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.
vinay krishna says
Dear Sir,
I should thank you for helping people like us. It would not had possible to know how to go about it in Consumer Forum without your experience.
Sir I have purchased a Samsung LCD on 10th March 2009. Recently it has developed a problem of No images…. Immediately, I called Samsung service, and after visiting they said panel has to be replaced since the chip got burned which is located on T- Con Board.. Cost = approx. Rs 30,000 or more. The same Samsung T – con Board is available at a cost of 40$-60$ in internet.
Since following with Samsung Company executive with 32 mails I have got no satisfactory solution. I have also capture an article about the Samsung LCD TV which says that lot of people suffered for the same reason and reason being faulty capacitor. I have also lost job for not performing dues to this being the major tension.
Sir, would you please guide me how to go about it in step by step process. I would like to teach them a lesson and put a example that its not easy to take for a ride to a consumer.I also like to get a prayer relief of Rs 20,00,000/-
Looking for for a positive response.
with profound regards
Vinay
+91-805-040-4562
videv says
Vinay,
There is another person Anil who has filed consumer court complaint already for LED TV issue against Samsung. You can search through the comments and in fact he has given the copy of complaint too.
Your TV is out of warranty and not too new, nevertheless asking for huge money for replacing a simple component is not done.
The step by step process is already given, if you try it out it’s not that difficult. You can email me the draft for review if you want to.
For 20 lakh you will have to approach higher forums, details of limit for each level forum are given in various posts about consumer forum act and rules on the site itself.
Vivek
Dr.Murali Krishna says
Dear Deveswar
Your detailed step by step method to file the consumer complaint is very good,
with solutions to practical problems one come across filing an application.
Good work, keep it up
videv says
Thanks. It’s not that complicated to file an RTI or a consumer complaint really. More people doing these is a good way to get govt and businesses accountable to us.
Uma says
Dear Sir,
We had asked a particular web site designers to build our site and had entered into an agreement wherein they had to complete the project within 46 days failing which there would be 10% Penalty payment they would have to pay. It has been 7 months now and we are met with stalling and delays, our specifications are not met and when we inform them to change it to meet our specifications, they state it as new process and try to charge us extra.
On further enquiry, we have come to know that This company has been indulging in such fraudulent practices with other clients too and there is even a website listing their scams.
Please tell me how to get them to complete our work or repay the fund we had given.
videv says
Unfortunately for you this is a business and not a consumer transaction and you cannot approach the consumer court. I have covered it in more details in reply to two other questions by different people earlier. You can also read consumer protection act given in another article on this site to confirm yourselves.
You can approach civil court in this matter. Hope you have a contract or written emails of what was agreed upon and payment amount and terms.
charuni says
I bought a sewing machine from amazon.in (accrede brand cost 1048/- rs) which worked only for three days from fourth day it is not stitching at all. I gave negative feedback to this product in their website. They called me and asked to remove the feedback and we will refund your money. I did what they said but after few days they said you only have to courier our product and it will go through all the check then only they will initiatwe my refund. why should i courier their product back. They played a trick with me . Now I need a help of consumer forum to solve my problem.
Thanks,
Charuni
videv says
>>Now I need a help of consumer forum to solve my problem.
For that you have to go to doors of consumer forum, they will not come to your door.
My guess is you didn’t try complaining on national consumer helpline as given in post below:
https://deveshwar.in/alternatives-to-use-before-filing-consumer-court-complaint-in-india/
Or if possible, try changing feedback to negative again!
SOWDHAMINI says
Dear Sir,
We hoped to buy a plot near KR Puram in Bangalore in 2008. But to our ill-luck we landed up in a wrong place and wrong people called Orange and Granity Properties who were duping people with crore of money, all over the country. we raised loan and paid our first instalment of Rs.10 lakhs also. But before we paid our second instalment we realised we were with wrong people and all the people around 100 filed a criminal case against the owners vijay Ravipati Tata and Ashfaq Ahamed. They had duped people and had vanished from the place. Later they were caught and released with no good reason. We all approached consumer court also where many cases were dismissed and sent back without justice. we apporached the high Court and there case was transferred to consumer court but we are still fighting this case from last 6 years but to no effect. Sir please tell us, should we still trust the judiciary and police? will we really get the justice. We have heard that the conmen have all people like politicians, police and judiciary in his loop and we will not get justice. Is it true sir? Kindly advice.
videv says
High court sending case back to trial court (consumer court) seems ok as per law.
