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.
-
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.
…
…
…
-
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.
-
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:
I had brought a 39 inches LED TV from panasonic brand shop kormangala bangalore in Nov 2013 its been less that 2 years when i registered a complaint in the display screen there were line coming on 20th oct 2015. Their technical did come and attend the complaint. After few days i got call saying that the new displays are not available so they would give me 25% depreciation i had to buy a new tv. But the product is under warranty for 3 years. I have spoken to all of their team in bangalore one person say s that i have sent a mail for wave of 25% deprecation and tells me that some one will call you and inform on how to get the new tv, but never does and one call. But the other manger says nothing doing we can give any wave off. I have spent a lot of time and money for calling them all most every day but with out any response. Its all most been 2months from the date of my complaint registration with out any proper response. The line in the Tv are getting more day by day and causing display problem. Can i register a complaint to get a total refund or a exchange for a new tv as the product is under warranty.
Please suggest the best course of action.
If TV is under warranty and the display is covered, which most certainly should be, then you can ask them to repair or give replacement TV (which won’t be new usually). I don’t know how you are thinking about refund after using it for 2 years. If they don’t, then consumer complaint is possible. Try to have written communication than only phone calls.
Sir…
I made a purchase of two chairs on flipkart on oct 15. They delivered two defective hairs on oct 19. I immediately reported on flipkart ant this but they told as the item is not updated as delivered, we need to wait. The seller intelligently, didn’t update flipkart that it was delivered and kept quiet. I was calling flipkart for several times but in vain. Finally seller updated that the item was delivered in 29 oct. I immediately raised a return request as per their return policy. The game began then. I kept calling them tonnes of times and they respond and email promptly giving a date and time for the resolution. Dates and times passed by and I have escalated to their highest. Multiple times, in vain. They made seller call and agree that they will take the product, but they didn’t come. They said technical review is arranged, not a single person came. Finally they initiated return, after me sending pics of the defectives, but still they are giving me dates and as the date passes by they call and give one more date. It has been six weeks on this now. Pls suggest how to teach these guys a lesson.
I would now want to go to consumer forum and get my refund and also the penalty for the trauma caused.
Usually those who say they want to teach a lesson don’t do anything. So if you want to go beyond emotional expressions, by all means file consumer complaint and ask for nothing less than 50K as penalty apart from refund of cost of course.
Hi Sir,
I am a software professional.
My current company processed Germany work permit visa which coast would be 2000 EURO. Till now I didn’t get VISA. Meanwhile due to some personal commitments, I have resigned.
Now my company is telling me that I need to repay the VISA coast. But I have not signed in any document which says I will re-pay the VISA coast if I quit before I go on-site (my company HR is already aware of this). Still they are block mailing me that they will terminate me.
Kindly let me know how to proceed further in my case.
Thanks,
Pavan
>> Still they are block mailing me that they will terminate me.
If you have already resigned, where’s the question of threat now. I doubt there is contractual obligation from visa cost, but it doesn’t look very professional to make company pay and then resign on personal ground, unless it was unavoidable
hi, i took british airways to frankfurt via london in sept. My luggage didnt arrive in my flight and got delayed by more than 2 hour. As I was travelling accross europe,I had to cancel my plans of travelling and had to stay in frankfurt for one complete day. I didnt have basic things as everything was in my backpack , so british airways counter asked me to buy stuffs and claim refund. Two months since then, i still havent got my refund. british airways stopped replying. i didnt get my refund from the reliance travel insurance also coz they want a “baggage delay form” from the flight which the flight attendant didnt give me. She gave me just one reference number and said that will be used for all communication and that they dont provide any other report.
What shall i do?
The indian british airways counter says that they dont handle the issues that happened outside india.
If you paid for ticket in India, then Indian BA has to have some answer at least, they can’t simply wash off their hands saying it happened outside India. To claim refund, you have to have some proof at least of what you had purchased, and some proof of baggage delay.
I had two salary account in HDFC Bank from the same Company but my one account was converted to zero balance account. It was maintained zero balance for almost one year. I asked someone to transfer money in my zero balance account. I checked my balance after 2 days, it was OK. But when i went to withdraw money after few days they had already deducted 4000 Rs in the name of maintenance charges. This happened in April 2014. I informed HDFC Bank several times about this irregularities but they showed me terms and conditions. However, I found them not following their own terms and conditions after my perusal. I notified them about the fault and they accepted. Finally they returned 3500 rs in October 2014.
I had Credit Card bill of 4100 Rs which I had to pay in July 2014 which I was not able to pay due to irregularities of my saving accounts. They kept levying charges on Credit Card bill without rectifying irregularities of my saving accounts. When I asked them about this they tried to mislead me. They showed me RBI laws. But after my perusal I even found them not following RBI laws also.
As I have reported about this in consumer forum and to the RBI ombudsman but still they are only partially ready to solve my issue.
They have bothered me by delaying my issue deliberately. I want to take legal steps against them for not following the laws of the land and causing financial harm to the customer.
As HDFC Bank has failed to comply their own terms and conditions and the RBI laws, please suggest me legal steps.
They can easily claim that credit card issues are different from savings account, and technically they may be right.
>>As I have reported about this in consumer forum
If you have already filed in consumer forum, then continue there till case closure.
I live in Ajmer and had an Asus mobile phone put to service on the date of 04/09/2015 at Asus‘ Jaipur Service center. During this period of Asus Customer-care kept on replying my phone calls/email correspondence that the required spare part was not available in India this was causing delay.
After 39 days on 12/10/2015 I received information that the phone had been repaired. I reached the service center on 15/10/2015 but found that the phone showed the same problems it had before servicing. So the technician took the device into service again. Now as of 27/10/2015 Asus Support reports that the phone is now repaired to their satisfaction. Also they have offered me 1 month of extension of warranty on my device.
But by today’s date 54 days have already passed since my phone is under repair, so I am unhappy with Asus’ resolution of extension of warranty by only 1 month. During the whole process I have incurred mental and physical troubles and Asus have been quite irresponsible and unresponsive to my calls/email correspondence. Other than this I have suffered financial burdens of my travel to and fro Jaipur Service Center twice. I have written to them requesting compensation in the form of warranty extension by 9 months or to come out with befitting negotiations, to which they have denied.
Now I am in a complete mindset to bring this issue to Consumer forum and seek redressal. I feel my case is quite valid because they made me wait for so long (nearly 45 days) and also are reluctant to extend the warranty (towards compensation) by at least equal no. of days.
I have the required evidences to prove the financial, physical and mental losses I incurred. Please advise whether my demands are legitimate or not, also suggest where can I file a complaint – Jaipur or Ajmer forum??
Complaint can be filed in Ajmer too since I understand that’s where you purchased it. As per my understanding, Sec 11 (2) c allows jurisdiction even to place of purchase (cause of action).
http://ncdrc.nic.in/1_1.html#_Hlk149662061
11. Jurisdiction of the District Forum.—(1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ”does not exceed rupees twenty lakhs.
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—
(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises.
