least some voice recording where they say that you will get it or it’s on the way.
After some proof like this of non-delivery, you have multiple options open like filing criminal case of cheating etc under IPC. Or consumer court case. Or even both should be possible. Carrying it out practically seems difficult in your situation.
1. Or try something different, like complain to Rajasthan or Chitorgarh tourist dept with written letter sent by speed post. Give copy of receipt, other proofs etc. Write in complaint that such shops using name of Rajasthan are damaging tourism, damaging name of Rajasthan etc, add such points. Ask them to put pressure on shop to clear ALL pending deliveries of customers.
2. They may or may not respond. If they don’t respond within 20 days or so, file RTI to get status of your complaint/letter
3. If they don’t respond within 30 days to RTI, file first appeal.
4. If their tourism dept or govt doesn’t shut down the shop, or stops this practice; at least you will have the satisfaction of having tried everything possible.
Info on RTI and first appeal is available on this site itself under RTI.
shweta says
Hi Videv ,
I had booked a hotel room with makemytrip.. But the room which is provided to me doesnt have the same facilities which are mentioned on makemytrip site. I talked to the manager and he told me that this is the most they can provide in this room and rest of the facilities are mistakenly mentioned on makemytrip site. As i was tired from journey thats why I dont want to look for a new hotel. So i stayed in the hotel.. But then the Manager that he will try his best to provide me most of the facilities mentioned on the voucher.. But he didnt.. Later As clearly mentioned on Makemytrip voucher Terms And Conditions.. I was eligible for the full amount refund in form of Makemytrio vouchers..i.e. Vouchers worth Rs.3600. I requested and claimed my vouchers within 24 hours of check-out time as clearly mentioned on there Terms and conditions..
Now firstly they kept me waiting.. After a long communication they got ready to refund rs.500, again when i rejected that they increase the amount to 1000 rs.. And now they came to 1500..
But my claim is worth Rs.3600. Why should I settle for less..
And after I told them I am not ready to accept 1500 and I want full refund..
They initiated the refund without my consent..
Now please guide me how can I file a case against these people..
The main issue is not regarding money.. Its about how can they lie like that in the face of customer..
And why they wrote Terms And Conditions when they all are a lie..
Please help me Videv.. Its almost a month and they are really giving me a hard time..
Shweta
surat chander says
To:
Subject: Reference ID:[150103-039500] Step-1 Complaint Registered Hotel accommodation not provided as per our booking
Date: Sun, 18 Jan 2015 21:28:55 IST
Dear sir,
I have not received the reply of my e-mail dt.11.01.2014 regarding the above
said subject. I am not satisfied the provided services given by you at hotel
DREAMLAND in Shimla from 27.12.2014 to 29.12.2014.
It is cleared that the hotel Dreamland has not 2 super deluxe suite and
not provided the 2 extra bed.So that you have not fulfilled the agreement
and you are liable to refund the total booking amount as per the contract
act.
You have also committed the reply up to 14.01.2015 of my last e-mail.
Your toll free numbers has not matured and never talked to your
executive.Please set up the grievance cell and show the number on
any type of adv.
You are requested to solve my case within week.
Thanking you.
suratchander
Hi surat chander
Dear sir,
said subject. I am not satisfied the provided services given by you at hotel
DREAMLAND in Shimla from 27.12.2014 to 29.12.2014.
It is cleared that the hotel Dreamland has not 2 super deluxe suite and
not provided the 2 extra bed.So that you have not fulfilled the agreement
and you are liable to refund the total booking amount as per the contract
act.
You have also committed the reply up to 14.01.2015 of my last e-mail.
Your toll free numbers has not matured and never talked to your
executive.Please set up the grievance cell and show the number on
any type of adv.
You are requested to solve my case within week.
Thanking you.
suratchander
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videv says
No idea what is the question here.
