The real name for consumer court in India is actually consumer forum. Well, that takes a load off my chest! We want to use the right term called consumer forum but if that causes any confusion among people then the purpose will be defeated. So from now on I will be referring to consumer forum and consumer court as one and the same thing.
Note: Find in this article a format/template/sample of consumer forum complaint.
Update 30 Sep 2016: Get my free eBook Surviving the Legal Jungle which also covers basics of contract law, consumer court complaints, and how to hire and manage an advocate.
I have not written any new content for a long time. The posts about RTI generate good amount of visitors and some of them contact me regarding filing RTI, so I hope it is doing some good somewhere.
You must read the easier solutions before contacting me about consumer court complaint
Update 6th Jul 2014: Please read this post to decide first whether you need to file a consumer complaint or there are easier alternatives by way of making complaint first on government sponsored consumer help sites.
Have you read the alternatives to consumer complaint post?
Answer: No. Please go back and read it. This article is meant to handle more serious consumer issues which can’t be resolved by simpler techniques.
Answer: Yes. And have you already tried those solutions? Or you don’t think your case can be resolved by those? This means your case should be serious enough and it can’t be fixed by simpler techniques like online complaint at government of India portals for consumers, complaint to banking ombudsman etc. If so, read the full article below (and the comments) on how to file complaint to consumer court in India.
Update on 22-Sep-2014:
Did you try filing online complaint at National Consumer Helpline or call their national toll free 1800-11-4000?
Answer: No. Filing consumer complaint is more laborious than filling an online complaint or making a phone call. So my sincere advice don’t waste anymore of your time reading what follows, unless you are sure they cannot help you in anyway.
National consumer helpline works! They are a govt website/toll-free number to help consumers resolve their consumer related issues. I have recently filed 2 complaints with them online and both the times the website worked without issues (unlike http://core.nic.in). I even received callback from them and they gave suggestion on how to proceed on my complaint against Deccan Herald. How many times has it happened in your life that a govt department called you back? Achche din aa gaye 🙂
http://nationalconsumerhelpline.in/
OR call their National Toll Free No 1800-11-4000
Update 27-Oct-2016: From feedback from others, it seems NCH is mostly about guiding people about how to go about filing consumer court complaint after sending a written notice to the opposite party/company. So if you have already sent written/email notice/warning to company and that didn’t result in any solution to the problem, you might as well go ahead with steps on how to file consumer complaint in this article. The information given in this article is much more detailed than what NCH will provide.
Phew… with all of that out of the way, original post continues below:
I have decided to start writing on consumer issues, simply because I am at my wits end with never ending bad and malafide behaviour by all sorts of companies like Airtel, Tata Sky, Flipkart and so on. I have a new name for Indian Consumer: ‘Prisoner’! Because that is how these companies treat their customers hoping that they won’t or can’t hit back and they have no choice but to keep getting oppressed and continue to remain their valuable customer/prisoner. I had recently filed 2 consumer court cases in Bangalore and won both of them. Well almost, because although I have got the favourable order in the second one against Flipkart, they haven’t paid their dues so I will have to file for execution which is another legal step. Which is why I feel the time has come to shame and expose these naked emperors and continue doing it as and when they choose to become our oppressors. In last few days, I had to deal with a new issue by another internet company and so I thought why not use the power of web and social media to keep them on their toes, rather than sound like a hapless consumer/goat who they seem to believe is merely squealing at them. Now hear me roar!
So my plan for this post is just to outline the basic steps on how to file a consumer forum complaint, and I will use fresh posts to expose and warn about any new tricks being employed by various companies. I will also post the scans of consumer forum orders I have won already. The posts will remain permanently on this site so just like visitors coming to read RTI posts, there will be visitors coming to these posts too. I plan to use Facebook to give updates on new posts. As long as I stick to the facts, these companies will have no recourse but to suck it up since it I am saying the truth and not unjustifiably defaming them. They have the choice to treat the customer as customer and not prisoner, or let their names keep getting added to the hall of shame. One fundamental reason for these posts is that from now I plan to send links to these posts to any new companies who try to get smart and treat me as their prisoner. I am sick and tired of trying to make myself sound serious to them and they better start taking it seriously than empty threats.
Consumer Tip: It has been my experience that companies are quite sensitive to any negative feedback posted as a webpage article, be it your own website or even a consumer oriented website, e.g. http://www.mouthshut.com. After posting separate negative reviews about Pepperfry and Infibeam and informing them, I was able to get the required refunds (although for Pepperfry I could not get the full shipping costs).
So if you have stayed with me so far, either you are a true consumer fanatic, or maybe I write/rant too well. In any case, stay with this post for a little while more because here come the steps on how to file a consumer forum complaint (the points below are mentioned how I did it in Bangalore, apart from that it is all generic and should work in all other district forums too):
1. If subject matter of complaint is less than Rs 20,00,000 (20 lakh rupees), then you need to file in District consumer forum which is what follows in this post. The fees to be paid is Rs 100 for up to Rs 1 lakh of (value of goods/services + compensation) demanded. Refer to this post for fees to be paid for other compensation amounts and also for compensation amounts which are higher than 20 lakhs and jurisdiction of higher level forums than district forum.
2. Write or get printed the complaint matter on a plain piece of paper with all the details. There is no need to go to a lawyer for minor complaints since consumer forum in Bangalore is quite friendly and if you can write your points, that is all there is to it. There are many templates available on various websites, you can use them. You need to address the complaint to the official address of the company within Bangalore and this can be found from their website. If they have a branch address in Bangalore then you should use it. If they do not have a branch address mentioned on website, then use address of whichever corporate office is in charge of Bangalore/Karnataka.
3. There is another point about some sites saying that one has to file an affidavit, many sites will call it as verifying affidavit. Actually, I haven’t found it to be necessary in 1 case (against Panasonic) which got settled out of court but in another case against Flipkart I had to file a single page affidavit (I insisted to file a single page than repeat the same facts all over again) just referring to the original complaint. You can file it along with original complaint if you choose to. It has to be notarized so it is a proof that you are who you claim to be and you are filing this complaint in your sane mind, which may not be so sane after being at receiving end of today’s prisoner-takers err… companies. Note that the original complaint does not need to be notarized. I had done it for first complaint against Panasonic, but then realized that it is required for the accompanying 1 page affidavit, not for the complaint itself. So the whole process is much less complex than made out to be on various websites which tend to make it seem like an elaborate legal affair.
4. Sign the complaint and get 4 copies of the original complaint. You can call the Bangalore consumer forum number at +918022211137 about any queries you may have about filing and they seem to be quite helpful. Remember what they say is the real deal compared to what’s written on a website, and it is they who will accept the complaint and give the acknowledgement. Their full address below:
Bangalore Urban District Forum,
Cauvery Bhavan, 8th Floor, BWSSB Wing, Kempe Gowda Road, Bangalore-560009
Telefax
080-22211137
The proper entrance using vehicle to above building is from K G Road which is one way so you have to basically turn right to enter the building. There is a walk able passage at the back of this building from the nearby city civil courts too in case you ended up parking there.
5. Get a demand draft (DD) of Rs 100 made in favour of The president, Bangalore Urban District Consumer Forum which is basically the fees for filing complaints with matter value less than Rs 100,000
6. You will have to provide Rs 40 worth stamps on an envelope with address of OP at time of submitting the complaint. It can actually be done after the first hearing also since that’s when the notices are actually sent but I prefer to get it done right away at time of submission. This same envelope is used by consumer forum to send a copy of complaint to the OP. The Rs 40 is probably the current cost of RPAD (Registered Post Acknowledgement Due) in Bangalore so confirm this at time of filing and paste the right amount of stamps at submission time.
7. Submit the complaint at address above and get the acknowledgement. They will enter it in a register and will provide the court case number in few days. On one occasion, I had got the this court case number over the phone and in another case I was asked to come to same office get the number.
8. Along with the case number you will be asked to go to a particular district consumer forum on the said date and be there by 11 am when the court starts. Basically there are multiple district forums within Bangalore and my guess is their workload is divided based on complainant’s address because both of my cases got scheduled in the 3rd Additional consumer forum on Cunningham Road.
Usually the first hearing will be scheduled within few days so plan to file the complaint when you are not going out of town in next couple of weeks else you could miss the first hearing. It happened with me and I was told that if I miss the second one too then the matter will get closed.
9. On first hearing, the judge will ask you about the complaint to find out whether it is in jurisdiction of Bangalore forum and whether it seems prima facie genuine. With that formality done, they will give you a date after 30 days to give sufficient time to OP (opposite party) to get the summons/copy of complaint and appear.
10. On second hearing, the OP will appear or maybe not appear. If they don’t appear, then court will ask to come next time and if they still don’t come then you can argue your case and judge will give the order next time the OP being deemed as ex-parte, which is legal term for a party to which summons/notice was sent, they got the summons but choose to not appear in proceedings.
11. Alternatively, the OP may decide to settle it out of court with you if it is a no-win situation for them. In that case, if both of you agree then you can get your compensation from OP and appear in front of judge to say that you have both agreed to settle it out of court. The court will ask both parties to sign the order to same effect. The court is not concerned to what exactly is the details of your settlement, it will merely record that the parties have settled the case amicably between themselves.
12. In case the OP appears, they will submit a written objection etc stating their position and facts according to them. The judges will hear both sides’ arguments and decide the case based on who seems to have the evidence on their favour.
For me the situation that the OP appeared and argued has not arisen. They either settled out of court or chose to not appear. Hear me pat myself on the back!
I will post more material like sample templates etc in next few posts. The final point is that the cases are decided based on hard evidence so if you have all of that then it is not difficult to win. If you do not have hard evidence like contract terms, email exchanges, proper invoices, warranty cards etc, screen shots of website with order details/date etc.; then it could become a longer affair where you have to decide whether filing a consumer case is at all useful. So the most important thing is always to have a written trail of complaint and interactions done with the company in question. Which is why I never report any complaint over the phone because I believe that will not provide you with any sufficient written document trail for later use. And is it any surprise that most companies want you to call them displaying prominently their toll free or helpline numbers! You call them once and you will end up calling them 10 times after that. So no thank you, I always prefer to open a complaint via website, or by email to their customer support and keep a detailed written trail thereafter.