Hello Sir
I am from north india .I got job in HCL Technologies bangalore and started living in Pg named SriSai Durga Pg for Girls, Electronic City,Phase -2,Bangalore from Jan 2015 onwards . I got married in Noida and moved to Noida in June 2015 but I couldn’t bring my luggage with me since I had plans to get back to bangalore after marriage since I was working in HCL Technologies,bangalore, so I wanted to continue my job till I get transfer to HCL Technologies,Noida.But I couldn’t implement my plan of continuing my job in bangalore due to some family reasons post marriage.As a result I could not go back to bangalore to continue my job therefore my luggage is still lying there.I am asking my pg owner to give my luggage to my roommates so that I can get it couriered to Noida but pg owner(lady) is not giving my luggage.She has broken my almirah lock and kept luggage with her and asking for rent for duration which I didn’t stayed in just my luggage was lying.How can I pay whole month rent when neither I stayed there nor I ate just my luggage was left .I also gave security of 2500/- rs at the time of joining pg as security money.She already have security advance of rs 2500/- which I am not asking to return but atleast she should return my luggage in lieu of that. My luggage contains some of my important documents too. Please help me in getting my luggage back .She is mentally torturing me .She is asking 15000/- rs in order to return my luggage . I was living in 4 sharing room.In my absence she rented my bed also then how can she ask rent from me when I didn’t stay there for the duration(June onwards) she is asking rent .It’s the height of greediness and selfishness .Please help me .I have given her 2500/- advance security already at the time of joining Pg.She is asking another 15000/-to return my luggage which is very unfair.Please help me ,it’s very much torture for me bcoz bangalore is 2500 km away from Noida which can not be easily travelled ,that I can go and fight with her.She is not listening anything on phone just saying give 15000/- rs .Also she is telugu lady and enact she can’t understand hindi which she can, morever I can’t understand telugu.It’s a very much mental pressure on me ,Bangalore- distance constraint ,telugu -language constraint.I only have phone a medium to communicate which she dont respond politely.She speaks in very rude manner.Please help me.
If she is asking much beyond contract terms, then you can as well complain to police.
Hi,
Booked hotel in Goa (Check In 2-Oct & Check Out 4-Oct) for 2 nights & 2 rooms, Booking ID # 1001121051907. Full amount paid through Credit Card in advance and got a SMS confirmation with hotel details.
On reaching, the hotel said that they do not have any kind of tie up with FabHotels and denied check in. We have tried finding an alternative but could not able to get any due to heavy rush and non-availability of rooms. Moreover we were carrying limited cash considering the hotel was booked.
I had called FabHotels Customer Care 7042424242 several times for the refund but not yet got any.
FabHotels have taken money for a hotel which they do not have any tie up with.
Due to heavy rush and non-availability of rooms, we could not get any alternative.
We were carrying limited cash considering the hotel was booked.
There were 3 girls who were to stay outside without a room.
The physical & mental harassment and agony we have gone through was unimaginable.
I had called FabHotels Customer Care 7042424242 yesterday again and came to know that FabHotels need 5-7 working days for refund, at their leisure, enjoying our money for so many days and screwing up customer.
I was told that I will get a call from FabHotels, which I didn’t get, seems FabHotels are not bothered for whatever happened. As on 15-Oct, we have not got any refund from FabHotels.
Can I file a case in Consumer Forum? If yes, how much compensation should I claim for the harassment we all 5 people had gone through…
Regards…Shantanu
You can file case and claim whatever compensation you feel justified. Not less than 50K in my opinion, because otherwise these lazy companies may not even bother to respond even to consumer court probably.
Complaint regarding PF withdrawal, its almost 14 months I have not received my PF, they are telling me fill the forms again also they are not responding my calls, seems they have put my calls on reject mode.
Please help as I’m in need of money.
PF is supposed to be online these days. You can file RTI on PF office too.
I have been cheated by Country vacations My membership#CVBG1BCLUB5LB154441. They collected 1.42 lacs through HDFC EMI ( 2 years ) and every year adding in AMC charges of 8000 Rs. I was informed and clarified that if required after 2 years the membership can be transfered thro country club to another member. Now Country vacations are not owing any responsibiliy of refunding or transfering the membership. I am also harrassed by AMC teams and they are following up for AMC charges daily on calls.
The marketing or the office is not owing up any actions as i requested. To support me on closing the membership for 2 reasons:
1. No holidays available on my choice and each time i call for a booking /block there is no vacancy in any of the holiday packages
2. I have relocated from Bangalore and the services of the CC in Chennai is not good and there is no response from country vacations on my membership amount refund or transfer to another member.
Regards
Nanda Kumar
You can file consumer complaint and ask for whatever relief you want, whether transfer, cancel etc.
Can i do a file against Indian Railway as i booked a ticket return to pune from Kopargaon. From pune i had flight. But due to delay of Indian Railway train, i missed my flight and faced many of hard situations.
So, my point is that Can i do file against Indian railway for this?
I doubt relief can be asked for consequential things like what happened later because of that, but for the original delay you may try. Do read up their terms and conditions though… for all we know it may say railways is not responsible for any delays.
I have purchased new aquaguard, from day 1 problem is there. They are not fixing it. I have request multiple times, what to do?
I have had the worst experience on using MTS WIFI connection. I’ve raised around 6 complaints for the same single issue but couldn’t get a solution till date. Hope at-least this mail brings a proper solution for the same.
Account No: 9141232670
Issue Faced: Unable to connect to internet from Coimbatore(Tamil Nadu) using my MTS bought from Bangalore(Karnataka). My brothers MTS bought from chennai(Tamil Nadu) works fine at Coimbatore(Tamil Nadu).
List of Complain numbers: all the below complaints are raised for the same issue specified above but not resolved till date.
MAY/5064
JUN/3035
JUN/3364
JUN/4233
JUN/5507
JUN/6357
Please let me know the procedure to escalate and I am facing this issue for the past 2 months .. Filing a case is fine with me but doubtful on my availability to go to court(leaving my office since I will not be able to take off 🙁 ) is a little dobtful.
If some one could guide me, it would be greatly helpful.
Guidance is already given in post, if you can’t leave office, then you can hire a lawyer or let it go.
TATA SKY: NO SIGNAL PROBLEM PERSISTS FOR THE PAST 20 DAYSY: but no one from the COM..attanded the issue, after spending our prcious time with them on the, and guided by the CUST execative…..and not even single channel we can able to view after recharging….
I have been complaining about the issue of no signal past 15 days. everyday i am calling and the call center guys tell me that issue will be resolved on the same day. It has been very disappointing experience from Tata. Now they are not even picking up the phone. Neither there service engineer are picking phone, nor they are replying to messages.
They are not even entertaining queries of refund of the subscribed fees for the month which has completely gone waste.
Very much unhappy with their services.
I have bought a new LG Fino at Sangeetha showroom @ Jayanagar on 19.03.15 of Rs 10200 but its not working properly one day also and im running behind of service center i bought phone to use it and not to run behind their Service Centers im fed up with there reason they are simple saying that your memory card is not in a good condition and you have to change your sim card that kind of reasons and now also lining my phone in service center only.
Now can I file a complaint in consumer Forum, if so please help me.
I have all purchase bill & Service Centers acknowledgement
Yes you can file complaint
Hi ,
I have found a hair inside one of the Green Tea Dip Bag and has kept is aside safely for Evidence.
Is it possible that i can demand a compensation .
Yes. Why not. However something like this needs to be publicized in public interest. Even if one person gets compensation, it’s no good if it keeps happening again to others.
For something like this, they can be liable under other laws like food safety or standards act (I don’t know exact name of the act). Food quality and such things are taken very seriously.
Can we approach to consumer forum for shortfall of service from hospitality industry also?
We planned a 2 day stay a luxury resort and due to bad behavior and rude behavior from the customer service staff – we chose as a family to leave on day 1. Now, they are not willing to refund the day 2 payment by referring to refund policy. And, my contention is that i did not intend to leave – they made me leave due to bad behavior and lack of customer service (which they claim to have).
Can I go ahead and lodge a complaint against them? This situation has also put me and my family under stress and waste of time and emotional trauma too – how can I ask to compensation for all this?
They can’t hide behind refund policy if they don’t deliver on basic things.
How to ask compensation? Just give the reasons and points, and compensation amount. Rest is how the case proceeds.
Dear sir.Madam,
i have bouught REDMI 1s mobile phone from ebay for the cost of 8999/- but actual MRP price is 5999,
in that packed box also i noticed MRP is 5999, but they billed for 8999, after 3 month i came to know that ebay bought it from flipcart for the rs of 5999 and sold it for 8999, now cell having issue in display i went for MI-service center they told me they will service for flipcart not for ebay.