Vandana says
Dear videv,
I was hoping you could help me understand if my problem can be solved by going to the consumer forum/court. I have paid an advance amount of INR 6000 to a beauty parlour for my wedding day. I have a bill for this from the parlour. The 6000 is inclusive of a trial to decide the style etc. However, after I got the trial, I was unhappy with the parlour’s service and demanded a refund of the amount less the trial amount. The parlour is refusing a refund and instead expects me to avail services worth 6000 at the establishment. All I want is a refund – not even of the entire 6000 but of the amount after deducting the trial charges. Is there another way to solve the problem?
videv says
If trial was given to select and decide on the available styles, then they can argue that the fees is not refundable, the trial is meant only for selection.
If however your trial experience was so bad that no reasonable person can go ahead with the service after that, then you can ask for refund but you have to explain that their service would have been really not worth it and deficient (“deficiency of service” had it been taken). They might just listen better once they get notice from consumer court, so that’s up to you entirely.
Karan says
Hi, I needed your advice as to how do I processed on the below case. I had gone to the website of jet airways and booked a ticket from Bangalore to Chandigarh and as I made the payment their site crashed. I got an SMS saying that the amount has been debited towards the ticket, so I called the customer care and they told me that my booking was in process and she gave me my PNR no. And told me to check on the site after 2 hrs. When I did the same the site showed that my tickets were confirmed and I was very happy. At night I get an email from jet saying that they regret to inform me that my booking was unsuccessful. I was shocked at seeing the mail, so I went back to the site and re-entered my PNR no. And to my surprise this time nothing showed up. Luckily I had taken a screenshot of the confirmed tickets on my phone. Since then I have written to them 3-4 times and have threatened them that I will go to the regulator and register an complaint but they have come back each time saying that the booking was unsuccessful and no other explanation or regret. What can I do here. Jet has done similar things in the past but this time I don’t want to let them get away with it. Please advice as to what’s the best solution in this cAse.
videv says
Screenshot of PNR along with payment debit are good enough proofs. If it was only payment debit but no PNR confirmation screen, they could escape.
I think a possibility is they have overbooked OR maybe manual intervention and only later they realized upon syncing up with computer and manual records that there were no seats to be allotted in the first place. Computers are only good if the network, database, and computer work together and are sync’ed up. Anyway, all this is not customer’s problem, esp if you say that it has happened before.
>>Please advice as to what’s the best solution in this cAse
Solutions are already outlined on the site. It all depends on how much persistence a person wants to put into it beyond the initial frustration and anger.
First try below (I have used it too recently for first time and it works):
http://nationalconsumerhelpline.in/
If above doesn’t work, doors of consumer courts are always open to those who want to reach!
Raghavendra says
Hi
I using bsnl service sim from past 7 years but now days I can’t able to call or receive the call and in data usage also I am complying this issue from past 3 to 4 months they r not solving the problem if I call to customer care also they will tell they have already solve the problem
videv says
I hope you are aware that you can switch to another provider and retain the same number. Being loyal to BSNL doesn’t seem to be working out for you.
I had switched from BSNL broadband to airtel when I found they will sleep on a dead line issue for 1 week, because according to the terms of contract (I think it’s part of Telegraph or some such act), we can’t ask for partial refund from BSNL/MTNL etc UNLESS the problem persists for more than 1 week. And of course you have to raise complaint even for that. Not to say that private players don’t create issues but they don’t sleep on a dead connection at least. I find airtel broadband much better than bsnl for what it claims and what it actually provides.
Juhi Garg says
We are a group of 100 parents, who had their kids studying in a school called Vibgyor High, Marathahalli. In this school, on 2/3rd July, 2014, a 6yr girl was gang raped by 2 school teachers inside the school premises. Other parents(we) got to know around 15th July, when the parents of the victim filed an FIR with the police. We reached to the school and found that the whole school management and the people on floor were completely denying the knowledge of the incidence. They never took the responsibility of the incidence and kept on pushing that they were unaware of the incidence. During the investigation proceeding by Police, it was found that 2 school SPA teachers were indeed involved and the incidence did happen in the school.
That shook our confidence in the school and around 100+ parents decided to remove their wards from the school and put our kids to schools we found safer.
Now we are asking the school to refund our fees, that we have paid to the school which the school is bluntly refusing. Our kids went to school only for around a month and we have already paid money for 6 months, both for tuition fee and transport. Also some of us have paid an admission fee this same year, and are in a position to let go their money or let the kids go to a school which has no ethics.