One of my case in civil court was filed in Feb 2006, and it is still running!
I have other cases running for 5 years now in different courts.
As a country, we have to improve our standards in many areas … but mostly it seems every department wants to protect its own turf and fiefdom and proclaim their superiority over others — be it lawmakers (“parliament is supreme”), judiciary/lawyers (“we are one of the best in the world”), media (“you can’t regulate us, we are self-regulating”), politicians (“let’s block google/facebook”), bureaucracy, police etc. The key to that will be for individual citizens to raise their own standards and demand higher standards from institutions too.
Ashish says
Hello Vivek
Your blog has been quite helpful. I have run into a problem with Reliance Telecom. I was using a CDMA phone connection from RCOM from 2007 till 2011. In Sep 2011, I ported my number from RCOM to Airtel. Since then, I have using Airtel network and paying their bills. Last year, I received a notice from RCOM on an unpaid bill for Jan 2012 (I was already on Airtel network from Oct 2011). I had called RCOM to clarify the situation. RCOM seemed to have taken notice of the facts but I received another notice soon after. This has been happening since past 1 year. Last week, I received notice from RCOM on a civil case being filed against me. Bill amount is Rs 660. Should I file a complaint in consumer court? Do I have to appear for the civil court hearing?
Thanks
Ashish
videv says
>>Do I have to appear for the civil court hearing?
Yes. If you don’t an ex-parte order can be issued against you. But it may be many months before that happens. RCOM might be hoping you will pay up few hundred rupees than bother about getting justice from Indian judiciary.
File a complaint here at least first and see the results:
http://www.nationalconsumerhelpline.in
Mohammad Tauseef says
Hi
I purchased a laptop from Haavit Retail on 18 August 2013 and the warranty was about to expire on 17 August 2014
I had been to nearest Sony dealer to buy extended warranty and to my shock i was informed that my warranty has already expired.
I contacted the customer care and they to informed that my warranty has expired. I informed the CSR that i had purchased the laptop on this date and i still have 2 days before the warranty expires.
The CSR asked to me contact the Retailer who sold me the laptop as he has entered a wrong date.
Incase I dont get extended warranty, then can I file a case in district consumer forum as the amount is 60K and whom should I make the Opposite party?
Please also provide me the download able format of the form.
Thank you
videv says
Either Sony or retaier or both can be opposite party, only after going through the documents like warranty card, the terms in that, and the bill. As of now they both are trying to wash off their hands. That’s just my guess… I’m not sure if you have read these documents carefully yourselves.
Retailer entering the date wrongly… It’s not some kind of joke. Yes it’s possible but the payment date will become most important in that case. You can very well argue that warranty starts 1 year from payment date if overall evidence points to that being most probable truth.
Pooja says
Hello sir,
Than you for such an informative blog. Please advice me what course of action can I take for below situation:
I gave my laptop for repair to a service center based in Bangalore. The engineer collected it from my residence. They delivered the laptop back in a bad state. The repair done was very armature. The laptop hinge had broken and to fix that they damaged my screen panel body. The laptop is worth Rs.50,000/-.
I have requested the owner to fix the panel. I haven’t made any payment for their service yet.
Please let me know that in case they refuse to fix the damage can I lodge complaint in consumer forum.
Regards,
Pooja
videv says
Yes, a consumer complaint is fully justified in that case
Pooja says
Thank you Sir for your reply.