Now i have got invoice copy from ebay dealers which is 5999, they bought it from flipcart.
now my concern is actal mrp is 5999, ebay took extra 2400, now my claim is i want my 2400 rs back, how can i legally handle this, please give me suggestion
Products can’t be sold above MRP legally (except in specific situation where a service is also involved alongwith), so I don’t know how this thing has happened at all.
You have to collect the evidence, write all the points as given in template, and file complaint, and ask for 2400 + 50K or whatever you wish extra as penalty for selling above MRP. I am assuming your story is correct and you have the proofs.
jayanna
dear sir
Iam compliant agnist Achievers Agri India Pvt Limited (Companies Act 1985) Mr.siva kumar managing director. he has cheated Rs. 500,0000000/- crosses in public fund for collection Dailies, R D, And fixed deposits, company has give to Bands and vouchers or public. he was surrender in channi and he decided to winding of company. police complaint also give.sir please reply me how to file.
If police complaint is already filed then I guess collecting back will be difficult.
But there is no bar on filing consumer case also. You can file yourselves, or some of you can get together and file as a joint party. It’s allowed under consumer protection act (Read it on the site)
Dear Team,
I had requested for a balance transfer from Kotak Mahindra bank as I was eligible to take it. On the first go, I had requested them to do the NEFT transfer rather than sending a DD for balance transfer and that time the Kotak Mahindra Bank Customer Care Executive said “though the normal procedure is sending a DD, but here on approval, we do the NEFT.” Two days after booking the Balance Transfer, I received a DD from Kotak Mahindra Bank, so I thought they have not approved the NEFT and hence they have sent me the DD. I dropped the DD in the cheque box in an ATM to my other credit card for which I have taken the Balance Transfer. On the same day evening, I received a message from the bank that an amount of 50,000 is done through NEFT. After seeing this message, I called Kotak Mahindra Bank Customer Care and told them that “I have already received a DD, but now I received message that it is done through NEFT, can you please clarify how is it possible. ” The customer care executive said “we have already requested for a stop payment of that cheque, why did you deposit that cheque.?’
1. I had no idea that I would get a cheque as well even after they do the NEFT.
2. I was not informed by any of the executives that they will send DD even after they do NEFT.
3. Now, I have been charged cheque bounce charges from the other bank, which would affect my credit score (I believe).
4. Without informing, Kotak Bank have given a stop payment of that Cheque.
How can I complain in this regards? Request someone to help me with this please..
Regards
Anil
If you have faced problems because of banks’ mistakes, then you can of course complain and even get refund for cheque bounce charges etc. I suggest to banking ombudsman, they can handle such types of complaints. Some details are there on “Alternatives to consumer forum…” post.
Hi sir,
2 months back I took 2 packages. Laser hair reduction & weight loss in Venus curls n curves..actually instead of DR’s doing laser treatment ordinary staff do it. They do it unhygienically n not properly also…when I asked for refund they didn’t accept n 2) weight loss injectio 1 session is over but more than 1 1/2 month over not at all giving me the 2nd appointment. After my repeated calls n msg just fooling me”” morning will let u know ,evenings will let u know “I messaged n called the owner personally but she is worst than the staffi have repeatedly requested them to arrange for treatment as my marriage is in the month of April but still those people… No respond at all…If I’m asking for refund , they are hiking the price of each session
Now I have got frustrated a lot from them as I’m not at all satisfied with themn want my money back..
They have fooled me cheated me wasted my time also….n god knows like me how many customers they have cheated
As proofs I have 1)message to both the spa n to the owners no
2)bills (no refund has already been written in the bills)
3)two mails to there corporate office
Can I claim for refund penalty n any punishment for them for illegally doing Dr job.(laser treatment in this spa is done by unprofessional)
You can file complaint to consumer court.
The bill may say no refund but that doesn’t mean they can provide bad or no service, and hide behind that. No refund can only mean that one cannot cancel after placing the order. If I book a flight ticket which says no refund, it doesn’t mean that they don’t fly me and yet they claim that I can’t ask for refund! If there was no worthwhile service done, then a refund either partial or full is customer’s right.
Ask for minimum 40-50 K penalty, it is justifiable too.
You could try to get the details of spa’s license etc from BBMP etc using RTI (I am not sure if a spa requires a license but the kind of things bordering almost on medical treatments they are doing I believe it should require license or professional credentials of staff, not that I believe in daddy govt licensing everything though).
Sir I filed my complaint last month and my first hearing is over …this month is 2nd hearing..thank god consumer forum staff is very friendly n thy guided me a lot…after 1 week of my first hearing I got a call from the opposite party she said wanna meet me…that’s it after that no cal…..so this time may b I need to do more preparation.. They have mentioned as beauty clinic but all sort of spa treatments are done…I will confirm from KSMC regarding there licence sir..but sure they have not..(1 doubt I have…does keeping laser machine need licence or not).last time I went to the court n got confused a lot,.so this time I wanna b sure n more confident to start the case so kindly help me out regarding “how to procede ” or do I have to hire a lawyer for this’d this’d
Just put the points across, now the case is already taken up by court.
It’s better to do the work about license before filing, but even then the case can stand on merit if they promised something but didn’t deliver
Hi, I took a housing loan from ICICI Bank in 2001 and repaid back in 2009 and got an NOC from them. However they only returned couple of documents and most of the documents are missing. Since last five years I am running behind ICICI but nothing had happened. Without these document even I can not sell that property. Additionally the property located in Kolkata and I had taken the loan from ICICI Kolkata. Repaid back in Chennai, ICICI. Now I am staying in Bangalore. Can I file case in consumer court Bangalore?
If you took loan in Kolkata and repaid in Chennai, surely ICICI bank should have no valid objection if you file the complaint to consumer forum in Bangalore! After all, they are global when it comes to getting payments, so there’s no excuse to say that the jurisdiction for filing complaint lies only in Kolkata.
Now, I did check up the jurisdiction part in Consumer Protection Act, 1986 and according to later amendments, if a branch office of ICICI Bank exists in a city, then complaint can be filed in that city. In your case, it’s Bangalore. See extract below of section 11.
——————–
11. Jurisdiction of the District Forum
(1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed 2[does not exceed rupees 3(twenty lakhs)].
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction –
(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or 2[carries on business, or has a branch office or] personally works for gain; or
Hi Vivek.
You are correct in your logic. But on ground reality is that these judges/ lawyers are outdated or do not wan to change with time and notifications issued. They do create tantrums over jurisdiction in filing the case.They do reject case over jurisdiction. My logic/ suggestion is, You file the case in Chennai, if the district judge dismisses your case, you appeal it at state commission level. State commissions and National commission have fair/ liberal view over the jurisdiction parameters. They believe consumer is first and then jurisdiction.
Thank you!!
Correction:
You above refers to consumer(Debjyoti ) and read Bangalore instead of Chennai in my above message!!
Section 11 of Consumer Protection Act, 1986 allows complaint to be filed anywhere where the OP has a branch office. So complaint against ICICI Bank can easily be filed in Bangalore. I have updated my comment with that info.
That’s exactly I had filed complaint on Panasonic giving their Chennai address (since I didn’t know Bangalore address) and they sent their representative. Court had accepted my complaint too.
Hi,
I am suffering with back pain since almost 5 years and reached at (Centre for Musoskeletal pain and arthiritis), Bangalore reading their claim to reduce the pain. I was assured by Dr. AAAA that my pain shall come down in next 7 days or maximum 10 days and slowly i will get complete relief. However, treatment went on for almost 1 months without any substantial results. He charged me @Rs.600 per session. When he saw that I was not getting relief..he started giving some free session of 5-10 min. and later he denied giving me those sessions as well now asking for Rs.300 for this session.