Can we approach the consumer Forum for this case..refund of our money from the school. Please note that the school has reopened and there are a good number of parents who are continuing with the school.
regards,
Juhi
Can we go to the consumer Forum fo
videv says
I am well-aware of this unfortunate incident.
Standard disclaimer first that I am not a lawyer or advocate, and I use basic knowledge from few law courses I did long back, along with sound common sense for solving my own consumer related issues, and guiding others. So far it seems to be working fine!
There are few basic things to note before coming to the actual situation:
1. Schools are covered as service providers under consumer protection act. Following are some news stories (mostly about refund of school or admission fees etc) I could easily find from web:
http://archive.indianexpress.com/news/schools-come-under-consumer-services-panel/771503/
http://timesofindia.indiatimes.com/city/ahmedabad/Consumer-court-orders-Ahmedabad-school-to-refund-wrongfully-held-fees/articleshow/20605862.cms
http://www.deccanchronicle.com/131225/news-current-affairs/article/consumer-forum-tells-school-return-fees
On cursory reading, most of the above cases were of the situation when the fees refund was asked by parent when the student did not attend any classes whatsoever.
2. As far as I know, class action suits are not applicable in India. So even if there are group of 100 parents, they will have to individually file their cases individually in consumer court. There is some amendment for class action brought about in Companies Act but that will apply only on grievances of shareholders/investors towards companies.
http://www.moneylife.in/article/class-action-suit/36747.html
There is another route called PIL but I doubt it will apply in this situation.
Now for refund in this situation. I think the grounds for refund can be following:
1. Deficiency of service by school because they could not provide basic safety inside school.
2. Lack of confidence in school’s ability to provide safety. It will have to be proven, the school may even deny anything (serious) happened.
3. The school was even threatened with de-recognition so there was censure by school regulatory institutions in this case.
Arguments against refund can be:
1. If the terms (check back of receipts etc) don’t allow for refunds after session begins.
2. School denies that there is lack of safety AFTER the incident. They may try to show it as a one-off incident and blame it on the individuals rather than school management and policies themselves.
3. Other majority of parents are continuing.
So overall, I think this can go into lengthier litigation, but it may be worth a try anyway, because there are definitely points in parents’ favour, and those who try can get relief and those who don’t will not. As parents, you can band together to find same advocate(s) for all cases so that legal expenses can be brought down to an extent at least.
Juhi Garg says
Thanks Videv, can you connect us to some consumer forum advocate whom you feel could be of help to us. Thanks for your encouragement..
regards,
Juhi
videv says
So far I have filed my 2 consumer cases myself without an advocate. There are many websites to help with this, maybe you could try one below:
https://www.kaanoon.com/
But internet can’t work for everything. My suggestion is to make a draft of your complaint, and then meet 4-5 lawyers at least face to face and decide on who you find confidence with. As regards payments/fees, it can be as per progress of case and I don’t suggest at all going for upfront lumpsum payment which I don’t find ethical either for an advocate to demand. If you go with progress based fees, you can change an advocate midway (though not advisable to do it casually) if he/she is not providing good service.
If the refund fees (plus any penalty you demand if any) is less than 1 lakh, it will be district else state consumer forum. The whole process for district forum is already explained. For state consumer forum it will change a little but broadly the same. You can check consumer category for more posts about consumer act and rules on top menu.
Juhi Garg says
Videv, How long does it takes for the case to settle in Consumer Forum approximately and when you say “lenthier..” what should be the timelines we are referring to.
videv says
An advocate with experience in consumer court may be able to tell it better.
My own 2 cases took 2-4 hearings and 1-2.5 months I think. Probably because both were open and shut cases based on documents/evidence I provided.
Just my wild guess of expected time in vibgyor case… 1 to 2 years. Which doesn’t mean that you have to go there every hearing.
Gyanendra says
HI Videv
I have the following issue. Please guide me what I need to do.
I bought one 3G Wireless Dongle(Huawei) and Aircel SIM from Aircel Store Kormanagla
Bangalore. I have two complain.