Format/sample/template of consumer court complaint for Bangalore
You can find the format/sample/template of consumer court complaint for Bangalore in this later post. For non-Bangalore complaints too, it can be used by replacing the forum name/address at beginning of complaint.
After you file a complaint, you can contact me over phone to discuss about progress of the case, what to expect in court, how to handle court hearings etc. Use Contact link on top to get in touch.
Questions and my replies related to consumer issues and consumer complaints
There are lot of interesting consumer related questions and my replies to them in various comments below. Most of the time your issue may be discussed already, so it is strongly advised to spend some time going through these comments.
LATEST Questions and Replies: https://deveshwar.in/how-file-consumer-court-complaint-bangalore/#comments
You can keep clicking on Older Comments link to go to previous comments on each page. Now that the number of comments has increased, it is not very productive to link to each comment page and expect people to read through each of them to find if their problem is already discussed. So I have added google custom search box on top.
Just type the brand name, e.g., Samsung, BSNL, Airtel etc in the search box to find if a particular company has already been discussed.
To search for product, type “led tv” or “broadband connection” (without quotes) in the google search box and then zero in to the result. As it stands, it links to the main post and not the exact comment and that’s how google search provides the results. So after that you may have to page up/down through comments.
To ask a question, post it in the comment box and you will automatically receive reply by email when I reply to the comment — usually within 24 hours. I now only reply to queries asked via comment box since they are useful to others too facing similar issues. For that reason even if the person hasn’t done basic homework I may still reply.
Only for serious cases or those with privacy concerns like medical cases etc, you can use Contact form which will send email to me and I will reply back. To make it very clear: if you use Contact form to email me about your new mobile phone not working as expected, I will simply delete such emails. Almost all the time I have seen people don’t even do the basic homework of reading the terms and conditions, but somehow expect me to solve their issue for them!
Further stages after consumer case is filed, and admitted in forum
Stages in consumer forum case:
- Filing: This article covers this stage in detail already above.
- Admission: This is first hearing when case may be accepted, or even rejected if it lacks merit, or consumer forum jurisdiction is not applicable.
- Objections by OP
- Evidence by way of affidavit by complainant
- Evidence by way of affidavit by OP
- Arguments
- Orders/Judgment
Evidence by way of Affidavit by complainant
Following is word .doc format of an affidavit which allows one to use already made points in complaint, and also add additional points, along with additional documents as annexures. Click on link below to download and modify it for your own case details.
Consumer_Forum_Affidavit_Sample_Template
After that you need sign and get it notarized (ideally it should be signed in front of notary and you should carry a govt approved identity card like voter id/passport/aadhaar to prove your identity to notary, even if usually notaries don’t ask for id card). It which may cost Rs 20-50 depending on number of pages and notary. It will be cheaper if you find a notary working inside any court complex.
Hi sir,
I have a query regarding the malpractice telecom operators use to deduct the balance of customers
I use IDEA network, They have deducted 30 rupee from my account activating some “SPORTZ UPDATE” service on 3rd Jan 2020. when i called up to inquire they told me that i had received a flash message for which i had clicked “OK”. Frankly i dont remember clicking OK for any flash msgs. Secondly these flash messages appear out of nowhere while we are using mobile phones and in most of the cases the “OK” is clicked by mistake only.
I am thinking of filing a case in consumer forum against IDEA CELLULAR. Its not about 30 rupee but about the fraudulent practice these network operators use to loot money. They must be doing it to lakhs of people and earning crores by cheating. I strongly feel that no valid legal consent / permission was taken from me (or any consumer for that matter) to activate such services (though i am not a legal expert). I feel TRAI should come down heavily on these fraudulent practices.
Do I have a case to file in consumer forum ??
I know most will say that “its just 30 rupee, forget it”, but i am annoyed with the way these operators have been cheating consumers since long time, I want to set it right somehow (though i am a simple common man with literally no political influences)
I myself haven’t seen such flash messages (don’t use IDEA), but if it happened even once with me with any operator I won’t let them live in peace! I have even complained once to get reversal for about Rs 3 from Airtel and they refunded back Rs 6!
This falls into category of unfair trade practice or unscrupulous exploitation of consumers which is recognized under Consumer Protection Act (CPA). Below is Section 9 of latest CPA after 2019 amendments. Subsection (v) applies in this case.
http://egazette.nic.in/WriteReadData/2019/210422.pdf
(9) “consumer rights” includes,—
(i) the right to be protected against the marketing of goods, products or services which are hazardous to life and property;
(ii) the right to be informed about the quality, quantity, potency, purity,standard and price of goods, products or services, as the case may be, so as to protect the consumer against unfair trade practices;
(iii) the right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices;
(iv) the right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate fora;
(v) the right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and
(vi) the right to consumer awareness;
misleading or dishonest business practice – even though it may technically be a legal contract, but since it is against consumers interest to trap them into clicking on something by mistake, it can surely pass the test of being a practice against consumer interests.
First file complaint to TRAI (online if possible else by speed post), and if their response is not positive you can file complaint to consumer forum. You can also try filing complaint first at https://consumerhelpline.gov.in/ but I am not sure as to current reliability of their complaint taking process.
Thankyou sir,
I went through lot of documents today and found TRAI regulations which state that explicit second consent should be taken for activation for these VAS services, and if the request for cancellation is made (within 6 hours for packs of less than a day and with in 24 hours for packs of more than a day) then the full amount should be made along with cancellation of such services. Currently i have mailed idea asking for their clarification, i will also write to TRAI and in the link that you have provided. These network people loot our money like anything and then cry that people are shifting to JIO.
People have faced such issues about billing/extra charges issues with all telecom providers, so one has to be ready to fight. Unfortunately, they continue to do it since very few people take the trouble to complain to TRAI or consumer forum so the penalty(if any imposed) is maybe thought of by them as cost of doing business.
My Iphone fell down and its glass broke on Oct 1 , 2019 . I researched online in quora and found a repair centre named Gadset Mobile repair who come and take the phone for repair.
I gave the phone for repair to them on Oct 1 and after seeing the phone they told it is only glass replacement and changed the glass.On Oct 3rd they returned the phone after replacing glass.For first two days I felt that the glass was wrongly placed and after two days it started heating up and it is completely switched off.
After this 3 times they took the phone for repair and this 3 times they had put different duplicate display on the phone which looked very bad without informing fine.
Even after this problem did not solve . When I tried calling them they stopped lifting calls.
Now I complained in consumer forum. The gadset has come with a reply like they will replace motherboard from an old phone or give a refurbished phone . I am sure motherboard from an old phone will not solve issue and instead create more problem. As we know the refusbished phone may have internal defects.
I have asked them for a new Iphone 7plus 128gb same as mine since now my phone is dead and completely not usable.Am I right?
If we seen online many people have suffered the same as me after going for a glass replacement of the phone. Am I right
Display glass repair may or may not work, and if it works it may stop working anyday without warning.
I don’t know on what basis you are asking for a new iPhone, when you gave them one with a broken screen for repair.
Please help me with the following issue:
I have been planning a trip to kerala. For that i wanted to book a houseboat in alleppey. I came across one website online that provides houseboats. I contacted the person over phone. He gave alternate number to send him a text on WhatsApp. I texted him asking about the whole package and its cost. He gave me all the details over WhatsApp. I liked the package so i decided to book it. He said that i will receive the confirmation of booking immediately after i make advance payment. He asked me make 50% Advance Payment which was a sum of 4500/- . He gave me account details and made a direct bank transfer to that account. He asked me share screenshot of the transfer, i sent him the screenshot. Post that I have not received my booking confirmation. I keep following up with him but he keeps coming up with excuses like he lost all contacts and data. I have sent him the screenshot of the payment at least 4 times but still haven’t received my confirmation. He then asked me send the chat history and payment on his email id. I did it, even then I did not receive my confirmation. Now he is not even seeing my messages and neither does he attend my calls.
Please suggest what should be the course of action?
Send complaint to Cyber crime police dept of your city
I used SBI to transfer money from USA to India to purchase a flat. Before transfering, I enquired with the local bank representative the procedure in advance. Money was wired and I received the proceeds 4 days later. Usually, international wires are received in less than 24 hours. On day 1, after wiring and ensuring money had cleared my USA account, I reached out to SBI local branch several times to check if they had received the money. No luck. To my horror, I found out that the forex cell of SBI had not contacted my local branch and they were not in the loop. While I was talking with my local branch, without heads up or notice, an email had been sent(on day1) from the forex cell and I was following up hourly with the local branch. I discovered the email only on end of day 2. On day 3, I had to print, sign documents sent and present to the forex cell. money was credited on day 5. At the time of preparing for transfer, the local branch neither informed me about email or additional documents that had to be signed/submitted and potential delay. I was kept in the dark! The forex loss because of late credit is to the tune of nearly INR 42000. This, according to me stems from incompetence, ignorance, apathy and deficiency of service from local branch. After months of speaking to SBI local branch, I have heard from them that an email was sent and i was late in submitting documentation and it was a weekend and hence i got the credit on day 5 (monday). I have phone record details of my communication with the local branch, twitter msgs. Do I stand a chance to claim compensation for deficiency of service for no fault of mine? Consumer forum?
It may be possible, you have to prove the case against local branch.
Also, since SBI is a PSU, you can file an RTI to ask relevant information about the steps taken/procedures followed/documents created/records kept/your communication records with employees – of this transaction from the time you first contacted local branch, till the money was deposited on day 5. Either you may get more positive response after filing this RTI, or the information received in reply to RTI (or even the lack of it) may be used as evidence during the consumer forum trial.
Hi..i bought a sofa set in the month of march 2019 from a local shop. Within a month foam is gone, color started fading and stiches all torn. They dont have a website and all.. i have been chasing them for more than 2 weeks. Every week they say they will come and repair but always lie . They never send people to repair.. its 25 km from my place. I stay in sarjapur and shop is in Ramamoorthy nagar Bangalore. I only contact them through watsup or call. Will filing a consumer complaint help as i am fed up of following with those frauds. Please advise. I have a bill but its normal paper bill with a seal of the company.