Chandra Shekar says
I have been writing in and out to Annamalai University regarding my 3rd year BBA marks card and my Convocation, however it is 15 months already now and I haven’t received. The claim they have is the fees arnt paid, however I have submitted all the details regarding the total fees paid for 3rd year, ( Also reconfirmed with the bank to check if the DD has been Liquidated and the date) however they don’t want to listen and still insist that I pay 3600/- rs once again. With all due respect to Annamalai University, I would like to reconfirm again that I have paid the required fees already. So I don’t understand why I have to pay 3600rs once again. Many Thanks, Chandra shekar Enrol # 0111051676
videv says
I don’t see any question. Anyway the fastest and best method is not consumer complaint in this case.
Most likely it is govt or aided by govt university though I couldn’t find a conclusive answer. But a bill was introduced in 2013 to take it over, not sure if it became a law.
http://www.newindianexpress.com/cities/chennai/Government-introduces-bill-to-take-over-Annamalai-University/2013/04/16/article1546547.ece
Best approach is to file an RTI on Annamalai University asking status about your issue and refer to previous written communication as reference. Don’t do any emotional atyachaar inside RTI, just ask the information. It shouldn’t be more than half a page really.
Click on RTI category on top menu to learn how to file and templates etc.
Madhu says
Hello,
First of all a lot of thnx for your initiative of getting the people know about the procedures of filing their complaints. I had paid to a Infrastructure Pvt Ltd company a sum of Rs 500000 (Five Lakh) as pre launch offer for a 3 BHK two years ago. They had given me a MOU copy which stated within 20 months the project will be completed else 2 to 3 months may be extended but till now there is nothing been done and even they have not made any conversion of land nor any sale agreement.The main thing is that till now they are marketing the same and taking money from innocent people giving the same MOU as given to me two years back.whenever i contact to the staff /CRM/director, they say it will take another 60 days for getting registration of land and they have become so professional cheaters that now bluntly they are saying u can take back your money in terms of a post dated cheque of three months later date (as this is written in the MOU). Pls suggest a solution keeping in view of the people still getting trapped
videv says
This could be a tricky thing. If their offer of taking back post dated cheques is as per terms of the MOU, then there is nothing more they are liable to do. It is up to you to wait for completion or take your money now. I just checked up quickly about whether MOU is same as contract, and it seems most of the time MOU may not be a contract that’s why they called it as MOU rather than contract. They are being smart about it:
http://en.wikipedia.org/wiki/Memorandum_of_understanding
You can read carefully the terms and if they are similar to a contract but only the name is MOU, only then you may have some recourse. You can approach an advocate too for advise whether this MOU is in fact a contract/agreement or not. My guess is that it is drafted like a one way contract where the payer has to abide by terms but this company is not committed to do anything on well defined terms and they have smartly called it as MOU.
An good lawyer who deals with property development matters may be able to find some loopholes in their claims and in your favour. E.g. if this project falls under some laws which govern property developers, and their ‘MOU’ is violating these laws, then they can be liable irrespective of whether they call it ‘MOU’ or another fancy word.
As regards other people getting ‘cheated’, it is up to them not to fall prey to greed and read the terms carefully before putting their money into any investment. If you know them, you can jointly approach an advocate for advice, but in consumer or another court each person will have to file case independently.
videv says
Filing RTI on the project itself, it’s approvals, it’s status may be an excellent way to find out the loopholes in its approvals, permissions etc. The RTIs will have to be filed on authorities which give various land, building, construction approvals like BDA, BWSSB, BBMP etc. E.g. see below:
http://timesofindia.indiatimes.com/City/Noida/Homebuyers-file-100-RTI-pleas-on-34-projects-in-Gr-Noida/articleshow/39906415.cms
If only people had filed RTI early during the project they could have saved much trouble and time. How to file RTI information is under RTI category on top menu.
If you do find some discrepancies in RTI replies, you are free to publish it on any website to educate future buyers.
Madhu says
Till now they have not got the approvals and they are repeating the same answer it is going to be done very soon
videv says
They have given a clear choice — Live in hope or take money back. If you are dissatisfied with that, you can take some action but it will involve some work to be done by you. I have already outlined several ways.
Ani says
Hi, Thanks for the article.