1) Cheating to customer
In May 2014 month Aircel had a plan %G for Rs 395 for open dongle. But the sales man shown
me the 599 for 5GB plan instead 5GB @Rs 395.I asked to recharge for 5GB @ Rs599. But he
recharged only 395 and taken the money Rs599 for 5GB. When I check the Data it shows 3GB
instead of 5GB.When he shown me that 3GB data as 5 GB.I said that is 3GB only not 5GB. Then
he spoke with his team in his local language and told me now server has some issue and go to
your home after 2 hour check it will update 5GB.When I checked in home it shows me 3GB. Then
I call to their customer care and told them that I paid Rs599 for 5 GB. Why it shows me for
3 GB. Customer care people told me that the recharge happened for Rs 395 and the data for
this is 3GB. But he had take Rs599 from me and recharged as Rs395 which is a real cheating.
2) Datacard(Huawei Dongle Issue)
The Dongle is not showing 3G signal and only 2G network it shows. After complain, Aircel
network engineer cam and checked the signal strength and went back without checking the
device. Again after writing so many email to their customer care no response. Then I sent so
many mail to their applet authority and after 2 month they sent another network engineer
and he checked the dongle is defective. Then I sent mail to Huawei customer care and they
said its Aircel network issue. Then I went to Aircel store and asked them to give a new
device as its not working. When we shout after seating 2 hour someone from the store came
and took the device for repair and he said if the device wont repair within one week they will
refund the money. After one week when I went to their show room and he said Huawei will
replace dongle. They didn’t refund the money or the dongle and its one month over I didn’t get any response from Aircel. I need a penalty of one lakh.
videv says
Your point 1 seems to be a personal cheating by salesman … though if you can prove it no harm taking Aircel to task for their employee’s handiwork.
Your 2nd point seems to be more likely to fit into deficiency of service. As an independent measurement, use speedtest.net to measure speed at different days and times and take those screenshots etc, for evidence later. You could even make a video of speedtest results.
>> I need a penalty of one lakh.
Go right ahead! You may get that penalty, provided ONLY YOU file a complaint first. I can’t do it for anyone else.
Jagannath says
Hi Videv,
Firstly amazing work done with the blog! This is just what the doc ordered for me! Its probably my lucky day that I stumbled upon your site. Keep up the good work!
Secondly, coming to my matter of distress:
We have just paid the full amount to settle a housing loan with Sundaram Finance in Chennai. However, one of the cheques we provided them was deposited late by THEM. We have enough proof to suggest that we provided the cheque within the stipulated timelines. Now, even after paying the entire loan amount, they want us to pay up an extra 9,500 Rs for them to release our documents (levied as penalty for late payment charges). We fought with them and made them understand that it was not our fault and that we did infact provide the cheque well within the last date. They have now reduced the amount to around 3,500. I am not ready to pay up for their mistake. And I believe this to be an organised racket from their side. If no one has enough proof he/she has to pay up to get their documents cleared. I have a couple of e-mails floating about and no response from their end. Escalated to the Dy. Gen Manager and yet no response. They keep saying we’re in process. I want to move the court for this, especially because these documents are desperately needed by me to keep as collateral security for another education loan. The same has been conveyed to them and they want to exploit this situation of mine. Could you please help me out over here. This is the first time I am doing this, so please guide me. Nothing to beat it if you could email me at jagannathnarasimhan@gmail.com
Thanks a ton,
Jagan
videv says
You can pay 3500 now, let them know it doesn’t mean you have agreed to them; and file consumer complaint also to recover it along with penalty of 99999 at least (1 lakh is limit for district forum), you can go to state forum too for higher penalty if you want to. These arrogant people need to be taught a lesson, and that’s exactly why I started wrote this article. I am glad at least 5-6 people have already filed consumer court complaints so far.
You can try the simpler alternatives below, and I don’t have time to check it myself, but in case they fall under banking ombudsman you can try complaining there also and if that fails go to consumer court. More details at my new post:
https://deveshwar.in/alternatives-to-use-before-filing-consumer-court-complaint-in-india/
kiran says
Hi I’m kiran….I purchased auxus beast mobile in reviews they show harm test also but my mobile fall glass is broken.. I compliant is given Auxus company… But they will not responding…
videv says
You have option to file consumer complaint if that’s what you are asking