You can file consumer complaint now or after sending one final written notice to their official address – and they still don’t reply.
Take pictures /videos (with timestamp) of the sofa as in their current condition, to produce as evidence when needed.
Hello Sir,
Rental agreement was created between me and my house owner on 29th August 2016 for 11 months from 01 September 2016. I paid Rs. 35000 as advance amount during possession through bank transfer. I was paying Rs.6500 as a rent amount as per rental agreement along with Electricity bill, maintenance and water charges from September 2016 to February 2019. Based on mutual consent with house owner, I continued to stay after 01 August 2017 (after rental agreement expiry date) in the same house till 03 March 2019. I vacated the house on March 3rd 2019 and requested house owner to settle the balance advance amount on 08 March 2019 after reducing the February 2019 month rent + maintenance charges of Rs. 7100. After multiple followups, house owner had returned only Rs.5000 out of Rs.27900 on 27th March and refusing to return the balance amount of Rs.22900. He has quoted following charges apart from February month rent which was never informed or agreed on or before 03rd March 2019. > Rent adjustment charges of Rs 8903. > Geyser Repair charges for Rs. 850. (Geyser was working fine till March 3rd). > Mixer Leakage repair charges for Rs.500 (No leakages till March 3rd). > Painting & Cleaning charges for Rs 7166 (Repainting was not done and not required also as the walls were in good condition). > Bescom Bill charges for Rs. 10120 (I already paid BESCOM bills directly or through bank transfers. Proofs have been already shared for the same). I have been following up with my House owner to refund the balance amount for the past three months but he gives me different reasons to avoid paying me back. I have first two pages of agreement copy and my house owner has original agreement. Can i file a case claiming the remaining amount + interest & inconvenience charges if any. Please advice.
It’s difficult to say whether consumer case is applicable, though a civil court remedy is always available.
Name and shame approach: For such cases, why not think of putting it online somewhere and sharing it to the landlord and his relative/friends circle too. I see mostly cases where some deranged/malicious people use social media for defaming someone BUT based on wrong allegations, however those with true and provable allegations shy away from using social media to broadcast the same!
Hi,
I had filed a case against my Samsung AC sometime around 2017. I have received the judgement order to be repair with 6 months extra warranty, replacement or refund. These steps had already been performed numerous times which I had mentioned and also submitted my email copies to prove the same. But still I received this unfortunate judgement order. When I spoke to OP, they do not want to talk or even mention about refund. All they want to do repair and then replacement. I am not sure how to proceed now as my prayer even mentioned about “refund” only. Could you please suggest?
The order did not go in your favour as per prayer of Refund. However, the reason for this could be simply that in general most contractual terms (esp for heavy equipment like like AC etc) mention replacement/repair as the option in contract – read the contract of Samsung AC once again carefully. For lightweight or small electronic items, replacement is a viable option since many a times these can’t really be repaired or the cost of repair is more than a simple replacement.
>>All they want to do repair and then replacement
If repair doesn’t work, you can request replacement, and if that also has the same problem, there may be no option but to live with it (after leaving bad reviews everywhere) OR again go for consumer forum complaint on the same. Check reviews/ratings of the same AC model online, if those are not too bad then likely it was a bad piece which came your way, and there is good probability that the replacement item may turn out to be ok. If most reviews are bad, then you have been stuck with a bad product.
Hello Sir
I have a case with 3rd Additional district forum and the next date is argument stage (no 6). However i am not sure if it is written argument or verbal. Is there a template i ll need to get printed before appearing or if it is verbal then what will be the format?
thank you very much for help
Regards
Nikhil
Written arguments. Verbal arguments are also made sometimes but I think it’s for more complicated cases. At least I haven’t made any verbal arguments yet, though I have seen advocates doing it in certain cases which to me seemed to involve more complex points of law than the general variety of cases.
You can use same format as in complaint petition with cause title at top, and mention Written Arguments as the heading. There is no need to notarize it.
Country Vacations is a company which comes under the Country Club group in India. They called us with the details we gave in a mall in Pune, while purchasing some stuff. We have won a special gift because of the purchase we made that day. We thought it to be a promotional event and went to the location provided to us.
We were taken to a hall with loud music and Tables and chairs were arranged there. They gave us some cheap gifts and told us to listen to their Holiday schemes. Since we were planning to go on a vacation we listened and were happy with the schemes they promised verbally. We were told to make the payment so they will give us the package at much lower price than offered to others. I had heard about this company before through advertisements by big Bollywood celebrities and without doing any further research made payment of Rs 93,000 ( 30,000 in cash and 63,000 by Credit Card). I was so influenced by the person and the surroundings that I didn’t gave it a second thought. After the payment we were given the contract which we signed as we were told that the same scheme told by the person is mentioned and that we can read it later.
After we came back home I thought to do some research online and I found that this company is a cheat as whatever this person told verbally was not mentioned anywhere in the contract. He was lying on my face all the time. I contacted the sales person on call and he again repeated that all the things he promised will be given to us after the membership card gets created. I checked the Internet and found hundreds of Negative reviews against this company. I made up my mind to get a refund as it was mentioned in the contract that there is a Cool off period of 10 days under which on applying for a refund they will just deduct 3000 something rupees and the other amount will be refunded within 120 days.
I made a lot of calls to the sales man after that he told me that there is no such policy but where I strictly asked him he told yes I will get a refund after 120 days.
I was in a dilemma and did 1 thing right as I called the Credit Card company to cancel that transaction.
Since then I have contacted , visited their Office in Pune hundreds of times, they behave very arrogantly whenever I call or go to their office. I registered complaints with Online Consumer Forum too, they too were not able to help me. After so many attempts too I have not got back my 30,000 Rs. I had almost lost hope as I have also got a transfer to Bangalore and the sales person doesn’t pick up my call anymore. But when I came across your website and read the details I think I can fight them and get my money back with your help.
Please let me know the exact process so that I can get my money back. I would be greatly thankful to you.
one guy having USA no has taken 65000 INR slowly and still not giving the package of iPhone. I need immediate response from you, every time after 5000 & 10000 deposits from my side he is aking money and does not send the package of I phone.
Complain to police
Hi ,
My case is at affidavit by complainant in this stage, I have basic doubt, is the affidavit should be on the stamp paper or on the normal paper? How many copies I need to have to submit to the forum. Can I submit the CD as proof which has voice recordings.
1. Normal paper but notarization required. One copy for forum, and one each for OP, and keep one for your own record.
2. CDs can be submitted, no of CDs same as for affidavit in point 1. Keep bill of CDs creation if burnt by a shop paid to do it.
Thanks for your continuous support, you are like Grahak Seva Kendra for the consumer who need your help. Also can you please elaborate more on written arguments, we need to file written arguments based on OP’s objections or they should be generic. How long these written arguments will go on? When will verbal arguments will happen? Will it be like bot consumer in person & lawyers will be arguing in these case. Sorry for bugging you again and again…. 🙁
Grahak seva kendra are for awareness level and very initial level information.
Written arguments are simple. Highlight your strong evidences, point out weaknesses in OP evidences, any contradictions made by them, and any omissions. Refer to your evidence exhibits, and OP’s too in arguments.
To my knowledge, consumer forums are mostly asking for written arguments only, and though I have seen oral arguments being done (along with written arguments submissions), they are probably done in more complex, or where amount of compensation claimed is probably more. If they want you to make oral arguments also, you can always do so.
Thanks lot for your help…will definitely update you about out come of this case discussion. Currently it is in Evidence stage.
Hi,
I made part payment to setup educational institute, I made around 1L as advance without seeing there material which was part of their service. After seeing the materials I came to know that, they are of different quality. When discussed the same with them, they agreed to return the money. But now they are declining to return the same after week.
I have not signed any contract with them, it’s only application form which I signed. Can I approach consumer forum with email and voice records?
–Sanjay
If it is a consumer relationship, not business to business. Else civil court has to be approached.
Thanks for the response, how do I determine it is consumer or business relationship, as I have only the application form. I wanted to start it for self employment, I have not bounded by any legal contract. Its only the advance and application form. Also education will not come under commercialization. Can you please clarify?
Thanks…
You should contact a lawyer or read the consumer protection act in detail for definition of consumer. Generally, if you take a service/product from someone and resell it then it becomes business relationship since you are not using it yourselves as final consumer; but buying, then selling it to others.
Thanks for clarification, I have gone through the consumer handbook. Also there is clause if it is for self employment and for livelihood it will not treated as a business. Moreover education will not be treated as business.
Hi,
Thanks for the detailed post. Its really helpful, though I have a query and need your help, if possible.
As you know almost all the local shops in Bangalore charge Re 1 extra as cooling charges for Milk, curd, cold drinks etc and they don’t even give any receipt for the same. If we ask them why they charge, they simply start shouting or say that if you don’t want to pay then don’t buy it from me. As per rule, no one should charge above MRP but in this case its a clear violation of rules.
Can you please suggest a way forward to file a case regarding same and to fine these shop owners (atleast which are in my home locality) .
Waiting for your reply, will really appreciate your help 🙂
Way forward is to file complaint to consumer forum. Since no one is giving receipt one has to record the audio (video with audio lot more preferable) conversation and file complaint based on that as evidence. Video can be taken by mobile phone kept in shirt pocket if camera lens is above pocket’s edge.
For cooling charges on cold drinks,it may be easier to move forward (emotional points), since they don’t have the connotation of essential supplies like milk etc, and they won’t spoil if not kept cold. I had conversation with pepsi representative many years back where she confirmed that shops are not authorized to charge anything more than MRP whether the bottle/can is cold or not. In fact the cooling fridge etc is given at subsidized rate etc to shop if I remember correctly.
MY NAME ID SRIDHAR .N
WE NEED FOR HELP ONE COURIER COMPANY IS GIVEN TORCHER EMPLOYEES LOTS OF EMP CRYING IN FMLY TILL NOW NOT CLR MY PF, SETTLEMENT. HOW CAN I MANAGE MY FMLY WE ALL POOR FMLY
Complain to PF department.
Hi Sir
The blog is quite useful for people who are looking to approach consumer court.