I had purchased a mobile battery from a well-known store in my area. After using for couple of months, now my mobile is not switching ON. When I checked about the battery in authorized customer care, I found that I got a fake battery and fake bill. When I asked the seller store for original bill for issue of battery. They opened my mobile behind me without my permission. And their technician told me that ‘Charging Unit’ of my mobile has some issue. I am not sure if fake battery or unscrewing my mobile without my permission or anything else has caused internal damage to ‘Charging Unit’. I have given proper complaints to the store manager, to get original battery and to reimburse repairing charges. After 10 days & a long fight of complaints, they are ready to provide original battery and then I have to return them that fake bill. But they are not ready to give the repairing charges of my mobile.
So I want advice that, shall I take original battery from them & bear repairing charges from my pocket as cause for damage to ‘Charging Unit’ is unknown.
Presently my mobile is in switched off mode, as I not yet received battery.
Kindly advice me, as I don’t want to roam around court.
videv says
Fake bill (and battery) by a supposedly well-known store is a huge warning sign.
Let’s take an analogy. There is a reason I mentioned in my article that customers get treated as prisoners. When you first came to know it was fake bill and battery it was a warning you are being treated like a prisoner. But having made some deal with them you thought you will be able to get out of prison, but it seems they have made a special cell in deep prison for you 🙂
>>Kindly advice me, as I don’t want to roam around court
That’s exactly what the prison managers are hoping too! I don’t know what advice to give here. If you want to save money, you can continue to make some more smart deals like return of fake bill for no repair charges etc etc… But it is clear they are doing things which border on the criminal (e.g. they are probably evading sales/excise taxes by giving fake bills etc). If you want to be part of it it’s up to you. Or you can choose to run around in court rather than running around these prison keepers.
Anil Deveshwar says
Vivek..that is my first heartful laughter of the day !! “”But having made some deal with them you thought you will be able to get out of prison, but it seems they have made a special cell in deep prison for you ” sorry, I couldnot stop myself coming in between. 😀 after reading this.
“
Ayesha says
Thanks a lot for your advice. iam planning to complain against both flipkart and micromax service center. i complained on 38th day to flipkart regarding my mobile. I have the details of calls and emails sent and received by flipkart where they promised to call me back and help me, which they never did. and service center, cos they failed to keep their promise of servicing and returning the cel within 10-15.. i got my cel back after 32 days, yet it had all the problemsand defects. now i would lik to ask you a) should i go ahead for complaining in the consumer forum? b) if i complain, do i have to complain against flipkart or service center, or both?c) and are there any possible chances where the case turns against me and i have to pay to pay to flipkart or service center?? il be glad if u reply..thank you
videv says
I don’t think your complaint against flipkart has much chance, since as you yourselves say 30 days were over.
Against micromax, yes.
>>and are there any possible chances where the case turns against me and i have to pay to pay to flipkart or service center?
In rare cases yes maybe, I have read 1-2 such news. But that only happens if the court comes to believe that your complaint is frivolous and false. Don’t know why you should be worried if indeed the facts are what you say they are.
Ayesha says
Also i had made around 12 long calls and mails to flipkart and 65 calls to service center. everytime they tell me they will callme back and help. but they havent helped me a bit. flipkart told me that one in 100 mobiles will have such serious manufacturing defects, and all i have to do is get it serviced. on the other hand even after taking one month the service center returned me the mobile with all the previous problems plus some new problems. Iam ready with my documents to submit in the consumer forum. just want your help a) should i write the amount i want as claim for causing mental agony? b) if i write, how much i should the claim for a mobile phone costing 6450rs?pls help
Ayesha says
Hello sir, thanks a tonne for your guidance. i had bought a mobile worth 6450 in may from Flipkart. within one month it started showing problems(such as internet, sd card, mike, android). I called flipkart to either replace the mobile or refund my amount. They told me its more than a month and they cant help me. instead they sent me to service centre for repair.The service center told me they will service and return my cel within 10-15 days. but they took more then 1 month and still the mobile had all the problems. i called flipkart for help. they dint help me. in this process i have made many calls and mails to flipkart and service center… its 2 months and i havent received any help. so i have decided to reach the consumer forum… i ask for your guidance as to how much amount i should claim for the pain and agony caused to me from 2 months by both flipkart and service center… pls help
videv says
Ayesha,
If I am not wrong, flipkart has a 30 day replacement policy. So beyond that time limit you need to approach the manufacturer of mobile. Even I had tried reporting in 2 difference instances problems seen within 30 days. In first case they tried to wash off their hands suggesting to approach manufacturer, which I did and eventually it was found not to be a major fault. In second case, they simply kept quiet, and ultimately I had to approach consumer court and it was decided in my favour ex-parte (they never appeared in court).