I had earlier already informed him that I can afford an expensive treatment but he said it will not go beyond 7-10 days. It was not only about money but also about the time and mental harassment, I went through due to their irresponsible behavior.
Can I file complain against this fellow and organisation, I only have receipts of those sessions as proof.
Thanks and Regards
Rajeev
I simply don’t think that any disease which has been there for 5 years will get cured substantially within 10 days. So the claim looks suspicious. But if no results within 1 month after after having spent lot of money, then it becomes closer to peddling snake oil.
You can file consumer complaint for sure in medical cases.
As an aside, there is no miracle cure for musculo skeletal pain, but the best doctor in my opinion for such issues is Dr Deepak Sharan:
http://www.deepaksharan.com/
Hi,
I want to know if i can file a case agaisnt a school who are not willing to refund the amount that i had paid as the admission fees.
The amount is Rs20,000 and i requested them to cancel my son’s admission well in advance before schools are opened and without using their facility for even one day.
Please provide your guidance.
Thanks
Yes. Schools are also covered in consumer courts.
If you check the receipt, it will say somewhere that fees is non-refundable. But I will argue it in this way that unless the cancellation of admission has resulted in great cost or hardship to the school, it is simply not reasonable to grab whole 20K and pocket it. If they keep a small amount as cancellation fees that may be reasonable but don’t see any logic in keeping full admission fees for 1 year when there is zilch amount of service they have provided after that due to cancellation.
People have to fight this kind of behaviour by schools. But probably our middle classes don’t want to get involved in ‘dirty’ work.
Dear Sir, I wanted my graduation to be done through correspondense and approached a centre near Indiranagar, Bangalore on 2013. Initially I had paid 25,000/- through DD. Later they mentioned that I can get the certificates for all 3 years and it would cost me 50,000/-. After so many conversations with the centre, they bought down to 45,000/-. I agreed to pay remaining 20,000 in 4 installments as I had to manage family and finance. After I paid 2 installments, waited their call for 3rd one. But no response for a month. Grewing suspecious, I personally went to centre where no one available. Neighbours told that there were some legal cases against them and they have vacated the place. Please suggest me.. It’s been 2.5 years since then, I am trying to get the details from them. But no use.
Sorry to hear.. but it was a scam most likely, and without their current address you will have difficulty to send notice etc. Maybe a police complaint is also applicable, and you can try filing RTI after complaint to know progress on the case.
Hi
I have bought flat and the builder has promised and shown on the brochure to construct a Swimming Pool next my apartment , but instead they have constructed a STP ( Shewage Treatment plant ) there even if protesting they have constructed it there .
Can I go to consumer court and file a case to get compensation from the builder ?
Thanks
Kumar
Yes. Although to have a stronger case, it is better to have documents like building layout/sanctioned/approved plan from municipal authority which shows the swimming pool as part of the plan. Or if your sale agreement or sale deed mentions the location of swimming pool. Because brochure is more of a marketing material than a contractual document, and the builder could argue that after brochure was made, the plans were changed and buyer was aware of them.
Hi,
I gave my hp laptop to an local shop for repair purpose as it was not working..
They charged me rs. 3400. and again after one month , My laptop got the same problem, then they asked me to wait for one month and they assured me that they won’t charge any money.
Now it is around 4 months, and now they are saying that motherboard is not working.
And they are asking for rs. 10000 again.
I have the receipt of money paid and also written proof of free service.
please advice me..
Whether they ask for 10,000 or 100,000, it has to be justifiable. These days laptops cost anywhere from 25,000 to 1 lakh or more. So a repairs of 10K is possible only if major component(s) like motherboard, LED screen etc are being replaced.
You can get it checked by another person, and if they say same thing about motherboard etc, then it might be correct. I have a Dell laptop which gave so many problems over the years that I had to buy extended warranty just as an insurance. Sometimes you get a bad piece maybe.
Dear sir,
we have booked 3 consignment original copy of Transportation bills through DTDC Courier Ltd Bangalore to Rourke la Odisha dt 20-08-14 &18-09-14 and 05-11-14 till date consignment not delivered or not return to us i ask courier customer care Bangalore office and branch office not responsible or not reply properly our party ask Original bills for payment R.5,25,000/-
sir, what can i do
You can file consumer complaint in Bangalore. Not clear what is the amount 5,25,000 referring to.
Dear Sir,
On 14/01/2015 I booked a Taxi For Sure taxi for travel from house at Kundalahalli to Cantonment Railway Station (18-19 Kms) on 23/01/2015 at 08.30 AM to catch a train at 10.15 AM to travel to Bhubaneshwar along with my wife and daughter to attend an important family function. I also filled up their wallet with the required amount of the fare on 14/01/2015.
On 22/01/2015 evening and on 23/01/2015 morning around 07.30 AM I reminded them about the Taxi and informed that I have not received ths sms with driver details. I was told that the sms will be sent before 20-25 mins of the booking time. Since I did not receive the sms till 08.15 am I kept calling them. I was put on hold a couple of times and was told that it is being sent. Still I did not receive the sms. I received it at 09.01 AM and when called the driver, he told that he is at Kadugudi and will take 40-45 mins. I got an sms at 09.15 AM that the taxi has arrived, but it was no where to be seen. Hence I tried for an alternative taxi and could get one only at 09,30 AM and left for the station. But unluckily I could arrive only at 10.30 AM and the train had already left. Since the booking was in a premier train (No. 02509) Bangalore to Bhubaneshwar, the tickets are not cancellable and the booking amount is not refundable. My effort to travel by any alternate train/ plane prooved futile. I the process I lost the booking amount of Rs. 15877/- and the taxi expenses of Rs. 720/- in addition to the agony of the running around and loss of the benefit of attending the function.
Immediately after returning home, on 23/01/2015 itself I called Taxi For Sure and was directed to complaint department. One Mr Raju of Customer Care took the complaint and later called back for sending the the train ticket details, which I did immediately through mail. Subsequently Mr. Raju called and asked to send the ticket in pdf format, which I did. On 27/01/2015, I received a response that they have investigated the issue and since the Taxi was not booked for travel at least 2 hours before train departure time, they are not responsible for the train miss and they offered a free ride to railway station or airport with in 30 days.
I am totally disappointed with their response and wish to approach Consumer forum. Please advise.
Thanks in advance.
B N Parhi Mohapatra
Your case against them seems strong.
Regarding possibility of recovering the train booking amount, you can say that if they didn’t think their liability, why did they ask for train ticket 2 times. Also, they have said that they are not liable to pay train booking amount loss because of you not having booked with gap of 2 hours before train departure.
You can check their website for their terms and conditions and take a screenshot with date/time (and video as even better proof as backup). If the terms do not mention about 2 hours, then they don’t have much excuse.
Even if the terms mention something like 2 hours gap, as a customer who is not expected to read fine print but instead use common sense to plan travel schedule, if the time is enough to reach train station if started around 830, then they have no excuse. Companies can’t hide behind fine print which goes against common sense behaviour of customers. Because if that was allowed, they could even say in their terms that they are not liable for missing train/flight unless gap of 5 hours in taxi booking time before departure. That is absurd.
Also, you can prove that the taxi didn’t reach even till 915 so with delay of 45 minutes even after repeated reminders, their case is weak.
The actual results you can know only after filing case and fighting it. Suggest to add 20-30K as penalty on top of the train booking amount.
Dear Mr.Deveshwar
I truly appreciate your effort in providing information on filing complaints at consumer forum.
In my case, end of Nov 2014, I went to see a farm plot in Kanakapura. The company arranged for the transport. I had a look at few plots and liked one of them.