My case is that i had joined a yoga class by paying 7k and i went for hardly 5 classes and was not interested to continue.
I contacted them and asked for refund.. They said they do not have refund policy but they can try to adjust it with others payment if possible..e.g transferring my membership to others and their money can be given to me..
From that day my interactions are through whatsapp and i have saved the discussions and my followups.
I have areceipt for the amount what i had paid which doesnt talk about anything like no refund etc..
What are the evidence i can collect further to file a complaint or is it enough to go ahead.
Regards
Pavithra
No yoga service was taken, so there is no deficiency of service as such. You have taken a few classes so it is not the case that the reason of leaving them was because of some problem with the classes.
So the refund is basically something you can negotiate with them to the extent you can get back or transfer the money to someone else. You could gift it to someone even if you can’t use it yourselves.
>>transferring my membership to others and their money can be given to me..
I really doubt they are intent on following on it. Probably what they mean is that you get them another member and then they may refund your money, but I doubt even that is what they mean.
I run a small business (serviced apartment) —— in March-2018 I had a direct booking enquiry (Sr.Citizen), saying he needs accommodation for 4 days from 17-Apr to 20th-Apr, as his relatives are coming from the USA.
> I explained him that reservation will be done only on receiving a full payment and if cancellations done 14 days before the check-in date, refund will be provided.
> He gave a cheque on 03-April-2018 and a confirmation email was sent to him along with cancellation policy and other general information like check-in check-out procedures etc..
> Further on 12th-April he emailed saying due to health reasons his relatives are not going to visit, so cancel the booking and provide refund.
> I replied saying – sorry as per our cancellation policy, we will not be able to refund.
> Then he replied saying the airline ticked was canceled and they have given booking as it is on health grounds, so you must also give, else I will go to the Consumer Court/Forum.
> Now I have received a registered post – he has mentioned to the court that as it is health grounds the airline company has refunded but I am not agreeing even after repeated requests – and he requests the Honb’le court to give him mental and financial relief along with additional costs !!
>> This is my first experience, I do not know anything about court cases, so May I kindly request for help about how to handle this issue please.
(As he has mentioned his relatives name in the notice – i pulled up my records and released that, that person had made an online booking in March, and when I requested for payment and gave a deadline – he did not make payment, so as per terms I got the booking request canceled ——- thought of mentioning this if this may help).
Regards
Sagar
Airlines don’t refund primarily because of ill-health reasons, but as per their cancellation schedules and they will give full/partial refunds based on how far in advance of flight time has someone cancelled the flight. You can take such snapshots from many airline websites and produce it as proof that cancellation is done as per time of cancellation before flight due to business reasons, and your business also has similar considerations. They are giving emotional ‘logic’ basically. Their contract with airline has no bearing on their contract with you.
In any case, you have clearly communicated the contractual terms to them so they are bound by it. No service was ever taken so they can’t claim there is “deficiency of service” either. They can go to civil court if they want to try their luck, but consumer forum jurisdiction is not applicable in my opinion.
>> and when I requested for payment and gave a deadline – he did not make payment, so as per terms I got the booking request canceled ——- thought of mentioning this if this may help
This would be a separate line of reason based on contract terms, so you should use one of these NOT both. If you accepted the payment even after delay, then it is considered as accepted and contract is in operation, and you won’t be able to raise that as a ground.
Thanks a lot Videv. Your reply helped !
May I request for your address and contact for future requirements please.
Regards
You can use this form to contact me:
https://deveshwar.in/contact/
HI Deveshwar,
Thanks for your blog on consumer forum, which enthused me to take up a case.
I have filed a case against Maruti Suzuki related to a dispute on not giving full discount. I have filed the complaint. The stage is that opposing party has filed a counter saying that there is no case and my complaint is wrong.
Now i have to file a response with proof. The complainant is my wife but i am representing with Power of Attorney from her. So i have to file the reply or my wife has to file a reply. Should it be necessarily in affidavit format with notary signature, or it can be just a statement from me the PA holder.
Please clarify as soon as possible. The case is posted in the next few days. Please share phone number if not convenient.
I can’t say for sure but given you have PoA it should be right procedure for you to file affidavit also on wife’s behalf. Such procedural questions are easily confirmed by consumer forum staff also who will be sitting in a room close to the hall where cases are heard.
Namaste Sir, First of all I must a Big thank you for guiding people like us in the right way.
Myself karthik from mysore , can you help me with this query .Three Days back I got a call from Job Consultancy & Placement Services from: Best Job Portal in India …www.righthuntjob.com/ person named as Ishan hr right hunt job number 07706986757( mobile) stating that we are a placement service, and we have got openings in your place and other places. If you are interested please register with us, by paying Rs.3999/- we will make sure for arranging a interview call and for further details he transferred to another Hr head, he told after registering you will get all the details of job through mail, but i waited for half an hour but I didn’t get any mail regarding job opening ,instead of that i got a mail like this. When again I called back they sent a mail which i have posted below
service@righthuntjob.com
Attachments Jun 19 (2 days ago)
to me
Congratulations,
Dear Karthik A.n,
Now you are registered with Right Hunt Job. We are happy to assist you regarding best the job offers available for you. We are currently working on your profile and we are eager to be of service. There are some formalities which you have to fulfill which we have already attached with this letter. So, feel free to fill the forum and send to us.
We’re looking forward to seeing you in a good company according to your Profile.
Thank you for choosing Right hunt job.com, we look forward to sending you even more job opportunities. Please, feel free to contact us on “7800078761” for any queries.
Regards,
Right Hunt Job
(Team HR)
in the form they have asked the details of aadhar and other details,after seeing the form i found something is not right..so i checked for reviews generally like glassdoor etc ,there were no reviews found anywhere., so i thought it is better to cancel the services for cancellation they had mentioned in their form as
DISCLAIMER
1-www.righthuntjob.com is an indivisual and independent entity and is not subsidiary of any organisation.
2-Righthuntjob.com does not guarantee any kind of Job / Interview calls.
3-Please do not share your credit /Debit Cards details. Anyone disclosing the same shall do so at his/her own risk and cost.
4-Right Hunt Job representative’s may call you for promotional purposes to reveal offers of http://www.righthuntjob.com
5- The amount which you pay for any offered services are refunded only if you claim within 24 Hours post payment (Successful Transaction)
For any assistance, please feel free to call on our customer care 7800078761 between 10 AM to 5 PM Monday to Saturday OR you can write us at
straight away i sent a mail for refund within two hours of registration when they did not turn up, i called to their customer care, customer care people told that we will arrange for a call back within two hours,still no response from their end,again n again i called but they repeated the same thing we are trying to arrange a call and all,again next day i called them again they asked for 45 minutes then also no call from their side. But today (21-06-2018) I called them and told them if you don’t refund i will put up a complaint in consumer forum, then the call center people transferred to the hr guy who called that day and he told you didn’t file a complaint with us in 24 hours, now it will take 90 days .I told him i called several times to call center number and they are simply saying something and all and they are not taking complaint. After telling him if you don’t make an arrangement for refund within the prescribed time i will file a complaint. Now he is telling wait for 30 days. But to my knowledge it is a fake website in their website also if we click on the links like face book,twitter,google+ and LinkedIn nothing is there. So I am thinking to file a complaint. When I was searching to register complaint in consumer forum I came across your writing in quora. So please help me out what is they best way to deal with this. My only concern is if people lose money like this when they are in need of job like anything and their hard earned money, where they should go? I know there is a mistake from our side also. But sometimes fate turns like this. Please guide me.
Thank You.
Karthik A.N
Your blog is very helpful for consumers who do not know their way around. I recently had an issue with furniture delivery with Featherlite Bangalore and as per your blog, I wrote a negative review on mouthshut and shared it with them. I receive a full refund within a week after that.
Hi ,
I have read your blog and think to file my case for un Authorised transaction carried out in my credit card in march 2016 – july 2016.
The banking ombudsman is not accepting cas as credit card was registered in kolkata and it had crossed 1 year.
I have lot of email communicated with hdfc bank in past 2 years for reversal .
Need your suggestion that whether i should go to consumer forum for help?
Secondly the template you shared should be printed in stamp paper or plain paper?
Regards,
Sandeep
Now consumer forum may be the only option. Plain paper is enough.
Hi,
You really post good stuff on your blogs quite interesting to read!
I have a problem with a mobile app development company here at Bangalore. I have paid a sum of 7.5 lac rupees for developing an android, i os app and a web site having multiple pages its an e commerce idea. I have paid the said amount in NOV 2016 and haven’t received any of the deliverable from their end except the screenshots. They say that they have completed the website but they are not ready to give me the source code for the same they keep on dragging the date of delivery and ignore my calls and message posted via mail and skype its been years now these guys haven’t done anything. I have paid the complete amount in two installments and have the bills for the same. According to their contract they have clearly mentioned that they would deliver the product within 3 months. What should i do?
Can i file a complaint in the consumer forum?
No. Business deals can only be adjudicated in civil courts.
Hi,
Thanks for writing such a good post on consumer complains and how to resolve the complain. Better Idea is to call to direct company or make a comment on their social media page. Make a video upload on youtube and share the link on company social media pages. I recently bought a keyboard TVS Gold Hindi Devnagri. They Key not typing the letter printed on keys I made a video and uploaded on YouTube.com and send the link to social media Facebook page of the company they called me 10 times to resolve the problem and finally the problem resolved. They asked me to delete the video . Why????? you easily can understand the power of Social media. I hope My view will help the others.
This is in regards to the 50k loan that became 1lakh that has been provided to VIBES Jpnagar Bangalore
1. Email sent to bajaj head cust experience the email address mentioned on one email I received from bajaj.
3. Email complaint i have sent to Vibes but no reply from there end.
I took up slimming service from VIBES Jpnagar and was given a package where i paid 14k initially and than took up capital float loan for 1,20,960 loan amount. However i took serive for mayb max of 10-15 sessions as had no time and my wedding was round the corner.
**And then one day they asked me to add more services for laser face hair removal etc and asked fr documents and i gav it because i was told that they wil chck if can get approved from bajaj finance for 50k.