So I don’t have any positive experience with this so called 30 days replacement policy of flipkart. Whenever I purchase, I try to make sure the manufacturer has a good brand/ or feedback, reasonable warranty period, and a good service network. Else it is can always be a risk if your piece gets to be defective.
As regards claim of amount for mental harassment, you can claim whatever amount (upto 1 lakh limit for district forum complaint)… the main thing is how good evidence you have to prove the harassment, and then of course it depends on discretion of judge.
If Flipkart replacement period of 30 days was over when you first complained to flipkart, then any claim after that including for consumer court refund and penalty lies solely on manufacturer.
You may want to give a try to the alternatives venues of complaint before consumer court:
https://deveshwar.in/alternatives-to-use-before-filing-consumer-court-complaint-in-india/
Vivek
arun kumar p says
sir am very happy that atleast somebody is there to listen to consumer and thank you. In month of february 2014 i had purchased a deep oil fryer and Hot display unit costing around 55,000=00 with SAS Bakery equipments in Bommanahalli, Bengaluru for my shop in Malleshwaram when i visited their factory Mr.Shaji the owner showed his products and took my specified order for the above equipments.
When the items arrived to my shop it was not as specified by me and also they didn’t give me the bill immediately i called upon them and asked they replied that it was a ready piece and so we have dispatched it.
After several days calling and asking them to take back the display unit nobody turned up and they sent me a invoice copy through courier after a month i had to arrange a vehicle and send back the display and acknowledge the same from them over the phone and asked for refund.
since then they have not given me the money and am calling them twice or thrice weekly and getting excuses that i will pay tommorrow, next week so on. my question to you sir is what and how should i recover my amount could you please guide me in this process.
videv says
This is a transaction between two businesses which are not covered under Consumer court. I have commented earlier also on previous questions on these issues. You can find the details on those comments.
If you have proof of payment, and proof of return of delivery, you can possibly even file a criminal complaint. I would advise you to check with a lawyer first and proceed. It maybe case of cheating or some such section under IPC.
Raghavendra says
Hi, i bought a new wifi router from croma store. However, the purpose is not served as in i dint get new connection of landline as they denied there is a faulty line near my place. So now this wifi router wouldn’t be of any use to me. In that case if i want to replace or give back to the shop and take cash back would it be possible?
The box is sealed unopened store packed. If the store refuse to return the money or replace for any other product will it sustain in the consumer forum.
Please advise.
videv says
Raghavendra,
Whether you can return or not depends on policy of store, also whether it will be only exchange or refund depends on policy. I think Croma will allow exchange the least. Usually it is written at the bottom of receipt or at the back. If not check their website.
I don’t think this is so serious to become a consumer forum issue. Maybe you should talk to them first.
Anil Deveshwar says
Dear Vivek
I find your blog very informative and guiding all in the right direction to get the consumer justice. I need your help at this juncture. The problem is detailed below for your guidance.
On 20 January 2012, I purchaed Samsung 40 inch LED 5000 series TV (UA40D5000) with a one year warranty for Rs 60,000 from Dawars Gurgaon (Authorised Dealer of Samsung).