On 1st Dec 2014, I blocked the farm plot I liked by paying a booking amount of Rs.10,000 by cheque.
The company orally told me that I get 2 weeks time to get legal opinion. They gave me soft copies (pdf) which I submitted to my lawyer. He had issues downloading the huge attachment and hence I had to print out and physically handover the documents for validation.
My lawyer scrutinised the documentation and requested for additional documentation which was provided on 18th Dec. After this, due to non-availability of my lawyer for few days and some other circumstances, there was a slight delay in responding.
However, the company kept on pressurising me to sign the agreement soon else plot will be cancelled.
On dec 30 2014 evening, when I had the necessary drafts ready to send to the company, I received a WhatsApp message from their representative saying the plot is cancelled due to delay in agreement and that I can go to their office and collect the booking amount.
I got irritated with their attitude and impatience in dealing with property matters and sent a reply saying that I accept the cancellation.
After that I contacted their office to get back my booking amount. Now they are saying, they are going to deduct Rs.2000 as expenses and return the rest.
Nowhere did they say earlier orally or in writing that there will be any such deductions if agreement is not completed. They are also saying that they had to spend money to get additional documents that my lawyer asked for. So they are saying they cannot refund the full amount of Rs.10,000.
They want me to go back to them and buy the property, but now am not interested as I had a bad experience with the way they dealt with me. I’m concerned about going into a deal under pressure.
Out of the last 3-4 emails that I sent them asking for a full refund, they did not say they will not refund, but gave reasons on how the delay was caused by me, etc. They have not even replied to the last 2 emails that I sent.
Hence, I’m considering approaching the consumer forum for their help.
Can you please advise ?
Regards
Rajeev
The whole thing looks a bit fishy. Like booking amount of only 10K for a plot.
I can’t say what special legal documents they had provided, but most likely it can only be photocopying charges of originals already with them. Charging 2000 for that seems excessive even if we assume that that was out of the way for their business practices.
You can file complaint for sure, but do send them a letter/notice before that. And do ask for penalty of 20-30 K at least, since recovering 2K is not worth filing consumer complaint against a real estate company who will be well-versed in legal tactics of delay and obfuscation.
Thank you Mr.Dev
Sir i have an “idea prepaid” sim, i called customer care regarding for data plan(only WhatsApp) & they told 2 offers 46 & 39 i recharged 39 plan, later my amount was deducting from main balance, so i called customer care more than 4 times they didn’t give correct ans finally they told it is Facebook pack after calling 4 times, what to do sir/madam
1. Try doing these kind of transactions online and capture screenshots, so you have some proof of what exact plan was purchased.
2. Stop purchasing unless you really need a service. Purchase in minimum amount to avoid goof ups.
3. I used to complain on core.nic.in and many a time got refunds too from airtel. But that website is usually down most of time when I submit complaint, so stopped using it.
My experience with airtel 3G suggests they try to do such tricks on low value purchases like Rs 49 or Rs 99 plans. But with Rs 249 plan, it hasn’t happened so far. Maybe their thinking is that anyone who has purchased higher value plan will watch it more carefully. Just my guess.
National consumer helpline is an option. Try it.
Apart from that, there’s little we can do to improve the monkey services of these operators.
thanks for ur suggestion sir.. if i put the case how long it will take and what are the risks i will face in that sir…
I have recently bought VW car, my purchase decision was mostly based on the specification at Volkswagen India website. Recently I discovered one of the feature they mentioned in specification does not exists in my car.
I have sent mails to Volkswagen and they directed me to dealer , dealer says this option does not exists. What I believe dealer might be sold me a car that may be too old without communicating it to me.
Can you advise me how do i take up this case to get justice? When filing complaint who are all should be party?
First of all. You need to take screenshots of website showing this model’s features, along with date/time (video as backup if you can), because they could always change the website later. I know date/time of computer can be changed by admin, but let’s not go too technical. It puts the ball in their court if they say the car model doesn’t have those specs.
Basically, if the website says a model X has ABC features, and model X is there written on the car; then it should have all those ABC features. Cars are not like electronics that their model numbers change along with change of specs every 3-6 months.
Both VW the company and dealer can be made OP. Let them decide among themselves, and put the blame on each other, or share the blame whichever way it works out in the end. Ultimately you have to prove you paid but didn’t get what was promised. Someone has to pay up for the mistakes done.
Hi,
Can you please advice me on below issue. I want to file a complain in consumer court.
I want to raise Complain based on my experience with Sakra World hospital, Bangalore. My wife was suffering from frequent and severe bout of neck pain from quite some time. We reached hospital on 28th Oct morning and checked at the reception for suitable doctor. We were told by reception that in such cases we should see Spine surgeon Dr. Satish Rudrappa. We double checked whether we should see some other doctor who is not a surgeon, we were told confidentially that he is the right doctor for such cases. On this day doctor was not available in OPD and we explained problem to one of the Junior doctor working with Dr Satish. Junior doctor consulted with Dr Satish (inside OT, as we were told) and informed us to take Neck X-ray, Neck MRI, Vit-B test, Vit-D test, blood Calcium test. We got all the test done in Sakra in next 2 days. All these tests cost us around 13500 INR. We took appointment of Dr Satish for Friday, 31st Oct and went to meet him with all the reports.
Inside OPD consultation room, Dr Satish took only 5 second to look at MRI and quickly told us that this is not a surgery case. His only advice for us was to do some neck exercise. He was in such a hurry to send us off that he did not listen to our queries. He finished with us in less than 2 min, when we tried to ask some more doubts, his response was “if you ask me more I will do surgery, so talk to some other doctor”. We were deeply disappointed by doctor’s behavior. He did not bother to discuss my wife’s problem, he did not look at the X-ray report, He did not even look at the Vit-B and Calcium report, he only made a glance at Vit-D report. If he did not want to look at the reports why he prescribed us to go for these expensive tests? It was a sheer neglect of job duty as doctor. Including consultation fee of 700 Rs, we spent around 14000+ INR and did not get even a faint satisfaction of getting proper treatment. Clearly, doctor was interested to make money by prescribing expensive tests and making a surgery case wherever possible.
I have raised this complain with Sakra hospital management and asked them to take below actions-
1. Refund my money spend in consultation and tests.
2. Issue a strict warning to Dr. Satish Rudrappa so that he should not make his practice as money making business and take time with patient and listen to their problems.
Sakra Management did not deny this problem and they offered me consultation with some other doctor. They did not agreed on my demands 1 and 2 above.
Filing consumer complaint is indeed possible in medical cases.
One problem with hospitals is some of them they don’t give the record of diagnostics etc to patient but keep it themselves. They give out only the medicine prescription if any. That’s what I have seen in CMH hospital at least, don’t remember for others.
If you have proof of consultation like a prescription or receipt of payment etc, then you can file complaint stating that there is no record about doctor looking at any of reports. Now a doctor may not be bound to note down any remark or comment about every diagnostic report esp if it is normal, but given lack of documents in such cases, the patients’ welfare cannot be sidelined giving benefit of doubt always to doctors.
Having prescribed Rs 14000 or so for tests and fees, they are bound to write a few words at least as to what was the problem found! If no problem was found, then they are liable to give some answer as to where was the need to prescribe so many expensive tests? So they will get trapped.
As an aside, many back or neck pains have no origin in skeletal or tissue damage. I would suggest to consult with Dr Deepak Sharan (who also runs Recoup) at link below (I have consulted few times, and only once he prescribed an X-Ray only when I wanted to be sure).
http://www.deepaksharan.com/
thanks for your suggestion. I have all the reports and invoice with me. Will be initiating the process of filing complain.
Please suggest me :-
I had started a new Website ,invested an office space ,computer etc and built an website.
After few days the domain hard disk crashed and lost my domain and still they are not able to bring back the website.