**Without any verificaton or confirmation (when i was told if amount gets appproved i wil cancel) they took the money and after wedding i hv not used a single penny service of that amount.
I took up slimming service which they have money already from capital float and this service i never took. If you notice and ask them for bills i visited them for service but juz for slimming service. No laser treatment was taken and now when the executive from bajaj named Prakash visited them they said that i come evry week for treatment evn now which is a lie and upon questioning she never answers me why she said that and her name is Ria.
I spoke to Hemant today and he asked to me to make one emi payment and he wil cancel the loan and I am claiming for that 5000 to be refunded too once loan is cancelled.
Above is the situation where 2 loans got issued from bajaj finance and one has my name as Neelam N with my correct phn num and other one with my correct name Neelam Naidu but altered my num one last digit
Without phome or home verification loan was sanctioned
I shifted my home aftr marriage and they inappropriately traced my new address and come home evry day and have been harrasing me with different people calling me and mother.
I paid one emi as my mother git abusive call from bajaj finance one night and they promised to settle n not disturb her if i pay one emi. I have email from them stating they can cancel loan n refund evn if 3 emi is paid but i dont want to pay as I dont beleive them. I have raised national consumer complaing and harrasment stil goes on without Ny solutions. Please tel me how to deal with this fraud done.
Vibes have used my documents to chck if can get loan and got the money and also one session was given which makes it trial as per there website guidelines.
>>And then one day they asked me to add more services for laser face hair removal etc and asked fr documents and i gav it
Only submitting documents is not giving request for approval for loan, but if you signed anywhere for new services then it can be a problem. Get all the bills/receipts you have and based on them you can file consumer complaint. My guess is they don’t have any proper written authorisation or signature from you for these extra services.
Also check if they have CCTV in the facilities. If they have, then mention that in complaint to ask them to produce footage/pictures when you have arrived for these extra billed services after the initial ones were over. They won’t have the footage, so they will come up with excuses etc, but then they won’t have any proof whatsoever for these charged services and no authorisation, so they have to refund and compensate for the harassment.
Finance company would also need to be made Opposite Party no 2, since it is not clear if it is only the VLCC or both who are at fault.
>>I have email from them stating they can cancel loan n refund evn if 3 emi is paid but i dont want to pay as I dont beleive them
Such email only shows it’s not a genuine loan since a genuine loan cannot be closed normally without full payment.
>>I have email from them stating they can cancel loan n refund evn if 3 emi is paid but i dont want to pay as I dont beleive them
Get screenshots of their website terms and conditions and save for evidence/complaint purpose to include in annexures.
Hi,
I bought food items through a website called Giskaa.com – You find north east kind of food there. I ordered “Smoked pork” on Feb 6th.. it was supposedly delivered via Fedex to some other address. I tried rectifying the wrong delivery via Fedex and finally received the product on March 3rd.. by which time the meat was rotten and not edible as you can expect. I get in touch with the company stating the situation on how I am expecting a refund or a replacement. Till date I have not received a response. I am guessing they do not want to offer a refund or replacement even though it was their fault.
Apart from this order, there are 2 other items that I’ve also ordered which haven’t been shipped as yet. A total order value of Rs.1200/-. They don’t respond to emails or calls, I’m helpless and don’t know what to do 🙁
Instead of rectifying address, it would be better to cancel or complain to giskaa once it is found wrong address has been put. Or upon delivery you could have raised return request without opening the package (damaged or defective product under their policy, see webpage at link below). Anyway, it is still their liability for having put a wrong address to shipper fedex, so you have choice of making consumer complaint if you want to.
For undelivered items, you can check promised delivery date and if it is already beyond that, then they should allow cancellation and refund.
This page lists their cancellation, returns policy etc:
http://www.giskaa.com/shipping-returns
Hi Sir,
I’ve gone through some of your blog on how to file the complaints. All of them are really useful.
I’ve done my car servicing on 20 Jan 2018 and have told them about windscreen scratches which appeared during the usages of car.
Model: Ford Figo
Year: 2014
Warranty: Yes (Extended till Aug 2018)
They provided the solution of “coating” which will remove the scratches and give additional protection of screen. After applying the solution for coating, my car windscreen appeared with patches covered all along . Initially they said it will go within a day and two; later they said they will remove the patches or change the windshield screen. After 3 visit they refuse to change the screen as they were unable to remove the coating or patches. This issue I raised to Ford India but they also neglected it by saying that coating is applied to satisfy the customer and those patches are due to hard water usages. Even I argued to them that show me if hard water should not be used for cleaning and also why such patches and marked are not there in back windshield and door windows glasses but they never answered.
I’ve all mail communication with me for the interaction with Ford India.
With this issue, driving in night is very risky as the visibility got down due to patches and even its very difficult when the light from opposite vehicle in on high beam. I told clearly to them if there is any accident happen its Ford India responsibility.
Later I raised my complaint to online consumerhelpline.gov.in but this also not gave me any result and they asked me to register my complaint in Bangalore Consumer Court.
Need to know if I should take my case with Legal Lawyer or should I fight with my facts? because this is a case against OEM FORD. Any help in this case Sir?
Consumer helpline is an facilitation agency, ultimately one has to approach consumer forum.
Whether you appoint lawyer or represent yourselves, case has to be fought on facts only.
You can buy and change car windshield yourselves (send written email/notice to Ford about it first that you are forced to do it for safety reasons and they will be liable to reimburse it in future), and then proceed to recover that spent money + compensation from consumer forum.
Hi,
I have got the court order in my favor and OP has been asked to pay within 45 days but OP is still providing excuse and delaying the payment. What do you advise here?
You have to file for execution, also you may want to confirm the format below (the sections 25/27 are important items to confirm) with admin staff of consumer forum:
https://deveshwar.in/file-execution-affidavit-winning-consumer-forum-case-opposite-party-not-obey-court-order/
Thank you,Sri Deveshwarji,.Thanks to your advice ,I approached National acomsumer forum on a serious problem.Got resolved .Got credit of Rs 5677.
Thanks
In total I paid Rs 13,70,969/- to trade cure services for fortune cash, fortune future and commodity services with an commitment of Rs 2,00,000/- profit per day. Even after 3 months of services, there is no sign of any profit and finally they made a loss of Rs 1,00,000/-. I found their services are not good and made huge losses after I paid entire money. Only during trail period, they made some profits.
Since they are not making profits as per their commitment, I am requesting them to stop the services for the last 1.5 months and refund the money but they are not agreeing to stop the services and continue to make losses.
I am normal middle class person and hence a loss of Rs 14,70,000/- within 3 months period is huge loss and my health deteriorated due to the stress.
Such trading advisory services which promise the moon are almost always a scam.
That said, it may not be easy to recover the lost funds. But you need to get back the capital at least (whatever remaining after you asked them to stop trading in your account). Check SEBI site also for complain against such trading/investment advisory services. Whether consumer forum is applicable here is difficult to say because whatever money you have entrusted to them is for purpose for making a profit, and even if it can fit into definition of ‘consumer’, it may be difficult to prove ‘deficiency of service’ unless you have some good written promises, contract, brochures, website terms from them. Mostly, they will always have a disclaimer /fine print that there is no guarantee of future returns, to protect themselves.
Hi Sir,
I would like to highlight that I am facing a big time harassment from Airtel regarding the wild & erratic bill generated for the month ending 22nd December 2017. The invoice raised was Rs. 48,244.78, which includes the international data roaming of more than Rs.40,000 for 1.5 days for my trip to Maldives. Following are the points which would validate my position:
1) Firstly, I never asked any Airtel executives to activate any international roaming facility on my phone number, so how was it activated? On discussions with the airtel executives, they have different and lame answers. Firstly, they say that your number had a provision for that and you initiated the same while you were on international roaming in July 2017. I would like to highlight here, i never requested for anything as such and i have never been on any international trip since last 3 years.
2) Secondly, they say that as soon as you dialed a number from Maldives to India, we activated the international roaming facility. Here, i would like to highlight that couple of times before going to Maldives, I tried calling from India to Maldives but those calls never went through, as they say that international facility is not available on your phone. So, how could my call go through when i was in Maldives. To this, i also have to say that my wife also uses Airtel and when she tried making a call from Maldives to India, She could not and her data was also not working. So how come, there are different treatments for the same network users.
3) Thirdly, when my credit limit is 3600, they why my services were not stopped? Again an exception brought here from Airtel executives, that while you are on international trip, this credit limit is not in force, I mean seriously, jow does a customer is supposed to know about these hidden exceptions and from does this come from.
4) Fourthly, isn’t it a duty of the vendor company to inform or warn its customers about it? the Airtel executives are clearly lying here, saying that we have sent you warning messages. I have several messages in my inbox, but i would like to honestly point out here that I did not receive any message from Airtel as soon as my IR data started working.
5) Fifthly, I was completely on hotel’s wi-fi and not on mobile data. Then how can this be possible? on this, the Airtel customer care says that your wi-fi must be weak so automatically, the mobile data would have got used.
6) I only came to know that Airtel is charging me for mobile internet, when i got the first message from Airtel on 2nd Dec regarding internet usage of Rs 787. At that time, i believed that that it may have been an error as it is not possible since i was using the wi-fi, anyway to avoid any further problems, I turned off my mobile data. Then the next day, at 6.20 am, I received another message from Airtel, that you have used data worth Rs 5,129 and as a precaution we will disable your service. I was shocked to see a bill of 5,129 since i could not believe how Airtel is charging me when I am on wi-fi and my mobile data being switched off. At 10:48 am, i again received a message from Airtel that your international data roaming services charge is 5,129 and your internet service will be blocked temporarily. At 11:50 am, i received another message from Airtel that your services have been barred. I was somewhat relaxed that there be a end to it to this undue and invalid charges. All the screenshots of those messages have been attached. But to wildest surprise, when my bill was generated i was asked to pay close to Rs. 50,000. My question is once my data services were barred, how the bill can shot up to close to 50,000? Airtel executives say that the data may not have been real-time. On the contrary, they say that there is no human intervention involved and everything is software based. Then my question is, if the process is so dynamic then how can the information you send to customers be lagged.