1. On 22 June 2014, while viewing, suddenly it stopped giving picture (Dark black screen) but the audio kept coming.
2. I called the 1-800 number to open a servie request to see what happened to my LED. The next day technician comes, switches on the LED and tapped some finges on the screen concluding that disaply panel needs to replaced which will cost Rs 22,000 + service tax + Rs 1100 for visiting charges.
3. I discussed with him that how can such a expensive product of a comapny of repute Samsung can go malfunctioning just after 2 years of purchase. I feel have been robbed of money and trust in this case. It is a case of sub standard quality.
4. The sales technician defended saying it is a electronic good and can malfunction due to many external factos (like power fluctutation, weather conditions). I defended saying such R&D is already done by the company before launching. And the at the back of LED TV, its says it can operate from 100 volt to 260 volt. Furthermore, we have the 5KVA stablizer installed at the main MCB of our home. Then how can this happen. He said he did not know.
5. I also told the techniciAn that Had I known that such an expensive samsung product could not last more than 2 years, I would have purchased the extended warranty but on one mentioned about it at the time of purchase. And every one was showing me the rosy picture that LED panelhave 1 lakh hours life span.
Thank you very much !!
Regards
Anil
videv says
Dear Anil,
I think as per law what they are saying is correct. After expiry of warranty, some companies may do the repair at their discretion but for whatever reason Samsung doesn’t think this problem merits that.
I suggest checking on net if this model has similar issues reported by many other customers, in which case you may have a chance of making it as a consumer complaint. If a product has known defects, usually companies have to recall/ repair them by informing customers upfront. If many customers are reporting issues with LED screen going bad, there is a case for substandard product being given to customers knowingly. Otherwise, I think it is mainly how you can negotiate with them on this issue.
Long time back, I had a CRT TV by Panasonic which developed gradually a colouring issue on TV corners which kept on expanding slowly; and they replaced it even though by that time it had crossed 1 year warranty time limit.
Regards,
Vivek
Anil Deveshwar says
Regards and Thanks for your reply Vivek !
I sent an email/ letter to Daniel Park Senior Vuice President Samsung day before yesterday. Samsung office is close by from my residence I have not received any reply yet. I will try giving my point of defencse with consumer forum without thinking about the outcome (positive /negative)..
Regards Anil
******************************************************************************************
To, Mr Daniel Park
Senior Vice President
Samsung India Electronics Ltd.
2nd, 3rd & 4th Floor, Tower C.
Vipul Tech Square, Sector 43,
Golf Course Road. 122002 Gurgaon
Subject: The Quality and life span of Samsung Display panel not living up to its standard.
Dear Sir
I have always trusted Samsung basis the claims made in your advertisements in various electronic and print media. I understand that Samsung has established itself as a world class leader in the consumer durable home appliances in the Indian market for its superior state of art technology and its after sales service to Indian customers. It is also claimed on your website that “Samsung is growing at an impressive rate. It has proven time and again that it is a world class leader “.
After doing a lot of research on the web, basis the above facts, and your claims, I zeroed on one of your high-end LED TV on 20 January 2012 with one year warranty. The details of which are as follows:
LED TV 40 Inch D 5000PRMXL (UA40D5000PRMXL) , Serial Number 19973ZNC100005- Rs 59,500
On June 22, 2014 while viewing, all of sudden my Samsung LED TV went black (no picture), the audio was coming. I switched off the TV from the front and from the back power for about 30 minutes, and again switched on, this time also there was no picture (black screen) while I can hear the audio from the TV. Immediately, I called your 1800110011 from my registered mobile number 9990588815 and told them about the problem. Customer care registered my complaint and arranged for a Samsung technician visit. On 23 June 2014, the Samsung technician (from Samsung Sector- 31 Gurgaon) came and declared that the display panel worth Rs 22,000 + taxes has gone faulty and needs to be replaced. He arrived at this conclusion by mere tapping his fingers on the LED screen. I asked him why the display panel has gone faulty? He could not give any satisfactory reason, apart from the fact that electronic parts do get faulty. I was shocked and I could not believe that such an expensive product from brand Samsung, which always has been kept under all good care, could go wrong in such a short span. To my understanding display panel is one of the most important and the biggest part of any LED TV which is claimed to have an average life span of 1 lakh hours by the Samsung sales persons. Subsequently, I asked for a second opinion. This time another Samsung technician came, and all the cards (namely PCB, SMPS etc), at the back of the LED were checked and were found to be working normally. Finally, it was concluded that all my existing cards are working fine, except the faulty display panel.