I have email from the domain space executive and mail for paying the domain space.Can I go ahead and book complaint how much compensation can I ask for?
Since I was in the beginning of the Software development business my website used to help me a lot now they are not picking my calls also.
How to go further.Pls suggest
Unfortunately for you, business to business complaints are not covered under consumer courts.
Hi Sir,
Recently i have migrated my post paid airtel connection to pre paid connection. As per airtel, i have given all necessary docments and got new pre paid sim.
New sim was activated after 10 days upon continous follow up with airtel branch office. All of a sudden they called me and asked to re-submit all the documents otherwise they will deactivte my new pre paid connection.
The reason what they have given to me is that – during first re-charge i should have recharged for 240 Rs, instead i have rechared more then 240 Rs. so have to provide documents again, else it will be deactivated. They have deactivated now.
When I checked with Airtel call center, they said there is no such recharge amount, we can recharge any amount. Even i got this via email confirmation.
Can i get this complaint registered. I was using this number past 8 years and now lost the number. Also the way branch manager spoke to me wasvery rude.
Please post your answer
Thanks,
Yes you can file complaint. I hope you have some proof that you submitted the documents. Most likely they will give lame excuse that your documents did not reach them at all and that’s why they deactivated after 10 days.
>> I was using this number past 8 years and now lost the number
Ask for minimum 50K as penalty. I doubt they will take it seriously otherwise. Going to court 5-10 times to get Rs 500-1500 as penalty is not worth it.
Thanks for your reply.
Really appreciate your time and the response – Thanks again
Hi Sir,
I did courier a Brand new mobile Moto G work 13,000 Rs through “professional courier”.
The courier was sent in normal procedure , during courier time the employee did not ask what is inside the box and even I did not inform as i understood they will courier in normal procedure.
The courier which I had sent contains mobile inside and it weighed 356 gms ( I have billl from professional courier) and when it reached the destination it had only 140 gms and the mobile inside the couried was stolen , the parcel was teared mobile ans its accessories was stolen.
Luckily my friend other end recipient did not accepted the courier because by holding the courier itself he understood the parcel weight was less and he asked courier boy to open the courier in-front of him.
As my friend saw there is no mobile inside the courier he reject the courier.
The courier reached the original office and I asked them what happened my content inside the courier,
The Professional courier employee says no sir this happens commonly in company we can not track the mobile you should have send this in our premier couriers , this would have not happened.
The Profession courier employee has given receipt and did not get my signature in the receipt and I have original receipt and photos of the courier after it returned with 140 gms.
Still the parcel is with Professional courier with 140gm and i did not collected that parcel.
When i shown the parcel to him he did not ask what is inside in which courier this parcel supposed to sent, Now they are making all these dramas and saying you would told what is inside.
My questions:- Why you did not ask what is inside the parcel?
What if I keep some drugs and other weapons will accept with out asking what is inside the parcel?
Finally , employee is saying the only problem is from our end is we did not ask what is inside parcel? and he says company will not provide any refund for this . I can provide only 1000 or 2000 for you from my packet for the worth brand new mobile 13,000 Rs .
I had given enough time for them , with all these nonsense behavior I went to lodge a complaint to police station they asked me to go to consumer court.
I would like lodge complaint against complaint first party as company and secondary party as employee.
Please help me here.
I doubt it is so simple that they did not ask for what’s inside and that should absolve you of all responsibility! Usually the prohibited items etc are listed, and anyway for high value item you could have considered insuring it or at least informing them.
As per their terms, their liability is Rs 100:
http://www.tpcindia.com/terms-conditions.aspx
Which may or may not be lawful, but I could not find any law which governs private courier services. If you can find such law/act, then if they have violated any terms inside that, that can help you. In absence of private courier regulation, Indian postal regulations may be used.
>>What if I keep some drugs and other weapons will accept with out asking what is inside the parcel?
Even if they don’t ask, if you transport prohibited items, then you will be responsible. Everyone is assumed to be aware of basic laws.
Can I file a case for 600-700rs products is is fake and defective…??
Yes. Doesn’t matter if it’s 600 or 6 lakh.
Hi,
I found your article very useful, it had helped me a lot thank you 🙂
I need you advice in my case here it goes.
We had a BSNL broadband connection which had the plan of rs 630 and night usage (2am – 8 am) was unlimited under this plan. All of a sudden they stopped the night unlimited usage and started changing for it from 1st July 2014. The changes I came to know was on 22nd August 2014 when I saw my bill exceed 6000 while trying to pay it online that I usually do. I was not even sent an SMS /email or even a single call to inform me regarding this plan change. And also I have not given hard copy of my bill for the month of July and august this thing was happening before too n I was not bothered because I used to pay the bills online so I need not to have physical copy of it.
When I contacted the AO of my area he was not even ready to listen what I wanted to explain about my issue, finally I lodged a complaint on pgportal n they gave me somewhat around 3000 rebate on overall bill of rs 9000 appox. And now they are asking me pay remaining amount around 6000 soon
But I want to know from you that is there any point you find if I go to consumer forum I can get the rebate in the amount so that I can pay only my base plan charges (excluding night usage charges they imposed)??
And also the connection is in the name of my father, can I file a case on behalf of him coz he’s a heart patient he can’t go to court n all these days.
Please advice, it becoming like a harassment for me
>>is there any point you find if I go to consumer forum I can get the rebate in the amount so that I can pay only my base plan charges (excluding night usage charges they imposed)??
I have given the info on how to file complaint. You have to do the cost-benefit analysis since there no one can say for certain how easy or difficult it will turn out to be. You can add a penalty for 5-20 K as you wish to take care of legal cost or your own time.
>>And also the connection is in the name of my father, can I file a case on behalf of him coz he’s a heart patient he can’t go to court n all these days.
Plain reading says it is not possible. You can confirm with an advocate though too. Search for definition of complainant below:
https://deveshwar.in/the-consumer-protection-act-1986/
I took membership of country vacation. I found that many of their promises were false as what were promised were not in agreement. So next day itself requested for cancellation. They are not responding.
After reading your blog I made online complaint to CORE.nic.in.
Shall I wait for 3months for CORE to complete or shall I send them a notice an go to court.
Haven’t heard about country vacation, but there are already 2-3 other people who have complaints against country club india (CCI).
Mostly it happens because people sign up and pay based on some presentation they make, but maybe read the terms and conditions they had signed AFTER they reach home!
You need not wait for CORE to finish. They are advisory body, they don’t have court powers, so their influence may be limited in complex cases if the company refuses to budge or takes the potential litigation as a well-calculated cost of ‘business’.
Hi Smita,
Same problem with us also in Bangalore.
Where are you located?
Can you give me a call on +91-7406849520
Thanks and Regards,
Avik
Just adding my own point, I run this site 🙂
Each customer complaint will have to be individually made and it has to stand on its own merit. Court will not look at ‘data’ like how many other people have the same problem.
Sir, I purchased a Samsung Mobile phone from Authorized Only Samsung Selling showroom in Bangalore on 28.09.14. Around 9:30 PM. (say effectively on 29th).
On 30th while taking a pic my phone hanged, I had to remove the battery to re use my phone. It happened again in 2 min, from then, each time I take a pic from my new mobile camera.
So I have taken a video from my 2nd phone ( video of 17 min duration ) which shown my phone switching off every time I use my camera and each time I need to remove my battery.
Then slowly I could make out heating issues, Signals problems etc in my new phone.
Now, as all know in Bangalore 2nd oct to 6th oct were holidays, 8th oct was also a state holiday, plus I was really upset about my new phone, I could only take my phone to the service center only on 11th of oct.
I asked the service person for a replacement of the phone, since it was a new one. he refused saying replacement as per Samsung is only within 7 days, when I asked is this 7 day replacement policy for faulty device mentioned anywhere in your bill, he had no answer.