I am planning to lodge a complaint in the consumer court. Please advise.
Points in your favour:
1) >> international roaming in July 2017. I would like to highlight here, i never requested for anything as such and i have never been on any international trip since last 3 years
3) I am assuming this credit limit exists on post paid phone. It has to be respected by company, just check their terms on website to read if there are any situations where they will relax this credit limit, and if so, under which conditions.
6) These are very scam like arguments by them. It is possible for some delay, onus is still on them to prove why that delay happens; but I have seen in prepaid that they disable data immediately, because they are counting every paisa in real time for the ‘cheapo’ prepaid customers, so why would they be so generous with post paid customers? Anyway, there is no logical reason to use a different set of software disabling for postpaid vs prepaid customers. Further, you can do simple experiment. Take a prepaid airtel with very low amount say Rs 10 or even less. Make an outgoing call for duration till the prepaid amount is over, and record the whole conversation. When the charge is over airtel will automatically give a voice message while call is on that the mobile prepaid charge is getting over, press 1 (or some number) for automatic Rs 10 to be deducted later. Record this and produce as evidence. If they are counting every paisa on prepaid call and every second, and their software promptly informs customer and then disconnects the call, then why wouldn’t they do it on international roaming when every second costs Rs? They can’t hide behind this stupid logic, it’s just a scam they are trying to pull.
Secondary/Debatable points:
2)
4) They may or may not inform, but other terms will be more important
5) This can be argued, but difficult to convince someone if airtel was not used, which is the main contention here, not whether hotel wifi was weak or not, and other similar arguments.
Hello Sir,
I had bought dell laptop from Dell USA and after coming back to india,Its screen stopped working.I contacted Dell customer case ,they told it will take 7 days to change the part.But after 2 weeks also my laptop was not repaired I followed up with the Dell and they told it will take 2 months to get the part from US and replace it.I got really disappointed with the dell services and I asked them to give me refund or replacement of my laptop as my work was getting affected.But they refused by saying that it is a US model we cannot give refund/replacement.
I got really upset,I contacted one of the lawyers in Urbanclap app to file a case against dell in consumer forum in August 2016. I discussed my issues with the lawyer and we filed a case against dell in bangalore in Dec 2016.
Now its 2018,My case is not yet resolved,I am staying outside of india and I had told my lawyer also regarding that before filing the case in court that I won’t be there in india.He had agreed and said no issues we will handle it.Now from past two months my lawyer kept on telling lies to me that the order has been passed and you will get whatever you have mentioned in the notice(refund,interest,His fees(20 K),plus 5 lakh compensation).But When I tracked my case online there was a date given for next hearing and it was pending on arguments.Now the issue is since I am not there in india,My lawyer is taking big advantage out of that and instead of apologising to me,he is shouting on me.I really need your advice as to what should i do in that case.Shall I take my case back from him or Shall I stop fighting case against dell(Since I am not available in india,I don’t know what is the procedure of taking back the consumer case,because I am really upset how my lawyer also cheated me like dell,I really want to come out of this case).
I am looking forward for your reply.
P.S :- I tried to send you a mail but I got a message that it is marked as spam.
You can file case against lawyer in bar council, but given the way such lawyers are used to taking clients for a ride, combined with the fact that Indians are more scared or want to avoid problems with lawyers (and want to get out of it rather than get involved in complaint against lawyer), combined with the fact that you are out of India, combined with the grapevine ‘wisdom’ that bar council doesn’t act against its own (I will discount it though), makes it a cumbersome and uphill task.
Withdrawing case is possible, though at this late stage I am not sure about repercussions and if the court may impose cost on you, even then hopefully it won’t be too high.
Basically your case was weak to begin with, usually laptops bought outside India like in US may not get same warranty coverage in India. Replacement may be possible only if it’s in the terms. Refund is usually out of contractual terms (since warranty/repair is supposed to take care of defects). If the product is very bad refund may be possible but then only via consumer forum order after a fight. Lawyer is trying to milk what it’s worth before probable dismissal after arguments.
It’s possible to fight a consumer case through representative. If you have someone who can represent (I think a power of attorney may need to be signed), you can fire the lawyer (or your representative will do it actually since you are out of India), and let him/her fight it out. Only arguments are pending so that’s the last stage before order/judgment.
Thank you so much for your advice 🙂
Just to give you more idea about my case..I had also bought international warranty separately while buying the laptop and I didnt have any sort of terms and conditions that Dell will not give any refund /replacement if laptop is found to be defective and moreover they had made me fool also because when I was following up with them about the issue,One of their customer care representative sent me a mail saying part has arrived and you will get laptop by tomorrow but when i called and checked with them,they said no part will arrive after 2 months.
Also,before giving the case that lawyer said as soon as we will send notice to dell they will give you refund.But they were so stubborn they didn’t even bother and maintained their stand that take your laptop its been repaired and we can give you 2 months of extra warranty which you have lost as one time goodwill gesture.I was not aware about the consequences of filing a case.
Now at this point,I cant do anything..I think as you said I will have to see what I will get in theorder since it is in the last stage (Also we had got Ex-parte order because dell didnt come for first 3 hearings).
I hope I will get atleast the cost of my laptop..Thank you again 🙂
>>Also we had got Ex-parte order because dell didnt come for first 3 hearings
If Dell turned up eventually and filed objections statement, then it’s not ex-parte anymore. If it is really ex-parte at this stage, then it should be in your favour, assuming the international warranty and documentation are as per what you say.
Hello Sir,
Thank you so much for your reply. I got the order in my favor in the month of April.
As per the order I will be getting cost of my laptop plus some 12% interest from date of realisation. Since now order is in my favor, I really dont know how Dell will approach me for this. As I am not in India,Will they be approaching my lawyer? or Should I need to approach them asking that Order is passed ,please settle it.?
Waiting for your response!
Regards,
Simmi
They have to make payment to your lawyer, since you are not there. If they don’t even after 30 days, you can file for execution:
https://deveshwar.in/file-execution-affidavit-winning-consumer-forum-case-opposite-party-not-obey-court-order/
Dear Sir,
First of all Thanks so much for this helpful blog!
In reference to my above conversation, I got the order in my favor in April,2018. Now Dell has filed re appeal in Karnataka State Commission. What can I do in that case if I do not want to drag it further. Also I dont have any information from my lawyer. I contacted Dell and then I got to know they have filed for re appeal 2 months back.
Thanks in advance!
Regards,
Simmi
You can offer Dell to negotiate an out of court settlement, but it’s up to them to accept or not. In case they don’t, you will have to fight it out in state commission.
But the district forum order being in your favour is a win and an important milestone. Read the grounds for appeal and check if they are challenging the order itself, or more about compensation amount.
Hello Videv,
Thanks so so so much for guiding me !!
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I had contacted Dell for the Re-Appeal notice since I dont stay in bangalore, also I don’t have any lawyer now but He asked me to contact my advocate for this notice. I just have the order sheet for this Re-Appeal which that Dell guy sent me. In that it is written “Heard advocate for appellant- Issue notice to respondant/s along with the delay application -Impugned order is hereby stayed till next date. Call on 17/09/2018”
Also there is strange thing in this Order sheet. Appellant is Dell International Services India Pvt Ltd. and Respondents are me and Dell Authorised Service center. Since I don’t know what are the grounds for Re-Appeal, I am not able to understand why “Dell Vs Dell”.
Also When it comes to the Compensation, I have got only 10k as litigation charges(I had already spent 15k :-() and Cost of my laptop in the order passed in my favor.
Can you tell me where/whom can I approach to know the grounds for Re-Appeal, So that I can try to close it off.
I am really in a big mess and I have understood that in every situation Consumer is going to suffer coz If i decide to fight it off in State Commission too then I will have to again spend more 20-30k and at the end I will only get cost of my laptop and it’s like I have paid 50k to get the 50k.
Thanks & Regards,
Simmi Chawla
If you don’t want to fight the appeal, you have option to close the case and then you don’t get anything.
It’s not Dell vs Dell but Dell corporate company is blaming the Dell authorized service centre (which must be independent pvt company or proprietar etc), so they want to blame that service centre for the faults etc and for them to pay you rather than themselves. They might also be blaming both of you, the exact details can be known only on getting the notice.
Grounds for appeal will be clear in the notice sent to you, for which you can appoint advocate to get the notice on your behalf if you are not in India.
hello sir,
I have filed complaint against ACT internet online but there is no response yet i would like to file before the bangalore consumer court but in the format provided that i agree no complaint has been filed for the same cause of action for any reilef before any court or forum what should i do now? how long should i wait for the online readdressal?
Online redressal is not same as forum, so you can go ahead and file in consumer forum
Hi,
Recently, I was travelling in a train and during the travel it got delayed by 4hr and 45 minutes. This forced me to miss my filght. This caused me great inconvenience and loss of Rs 30000. I filed RTI to get the information whether I can claim that amount from Railway, but I was replied that there is no such provision in case of train delay. Can I file case in consumer court for compensation against Railway?
Thanks,
This is example of consequential damages. Normally it is not allowed by the contract terms, but you can try consumer forum if you want to. It would be better to first search any precedents on this in consumer forum judgments. Because as yet I am unaware of something similar reported in news.
Hi Videv,
I have filed an online complaint against Amazon India. The details of the complaints are as below. Can you advise what further action I can take.
+++++++++++++++++++
Amazon.in Order # 171-4382639-7740317 dated 04-Jun-2015
Dear Sir, With reference to above order no, I have been provided a used/replaced/old piece by Amazon India Seller ‘AVS INFORMATICS PVT LTD’ operating under the name ‘Store_Electronica’. This has been confirmed by Seagate and their authorised customer care in India. In around July 2017 I started facing issues with the Seagate NAS drive. I got an approval mail from Seagate dated 16-July-2017 to go for a replacement drive and accordingly arrange for data recovery at my cost. When I finally submitted the drive to Seagate authorised service care for India ‘Accel Frontline’ through Data Storage Solutions I was informed that the replacement could not be done due to two factors as submitted below – 1. The drive at the time of submission to Accel Frontline was out of warranty. As per Seagate, my drive was under warranty till 17-Oct-2017. I am separately following up with them for redressal as while approving my request for replacement, they had not explicitly mentioned anywhere within the correspondence that I need to surrender the drive at their authorized service center before the expiry of the warranty. 2. They also confirmed to me that the drive that has been sold to me on Amazon India platform by AVS INFORMATICS PVT LTD’ operating under the name ‘Store_Electronica’ is a replaced drive (NOT AN ORIGINAL DRIVE) and the same cannot be serviced in India. In these circumstances I as a rightful citizen of India seek redressal at this forum and seek adequate action against Amazon India and the concerned seller AVS INFORMATICS PVT LTD’ operating under the name ‘Store_Electronica’ for wrongful claims and duping the customer.