Sir, we are a middle class, but very brand conscious people and have invested our hard earned money and time in buying this Samsung product. Now, imagine our plight that just after two years, we have to shell out another Rs 22,000 + taxes to make it functional. And that too living with the fear that the same thing can occur again.
Are we supposed to keep paying Samsung repeatedly, for buying a product and trusting its quality? To date, we have recommended and suggested your brand to many of our friends and relatives and have many other Samsung products at home. I am sure the Samsung will not want to loose such loyal customers and will take ownership and ethical responsibility for the quality of its product.
We are not debating about the warranty here, but are asking for the minimum average life expectancy of a brand Samsung product. When we buy a Samsung product we do not need to look at the warranty period as the name itself instils the confidence that the product will last for a long time, otherwise there are other economical branded options available in the market with better warranty ( 3-4 years). We expect high quality in return of high price. A customer expects Samsung to deliver quality and reliable product which will at least last some substantial time. If we have to change the display panel after two years, then how is Samsung different from other economical products. How were we to know that a big brand like Samsung will fail our expectations so badly?. It is a double whammy for us that we paid a huge amount at the time of purchase and now again are asked to pay around Rs 23,000 just after two years which is not possible for us.
As a result, we are left with the non working TV, unable to view television since last eight days. We are still in a state of big shock and you cannot even imagine the stress and agony we are going through. We request Samsung to look into the matter at the earliest and provide us with the free replacement of the non-functional display panel and save us from the further distress.
Thank you !!
Anil Deveshwar
Enclosure: Copy of the Invoice.
Thulasiram Rajendran says
Hello sir,
Thanks for your guidance to all the consumers who face problem with the companies in one way or the other. I have bought a Samsung Mobile(S DUOS-S7562). It is a dual sim handset and i am using one karnataka sim and roaming sim(tamilnadu) in the handset. I use my roaming sim card for internet purposes. Whether internet is turned OFF/ON, it doesn’t matter but the handset will reach a state of Automatic Handset Restart. This happens more than 5 times a day. i have taken the handset to the service centre for three times for service but that problem was not resolved and so i have registered in http://www.nationalconsumerhelpline.in for help. I got a call and follow up from SAMSUNG office employee. He asked me to sumbit the handset again. i did that more than 5 times. Even now the handset is in the service centre. The problem is not getting resolved. They are not giving proper response also. I am fed up with the arguments. with them What should i do now. They are trying to prolong this issue response to make my handset warranty period to get expired. i am left with only one more month for my handset warranty period to get expired. How to register this issue.
videv says
Dear Thulasiram,
I have received many complaints/comments regarding mobile phones not working as expected… and I think most of them have been resolved by approaching manufacturer as a warranty issue.
In your case you have already done that and it seems plenty of times too, but the problem is nowhere near resolution. Let me suggest a little more radical approach, and it might just work out too. In cases like yours, the issue is that one cannot live without a mobile phone in this day and age, and if it is kept in service centre most of the time then it is as good as not being there.
You can write/email to Samsung and ask them to either fix the problem, or give a new replacement handset, and give a timeline of 1 week to 10 days max; and if that doesn’t work out then you state clearly to them that you have no choice but to purchase a new similar handset of another brand if you so like and also file a consumer court complaint to recover the money on the defective Samsung handset + costs for time wasted etc etc.
I checked up the national consumer helpline website, it seems to be an official site just like core.nic.in however unlike CORE website it seems to take up only phone based complaints, which has a problem that you don’t have written trail of what’s been happening. After warranty is over, Samsung may wash up it’s hands so my suggestion is to purchase another handset and try to recover money via consumer court complaint.