Then I gave my phone for service on the same day (11.10.14), 13th I got a call back from service center that my phone is serviced and ready for delivery.
14th Oct I collect the phone and found that the phone hangs immediately I take a pic from my so called rectified phone in front of the service engineer,
Service manager says that they have rectified the phone and undergone quality check also, the phone was working find before handing over to me and after taking the phone back to his lab, says he needs to change the camera, for which I did not agree.
Since it’s a new phone and the problem is not only with the camera and had other issues too, asked for a replacement of the phone.
Written a mail too to Samsung customer CEO ID found in the website, no response.
When I call their customer support no, they say replacement is only within 7 days,
I don’t want to give my phone for service center because it is clearly manufacturing defect with multiple problems.
I have bought a new phone to use it and not to run behind their Service Centers.
Now can I file a complaint in consumer Forum, if so please help me.
I have all the proof:
1) Purchase invoice.
2) Video record during hang and restart, proof of time and date of the video taken.
3) Video record for all the conservation has with the service engineer and manager.
4) Call Voice record had with Customer support rep, when he remotely checked the issue and acknowledged that the phone had restarted when he checked.
I am Venkatesh Babu from Bangalore, my no is 9916777711
>>I have bought a new phone to use it and not to run behind their Service Centers.
>>Now can I file a complaint in consumer Forum, if so please help me.
I have all the proof:
The evidence should be enough. It requires some patience though since if they contest it can go into 5-6 hearings or more. Also you should attach invoice of new phone also to prove that you have purchased new phone already and want a full refund from samsung.
Hi,
Can we file a consumer complaint against builder who missed the delivery date multiple times.
The finishing work of the villa is not completed even after moving in and giving a post date cheque for the balance amount.
Also the builder threatened in a call.
Can we file a complaint against such builder and get him straight to get the pending work done ?
Mr Harish,
>>Can we file a consumer complaint against builder who missed the delivery date multiple times
Yes. Now is a good time too, unless you want to wait for auspicious time to file a case 🙂
>>Also the builder threatened in a call.
A bully too? Bullies usually will show up whenever there are people to be bullied around.
>>Can we file a complaint against such builder and get him straight to get the pending work done ?
Yes of course. But maybe people are too timid. They will haggle with vegetable vendor for few rupees, fight with maid over 1 leave she wants to take; but with builder where we have invested tens of lakhs we want to let it slide for years altogether. What’s apparent is: we want to fight for justice with the weak, not powerful!
One of latest cases from Noida which went to SC, just as an example:
http://www.hindustantimes.com/india-news/noida/home-buyers-win-sc-asks-supertech-to-return-money-or-give-flats/article1-1246260.aspx
I think the above happened where hundreds of people got relief because just 1 person approached the court. You need to be that person or find him/her. The amounts involved will be big, so you may need to approach State of National level forum. Information is available on this site.
Dear Sir,
i got cheated with the Sales representative of Dealsothon.com, the sales reprasentative (Rajeev/Gowrisharma) both some how convenced me and made me to do transaction nearly 2.80 lacs over the period of 2 years , they kept promising that i will get assured Cash prize of 8-15 lacks . but now they are telling me that i will not get any prizes,
so i wanted to return the products which i received from them, even i never apporved any of the products list as part of the transactions still i took those products thinking that i will get assured cash prize.
now i want to file complaint against them , They have all my approval mails for most of the products.
But my question is i did all the transactions because of Prize amount which (Rajeev/Gowri sharma) promised during the transactions.
i need your Guidence to file complaint against Dealsothon.com…
As a ethical business ,if some one mislead the Customer then is it unethical business.
Regards,
Nagaraj
9886048910
It’s an evident scam.
Since you got some products in return, the whole case hinges on whether those products were worth 2.8 lakh? Or were they worth only Rs 2800, and the rest of the supposed deal was the promise of assured prize. I can’t even begin to understand how the words “assured” and “prize” can be used next to each other though.
Depending on kind of promises made, it could be criminal case or simply consumer case. I suggest approach consumer court if you can prove that the money paid was in no way worth the products you got in return, and you did it solely based on assured cash back.
Can we file a complaint against poor service for car at their authorized service center? The case is that they have even spoiled my car when I gave it for servicing and now they are blaming for the previous regular servicing not done.
My complaint is not against the quality of product rather it is against the poor service due to which my car engine parts got damaged. My car engine was working perfectly fine when I gave it for servicing and they did not mention about any problem regarding engine in their job card that time.
Vikram,
Of course you can complain. How to prove your points is the important thing.
Not sure how easy it will be prove either for you or them as to how and when the engine fault arose. If they didn’t disclose the fault while taking the car and later said the fault is there, that point can go into your favour but it all depends on the fault itself. They will say the fault could not be seen during routine check while accepting the car.
1. Do you have bills/proofs of regular servicing whether local or authorized?
2. If they say it is because of local service, that by itself doesn’t have much merit if you can prove the local repair shop has been in existence for many years etc. It is a common tactic for authorized service centres to blame everything on previous local repairs.
I think the key point is what kind of fault it is and does it lie unseen but manifest suddenly. It’s all about automobile mechanics and expert mechanic opinion. Having some knowledge yourselves may help else it’s difficult. You can try searching automobile forums like team-bhp etc and maybe even raise your question there.
Finally, it might be worth it to file consumer court complaint and claim all the charges for getting it back into shape after getting the repairs done. Try getting photos of all the old parts and new ones which they replace. You can ask them to give the old parts to you and be present at the time when they open the engine etc. There’s uncertainty always how consumer complaint will go, but those who don’t try will surely not get any benefit!
Vivek
Hi vivek
I was litle disappointed/ demotivated by the type of question put by the district consumer judge today. He asked
1. How do we know that your TV is not working.
2. Whre is the Job card. I told him job card is not provided by company, you ask the company why?. Member forum even agreed to me,but this guy has his own opnion.
3. Why donot I getmy TV repaird and then file a consumer case I may attach the cost of the repair.
4. How does it matter whwther more case are there?
5. In totality , i found him to be deattached towarsd consumer and atatched towards companies. And that is th image he carries in the court complex. Vivek, this is a personal advice, I donot whwther you may want to publish it or not. I leave upto you. Finally he agreed to send notice to samsung the next hearing will be in Septemver
Regards
Anil
anil,
I was not getting email on every new comment (if already approved once), so I saw your comment only now. I have changed the comments’ settings now to email me always.
The important thing is that the complaint has been taken up. Congrats! If they did not send a notice to other party, that would have meant your complaint is rejected.
About judge’s questions, one should not attach any emotional importance to them. Point 1 seems like second rate interrogation though. About point 4, he is trying to say that your complaint has to stand on it’s own merits irrespective of other people’s experience with product, but I think that statistics of higher defects in general is an important part of your complaint. When the time comes, you can argue on that part.
In general, some judge may seem favourably inclined and another may not. What matters is do they follow the right process or not. And it is up to citizens to set right the flaws in the system, else things will continue like this for decades to come. Someone gets killed in a road accident, people burn a few buses and then everyone goes home. Till the time it happens once again!
Vivek
Thank you Vivek !!
Do visit us, whenever you come to gurgaon !! My number is 9990588815
Anil
Dear Vivek
Can I offer two alternatives to Opposite Party as a part of Relief Sought. And secondly, can I use the word ‘I’ instead of ‘complainant’ in complaint. Pls guide if anyhing needs to be amended in below Paras (Excerpts)
Thank you once again a lot Vivek !!
Regards
Anil
For example:
1. RELEIF SOUGHT:
1. Direct the opposite party to replace the non-functional/sub-standard/Quality deficient LED display panel of the complainant free of cost. Alternatively, direct the opposite party to take the TV back and refund complainant’s hard earned money.