Your primary complaint would be against store_electronica. Amazon can only be held liable to the extent they need to take any action against this store for violation of their terms (between amazon and seller), but that primarily won’t be of any use to recover your money; that can only help future customers.
Hi,
I bought Jio dongle, online from JIO website. As per them it was 100% cashback, cashback was in terms 5GB data for every month upto 10 months. They are not offering the 10 month data voucher now, they have given only 5 months of Data as of now. I have proof their advertisements claiming 10 month voucher, I have written many mail & contacted them till no response from them. I escalated to TRAI, RIL, grievance team, till no response.
Can you please suggest what should be done next, meant online complaint or voice call support complaint or visit to the consumer court?
Which one you will suggest, I have all the supporting documents with regard to this.
Regards,
Viajy
Consumer forum can be approached as per details in this article.
Hi Sir,
I have booked a cab service in Hire4Drive. Initial I have booked it with Rs.500/- as booking amount through internet. Than in my trip I have given Rs.1050/- for desiel. But unfortunately I have given total bill amount (Rs.3200/-) with directing these two charges.
Now that driver is telling that, he has taken only 1600/- from me.
can you please help me regarding this, how can i book a case against such persons in society.
The case would lie against driver (maybe cheating case to police), and possibly separate case against company for having such driver causing trouble for passengers, thereby delivering a “deficiency in service” as per consumer protection act.
Thanks Videv, LG have agreed with the repair with motherboard, but i would want to replace the TV, since i have invested so much amount not to repair it, it is unfair, let me know what else can be done or your views.?
Thanks, Sunil
Repair is standard in all warranty contracts, unless you have negotiated something special which is not really possible in a consumer good like TV.
Hello sir,
I have purchased a LG TV 43 Inches 4k from Croma JPNagar woodys branch bangalore on 07 Dec, the TV was getting restarted automatically once in 3 days, initially i was thinking there should be a problem in the power source and then i got a new switch box set up and after some days again i had same issue then i thought of buying a Stabilizer on power fluctuation and even after this was continued and then I had registered a complaint with Croma and the technician came from LG verified the TV and taken a pics from his access on the log and resetted the TV and went off and but the issue still continued, there were no replies and so i registered second complaint with croma went on same way and when enquired they went on some days and came back mentioning will get that repaired and extend a warranty for another 3 months,
I have registered a complaint over the phone today with consumer affair, they gave me a complaint number and have mentioned to send a mail to the LG team,
I even posted in public sites as Mouthshut and other consumer websites and even dumping mails to LG services,
Am hoping to get an response shortly,
What else can i be doing to reach out to right person.
Please suggest
Thanks, Sunil
Repair/replacement under warranty will be responsibility of LG not Croma
Hi
I did bookings on Hotels.com.They asked for card details which i gave.In confirmation page It was clearly mentioned i will not charged untill i check in.But money got deducted from my account without even checking in.They said hotel has been preauthorised to take the money even though anything of this is not mentioned in confirmation page.
I am at fault as i did not cancel my booing on time.But hotels.com sharing my card details with Hotel and taking money without even asking me or informing me is a concern for me.
Amount involved is 8k
Can i go to consumer court .
Check the terms if it says that customer is liable to cancel booking if he does not plan to check-in.
Read carefully once again. My guess is the problem maybe in your understanding about the charging of credit card. They may have said that the credit card will not be charged until, but you might have taken until to mean as unless. From economic point of view, a hotel makes loss on a booking when no one checks-in as promised, so it would be imprudent for them to make a promise not to charge customers at all if they don’t show up after making a booking.
As advised by you ,I contacted national consumer helpline and they give me a docket number .armed with this ,,, I have filed a complaint online with 9 attachments .
Hope it will work
Sir,
I had invested Rs.2,34,000/- about 10 years back in a housing society formed by employees of a particular Government organisation,I am also happen to be an employee of the same organisation,purpose of this society was to buy and develop a land parcel in North Bangalore and allot the same among the members.My name is amongst the last 20 members out of 80 odd members in terms of contribution amount,so when part of the proposed land i.e. 38 plots were cleared by the local authorities 5 years back I was not considered for allotment,remaining land is not yet ready for allotment and some members have been given back their invested amount without any interest few years back when they requested,I also want my invested amount to be given back because of excessive delay and written to the Society Secretary for that,can I claim/get my money back with interest as the proposed site(no document/agreement provided,only receipt provided to members) is yet to be fully developed,in fact more than 50% of total members have not received allotment as on date.There is no official communication about the inclusion of new members/exclusion of old members,accounts records.
Please advise how to get back my money.
It would depend entirely on what kind of society it is, and under which Act it is registered. It has to follow the laws under that Act, and it also has to follow any bye-laws created by the society itself for its members, which basically defines the contract between parties. If there is explicit contract (I doubt it) between society and each member, then that particular contract needs to be read and applied.
Several members jointly can also file a consumer complaint.
Hi
Sir, I finally logged in a complaint with district consumer forum on 02 Nov’17. It has gone thru 3-4 dates so far and the next hearing is on 05 Feb’18 where evidence has to be produced.
In the last date the lawyer of OP ( ICICI Prudential ) submitted 24 objections to the case and has requested court to dismiss the case. He has also given a pointwise reply to my complaint.
He has mentioned that it is my fault why I did not bring the refund to the notice of ICICI. However I believe this is uncalled for, as in the first place they shud not have made any refunds, I did not ask for refunds, and they they did not seek my approval before refund. Had they brought this refund to my notice I wud have corrected them. I did not know any money has been refunded related to my policy.
Along with my complaint, I have already submitted all documents which can be considered as evidences. Pls guide me what more/what type of additional documents/evidences shall I submit now.
Rgds
Mayank
Documents like bank statements, credit card statements, any letter/email communication from bank, if audio recordings (though people don’t have much time to go through them) and their transcripts of relevant portions of it. Photos are evidences too, though not applicable here.
If a refund has happened, but they didn’t communicate about it, then your case has some merit. Else generally a contract is not in place if payment has not been made. But in this case payment was made so the onus shifts on them to explain why refund was made and they are liable to communicate to customer. Even in that case, read carefully the terms to check under what circumstances can they make any refund, and if they do, are they liable to communicate it to customer
Dear Sir,
I went to the court today to submit evidence and carried with me copies of all relevant documents which I consider as evidences. However the judge declined to accept the documents and said these need to be produced as an affidavit.
I do not understand what it means. Could you pls guide me on how to submit an evidence as an affidavit.
He mentioned something about notary. How will I submit physical copies /letters/mail printouts as an affidavit ?
Rgds
Mayank
Following is word .doc format of an affidavit which allows one to use already made points in complaint, and also add additional points, along with additional documents as annexures (letters/mail printouts/receipts etc). Click on link below to download and modify it for your own case details.
Consumer_Forum_Affidavit_Sample_Template
After that you need sign and get it notarized (ideally it should be signed in front of notary and you should carry a govt approved identity card like voter id/passport/aadhaar to prove your identity to notary, even if usually notaries don’t ask for id card). It which may cost Rs 20-50 depending on number of pages and notary. It will be cheaper if you find a notary working inside any court complex.
Dear Sir,
Is there some way for me to mail you a soft copy of affidavit to see if its ok.
Also shall I submit a reply to the objections submitted by ICICI Pru ? If yes, than is there is any format to follow? I have prepared a reply, but dont know what the heading shud be and is this supposed to be notarized too.
Is there any way to reach you over phone. Seems I have too many questions on formats and correct ways to submit things. I dont want the judges to take offence on the smallest little mistake.
Rgds
Mayank
Format of complaint is in this article already, and affidavit format shared with you earlier, which is based on actual evidence affidavit I submitted recently.
You can file rejoinder to their objections if you want to, I doubt it is mandatory though. All these basic questions about notarization required or not can be asked to admin staff of consumer forum.
Following blog post has real documents submitted through various stages, though they differ from what I have used in my own cases. So there is not really one single format everywhere in India it seems. This case went through lot more steps than I have seen normally, so you can ignore the steps which didn’t happen in your own case (like formal legal notice before consumer forum case and OP’s reply etc).
https://rahul.amaram.name/blog/2013/12/26/filing-complaint-in-consumer-court-india
Judges won’t take offence on minor format related stuff, because no one has time to do that. Once the case is admitted, the first major hurdle is crossed and so your case can’t be dismissed just like that now. Only on mandatory requirements like for evidence affidavit, notarization etc is mandatory else it won’t be accepted. Also, for evidence some documents may need to be submitted in original, but I haven’t seen a clear policy on this either, but submitting originals will be quickest route, or you can take attested copies from notary and show original at time of submission if asked. Any printouts of emails/screenshots/electronic documents can be self-attested.
Dear Sir
I finally submitted evidence under affidavit and also a rejoinder ( with affidavit ).
Now in the next hearing, it is the turn of evidence by opposite party.
Meanwhile, if my wife has to represent the case in court ( in case I’m out of town or have to attend some other pressing matter ), is there an affidavit that she has to submit saying that she is authorized to represent?
If yes, could you pls share a format for this affidavit.
And any other point that we shud know when she goes to court.
Rgds
Mayank
You can modify the format letter below:
http://factsblogging.blogspot.in/2011/07/sample-for-format-authority-to-appear.html
I am not sure if it needs affidavit/notarization, you can check with admin people at consumer forums.
Missing 1 date is not major problem, the case will be posted to next date with same status.