2. Direct the opposite party to pay the cost of the proceedings and
3. 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.
*************************************************************************************************
I (Complainant) have always trusted Opposite Party basis the claims made in their advertisements in various electronic and print media that Opposite Partyhas established itself as a world class leader in the consumer durable home appliances in the Indian market for its superior state of art technology and its after sales service to Indian customers.
That after doing a lot of research on the web, basis the above facts, and XXXX claims, I zeroed on one of the XXXX high-end LED TV on 20 January 2012 with one year warranty. The details of which are mentioned above: True Photocopy of the invoice is enclosed as Annexure A.
************************************************************************************************
PRAYER
Sir, we are a middle class family, but very brand conscious people and have invested our hard earned money and time in buying this SAMSUNG product. Now, imagine our plight that just after two years, we have to shell out another Rs 23,000 to make it functional. And that too living with the fear that the same thing can occur again. Are we supposed to keep paying SAMSUNG repeatedly, for buying a product and trusting its quality? That Complainant is not debating about the warranty here, but are asking for the minimum average life expectancy of a brand SAMSUNG product. When we buy a SAMSUNG product we do not need to look at the warranty period as the name itself instils the confidence that the product will last for a long time, otherwise there are other economical branded options available in the market with better warranty ( 3-4 years). I (Complainant) expect high quality in return of high price. Complainant expects OPPOSITE Party to deliver quality and reliable product which will at least last some substantial time. If the Complainant have to change the display panel after two years, then how is SAMSUNG different from other economical products. How Complainant is to know that a big brand like Samsung will fail my expectations so badly?. It is a double whammy for the Complainant that he paid a huge amount at the time of purchase and now again is asked to pay around Rs 23,000 just after two years which is not possible for them.
Complainant further submits that even opposite party best endeavours to provide Customers with impeccable product, and company’s rigorous quality checks have failed to maintain the high standard expected from Samsung. Ours is clear evident example of this and there are many more. Complainant strongly disagree that “normal usage” of a “Quality product” will lead to this kind of product failure. Definitely, it has something to do with the substandard production quality of the display panel which cannot operate more than two years. Hon’ble forum, for your reference, internet is full of exactly the similar complaints of the display panel (UA40D5000PRMXL) going faulty around the same time, of the same model, which Samsung has failed to notice and rectify. Is SAMSUNG implying that they are making these expensive TVs to last for 2-3 years as per “normal usage”, and if a person is lucky he might be able to use it for more than 2 years. Then Opposite Party should inform the customers in their advertisements and manuals that under normal usage the product will last for only 2-3 years, so that customers can take informed decisions. I am completely dissatisfied in terms of customer satisfaction from Opposite Party. Screenshot of the complaints appearing on the internet on google search is enclosed as Annexure C.
Yes. I don’t see any problem giving 2 alternatives the way you have mentioned, e.g. either repair the product or replace with new one.
If there are many complaints by customers of same brand on internet /social media, then that is a strong argument in your favour that they are using their strong brand value to push a faulty product. It is not possible that by now they won’t be aware of customers’ complaints all over internet. It can fall under category of deficiency in product or lack of basic quality in product esp when compared to the price paid.
I don’t see any problem in using ‘I’ instead of complainant, in fact ‘I’ is preferable. Anyone else like judge or Opposite Party (OP) may refer to you as Complainant and that should be fine.
Thank you Bro !! I am adding your point also.
God bless !!
Hi Anil,
Just curious to know if the issue got resolved. We are facing the exact same issue with our Samsung TV – display panel. We had shelled out 78000 for the TV and within 3 years, the TV has stopped working due to panel issues. Samsung is asking us to get it replaced at a cost of 35000, which is insane.
Would like to know what course of action you took and whether it was worth it.
Thanks a ton!
-Padmaja
sir,
we have taken a Max New york policy (policy number 792569956 ) and paid two years premium like Rs.24,000/year (Rs.24000*2=48000) But now we are unable to pay money & we wanted to take back our money.
I sent my son and enquired the same, the Max Newyork people told that if we surrender our policy we will be getting only Rs.16,000/- out of Rs.48000/
So i wanted to file a case against them.
please suggest me your idea sir.
Can I and will it be helpful sir.
Dear Shailaja ji,
Usually a policy like this will have well defined clause like how much is surrender value if you don’t pay the premium after certain date.
You need to check the brochure or policy document and read it carefully. They might be saying the truth but you have to verify it.
The other option is to somehow pay the remaining premium amounts so you get full benefit of the policy.
Usually the ULIP policies were huge scam which deduct a lot of the money as expense in first few years. I think they were banned by SEBI or IRDA. I am not sure why people fell for these policies without reading the full clauses which are very unfavourable to customers in case they discontinue the policy in initial years. What you have probably is a single or double premium policy. I haven’t gone through these but probably they have the same disadvantage built-in against customers.
I can comment further only after knowing the clauses/terms of the policy.
Vivek
dear sir /madam
my self Dinesh i m working in a Bpo company. i am using one postpaid Vodafone corporate sim card, last amount i got bill amount 3068 which i have not used it. when i en quire about the same they said its due to technical issue the bill has generated this much we will wave of to you of 2400 and only you have to pay 300 + tax Amount 368. but they are asking me to pay tax for whole 3068 which is really not fair to pay it, so finally i didn’t agree to pay the tax amount. again they called me by saying the tax amount will be waved off so please pay the remaining balance. but when i walk up to nearest Vodafone center they are saying we don’t have any data for waving off tax . Now i have all the call recordings ,So please advise will it be treated in the court..
Every problem doesn’t need to go to consumer court, but I won’t stop anyone if they want to 🙂
For smaller complaints like this you could try http://core.nic.in or national consumer helpline at http://www.nationalconsumerhelpline.in/Index.aspx. I have tried first several times and they were able to help with similar issues. Only problem is their website is finicky and rarely works. The 2nd one is something I haven’t tried and it is also by government so it is official (not just some websites with consumer in the domain name).
If it is corporate account, maybe your company might be better able to negotiate with vodafone.
If all of above don’t work and you are willing, then maybe you can pay the amount for now but email them that it is only to keep the account active and you will file complaint; and then file consumer complaint to get back the amount + penalty.
I want to Log a complaint with Prestige Show Room in Bangalore Khamahallai I want the e mail address for it
Regards
Christdhas
9901033220
You can call their toll free number or google search website. Even Justdial can tell this information about nearest branch.
Hi,
I have taken a broadband connection and directly use the ethernet cable in laptop. one day one of my laptop made a bursting noise and is dead since then(only ethernet cable was plugged in). i plugged in the ethernet cable in other laptop and i got an electric shock from laptop and since then it is not detecting any ethernet cable and was told by network people to replace the motherboard.
i have already sent a mail to the company ,though i am not sure how much of a case i can make in this circumstance if i go to consumer court.
Not clear whether you are referring the problem to broadband connection (through ethernet) OR to the laptop. Since both laptops have ‘behaved’ strangely, the problem could be with cable but haven’t heard of such issues with ethernet cables. In India, we don’t hear of modem/phone cable damaging the motherboard but it is heard in US etc during thunderstorms with electricity; so people use electricity/spike suppressor on modem/phone cable going into computer. An ethernet cable is coming from the broadband box so unless the box itself has a problem, such a thing can’t happen.
If you think the problem is only with laptop, then you can claim repair if under warranty. If not under warranty, then it is not possible.
If you can prove the problem is with broadband box, then you may be able to claim damages in consumer court caused to your laptop(s). Because the box has no other use other than when used with a computer so it is a clear defect in the product which caused damage to the laptop. I can’t think of anyway other than using some electric testing equipment to check the voltages etc coming out of the ethernet out on the broadband box. That can be given as the evidence to consumer court.