Hi,
Thank you very much for writing this blog. I became a victim to Snapdeal’s online television product Activa 32D60 80CM (32) Full HD (FHD) LED Television. I ordered the product on 9th January 2018 using my credit card and on 12th January 2018 the product arrived. It came in a wooden fenced covered box and the outer cover of the box was a bit damaged by the nails used on the wood. I thank God there were no kids around, otherwise they would have been exposed to iron nails.
I ordered this television without a technican’s help as they charged around 500-1000 or more just for a simple installation. Upon installing, I noticed that the power cord looked though as if it had been refurbished, including the television looked though it have been used and upon connecting, I had a narrow escape, it started to short circuit and the tv never turned on. It was not only defective, but even hazardous and violated the safety regulation norms and standards
I immediately went online and raised a return request. On 13th January 2018 at 4:49Am, I got their email and I replied to it asking them to take back their product and refund me the total money which was spent on my credit card to purchase this tv.
This morning after 11 AM, I had a call from Snapdeal’s employee named Vikram, who claimed is working with the escalations department at Snapdeal and he denied me refund stating Snapdeal does not offer refund for their electronic products, when their website says it does. I have recorded the conversation and have taken appropriate screenshots of my emails and issues related from Snapdeal website.
I am a regular online shopper and mostly I use Flipkart and rarely Amazon and so far Flipkart have not created any kind of issues or concerns regarding their product and all the product which I have obtained from Flipkart has been the most satisfying and they sell what they show. Amazon doesn’t have much cheaper product. Also I go about reading other consumers reviews, before I make the purchase.
With Snapdeal I became a victim or as you said ‘Prisoner’ I did go by the reviews, but I do not understand why I was given an unsafe, defect product, which was not what was said on their website and I swear never to use or recommend Snapdeal or its products to anyone.
I have raised complaints in almost all the consumer complaints form and I have given Snapdeal time until 15th January 2018 till 3:00PM (ist) to give me a satisfying answer, otherwise I am going to approach the press and Mass Media both online and offline and what ever powers are vested with me as a consumer, I am going to use that whenever and wherever necessary.
Try twitter too, I have resolved many complaints via twitter handle of companies when their customer service by email won’t bother much.
Hi sir, I am Dr.Nagaraj.
4 yrs back I purchased one cancer therapy machine called Cytotron from one scientist cum manufacturer in Bangalore. It costed 2.24cr, I purchased it after mortgage of my property. Using it for 2 yrs I saw no changes in cancer outcome in 10-12 pts. Instead the cancer progressed without any effect of this treatment.
After 2 yrs I shifted this machine to scientist’s friend clinic with an agreement of 50:50 sharing of income. He paid me 3.14lakhs for for the first 3 months, later he stopped all payments & he doesn’t share any bills or any pt details with us. He’s still using our machine since 2 yrs.
Scientist after drawing full amount sent a letter to me to sign saying any loss due to the machine he is not responsible. What action I can take now?
I don’t want the machine, the treatment seems bogus. How to recover my money from these two ppl?
Since machine is being used for treatment of patients and fees being taken, it won’t fall into definition of you as consumer of the product, but a business transaction, for which you can approach civil court with a civil suit for whatever issues are there in machine regarding lack of quality etc.
Hi, I had been to an institution call cloud academy . We were 2 people, they offered 3 courses for 20,000 per head and in total 40,000. They delivered 1 course and told the courses are completed. They are treating us like dogs. They first delayed our classes for other two courses, and then again scheduled class, when we went to attend they are telling no class and they have done this twice. We asked for the refund they are not at all ready to give. They are telling us go ask the trainer, the trainer is ready to give the amount but he has taken 14,000 for both and he has an pending amount of 7000 which institution has to give him. But just to play around they are telling the trainer you give 14000, we will not give 7000 to the trainer. So the trainer is also now not ready to give as they are even asking him extra amount. They are telling go ask your trainer. They are even telling go do whatever you want, if you want go give police complaint also. I saw yourpost and registered a complaint on national consumer phone, they told us to send them an email and I have already send they didn’t even care about that email. And they are talking very rudely. When I had been to institute the guy was inside he didn’t even come to talk to me. I waited for 2 hours and then he came and told he will refund and send me. Now you help me please. Can you reply me on my email I’d what to do??? I’m really fed up. I’ve gone through a lot. Thank you
Hey i got the refund thanks
You can continue with National consumer helpline’s advice. Since they already advised to send legal notice (email), it means there has to be merit in the case, and if the problem is not resolved, it’s time to file consumer forum complaint and mention details of complaint to NCH also in that.
Sir,
I fell into a prize-winner scam by a fraud company and ended up paying 70k via paytm.
The company’s name is venusdeal. (www.venusdeal.com)
They told me i’ve won 2nd prize in their promotional contest which was a scooty. And i was stupid enough to believe them without verifying. They made me pay registration and documentation fees at first. But step by step brought up different reasons and asked for money in the name of compulsory procedure. At a point when i refused they would tell me if i didn’t i would loose the money i already paid and always said it was the last payment. To save previous money i paid 70k and still they wouldn’t stop and then i finally realised I’m falling deeper and deeper. At this point I said i don’t want to continue in their contest and asked for refund.
They said no refund will be made but my money will be recovered in form of products. Over the course of 3 months they have sent me few products. But the products are cheap but they have charfed large amount in the bill. A couple of electronic items they send are definitely old and don’t even have warranty cards. And they sent small diamonds worth no more than 18-20K but charged around 50K. So my money is recovered but the total value of products is only around 25-30K but bills says its more than 70K.
I went to police for complaint but they said money can’t be brought back. So before an FIR i wanted to ask if i could get any relief if i did a consumer complaint? I have the bills and videos of unboxing the cheap products they sent. I have emails I’ve sent them again and again to which i got no reply. I also have the paytm receipts of the payment i made.
Can i file a complaint in consumer forum since it is a fraud company and the products they sent is bad and overly expensive? And what can i do more to get the money back or any relief for that matter?
Please help
It’s difficult to say if it is your winnings they have delivered, or the products for which you paid 70k. There has to be a clearly worded contract or written understanding about what is being paid for, and what is being delivered and of what quality. All these points are not very clear, so depending on those a consumer complaint or FIR may be more appropriate.
I was supposedly their 2nd price winner which was a honda scooty which later turned into a car as i was promoted to the 1st place. But i did not pay more to their ‘formality procedure’.
They said the money i was paying was for shopping which they would show during the prize ceremony. But as i quit, they recovered my money with the products. That means the 70K i paid was to buy products from their site.
Yes there is nothing in written as to what i paid for or anything. But i have the paytm records that i paid and the emails that i sent them. And they have given printed bills along with their products amounting to more than 70K. But the products are not at all worth that much.
I hope this made things a little more clear. I will be doing an FIR. But the police have already told that no money can be recovered. Can filing a consumer complaint help? I’m asking this because the company is fraud and will they come under this consumer protection. And the payment was via paytm, is it admissible?
Very difficult to say whether consumer forum can help because this looks more like a kind of lottery cum contract. If it’s a lottery, it can’t be a contract because a contract needs to have clearly defined services of goods and a clear price for them to be paid by consumer. They are purposefully doing it to be able to get out of their obligations.
Police may not be able to recover the money for you, but you can let the company be prosecuted at least through a criminal trial. If no one does that, the company will continue like this.
Hi,
on Dec 24th i brought a backpack worth 1200 rs from amazon and payment was done via Amazon pay .
once i got the product it was very small for my requirement and opted for refund.
Amazon gave refunded me back in amazon pay.
I mailed amazon customer care asking to transfer my money back from wallet to bank account and in the beginning they agreed and asked me to update my amazon account with mail id so that they can give a mail confirmation once money is transferred.I did as they asked and they asked me to wait for 5-7 working days.
I mailed to amazon cc again to know my request status and they updated me that it is not possible to transfer money back from wallet to bank.I asked the contact details of higher authority and they gave me the details to contact escalation team.i had conversation with one of member from escalation team and she said it is not possible to transfer the money but the can extend the validity of that money for more than one year.
i again mailed the escalation team and one of the member replied that they can transfer my money back to my bank account but i have to add extra 200 rs to make 1200 total i have added to wallet. out of 1200 added before, 200 came back as cash back or gift and 1000 is available in wallet as money,.
so i added 200 again to make total of 1200 as money and 200 available as gift which i don’t want to transfer.
But again now they are telling they cannot transfer that 1000 but they can transfer 200 which i have added recently to make total of 1200 in my wallet money.
I am getting different updates from different amazon employees .Some are telling it is possible and other are telling its not.
They also asked me to add 200 which they agreed to transfer but not the rest 1000 and 200 which i got as gift cashback is not required.
Since i am getting different information from amazon i don’t know how to proceed further,is there any way i could get my money back to bank account if i take help from consumer forum or am i eligible to go to consumer forum.i have all the email conversation in which amazon employees are agreeing to send the money back and also telling they cannot.
Please help me with it
Amazon pay balance is not a wallet account like paytm etc, so I doubt there is any question of withdrawal to bank account. Basically you haven’t read the terms & conditions:
https://www.amazon.in/gp/help/customer/display.html?nodeId=202123460
Excerpts below clearly say no refund of pay balance and can be used only to buy products etc.
——
Load your Amazon Pay Balance.
Amazon Pay Balance can be loaded through online payment methods such as domestic credit/debit card and net banking. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add/load amount to your Amazon Pay Balance. You may also be provided the option to load Amazon Pay Balance by cash through agents authorized by Amazon. Except as provided hereunder, amounts in your Amazon Pay Balance will not be refunded to you under any circumstances.
Redemption.
Amazon Pay Balance may only be redeemed toward the purchase of eligible products offered by merchants on Amazon.in and other payment aggregator/partner / merchant websites that accept Amazon Pay Balance as a payment method (“Merchant Websites”). Purchases are deducted from your Amazon Pay Balance. Amazon reserves its right, in its sole discretion and without any prior notice, to impose and/or revise charges/commissions in relation to the use of your Amazon Pay Balance. The current charges/commissions for your Amazon Pay Balance are detailed at https://www.amazon.in/gp/help/customer/display.html?nodeId=202135170.
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