Also I feel that many people spend so much time on follow up with customer service and so on, filing a consumer complaint will take few hours of time and Rs 100 draft, and maybe a better use of time than this endless follow up with customer service dept which seem to be designed to waste people’s time and keep them on hope forever.
Vivek
Manish says
Hi,
Tata docomo overcharged me a bill of 3985Rs in dec-2012 using unfair methods. I raised multiple complaints/requests to check the resolve the dispute at that time but they never resolved it and deactivated my connection. Now after 2 years they are threatening to send legal notice to make payments immediately.
What all options i have at the moment. Should i wait for the legal notice(probably hearing in citizen court) or should i file a consumer complaint in bangalore immediately. I should have complaint numbers with me in mail and other communications as well.
Please suggest.
Regards,
Manish
videv says
Manish,
It must be their customer collections dept to collect on overdue payments.
The fact that they disconnected the service shows that they took action based on THEIR assessment of the pending dues, right or wrong. If you kept quiet after that hoping the matter will die out, well, they too had their own strategy in mind!
There is no need to wait for legal notice. You can file consumer complaint as that’s the best option for you short of paying up! If they do send legal notice, that case will run independently though my guess is the consumer court case will run much faster and if you act quickly, they can get the notice served within 10-15 days and then they may fight the consumer case rather than going to civil court. It is also a principle of law that if a case is pending on some matter in one court, an involved party should not file a case on same matter in another court. So your going to consumer court first will pre-empt them.
A bit of personal nostalgia: many years back I got citibank to reverse all accumulating interest on credit card dues (not according to me) which had gone up to more than Rs 2000 (according to them). I cornered them based on legal technicality that in a later email they said the card was active (probably to keep adding the penalty) whereas in earlier email they claimed the card had been deactivated. All this based just on exchange of emails… which is why I always harp on having written records and emails for all customer service issues rather than calling them on the phone.
Vivek
jayasudha says
hello sirm
my husband had paid complete amount for hair transplant. then we decided not to take up, now if i ask them for the refund they made me run around a lot. can this case be filed under consumer forum, please help me.
videv says
Yes. No service provided means no payment to be made, in general. I can’t imagine they having flown down a surgeon specially from US for this, that they should charge the money even if the procedure wasn’t done!
You can file consumer complaint and include a copy of the invoice, cheque/card payment etc as proof.
Sandhya Vijayan says
Hello, thanks a ton for all the information you have provided. Seriously, very very helpful. My query is – I want to file a case against one Akea Furniture located in Shivaji Nagar, Bangalore. I had bought a shoe box from them for Rs. 4,000 in January’14. Within less than a month the drawer of the box broke and all hinges have become loose now. My dad called up the shop and told to send someone across to repair the furniture. They keep saying tomorrow…tomorrow..tomorrow. My dad and I have made like a zillion phone calls to them and they say ‘we’ll send someone’.. ‘we’ll send someone’. My dad even sent our driver to the shop to pick someone up, but no one came. This is really getting on my nerves now. They have absolutely no respect for us. (Can you believe, we are struggling with them for 5 months now!)
Now the real question is, I only have the bill from the shop. He didn’t give us any warranty on the product. And I can probably get the call details from our telephone bills to prove that we have actually called them like a hundred times. But that’s all we have. Will this case stand its ground at all? Any possibility?
Thanks in advance.
Sandhya
videv says
Hi Sandhya,
This episode reminds me of a Japanese lady who told us who were taking Japanese lessons with her — “if someone says in Bangalore that tomorrow I come, it means not coming” 🙂
Bill should be more than good enough because each product has to come with certain minimum level of usability and lifespan, even if there is no specific warranty card. Otherwise people could sell something today and wash their hands off if it crumbled tomorrow! Certain things about quality and durability of the product can be found out only after using the product, furniture is a typical case.
Along with receipt copy and pictures of the broken product, you can file complaint. Call records should be good enough too, and it can be provided at a later stage too. It is for them to explain why you were making them so many calls after this product was sold.
Vivek
Sandhya Vijayan says
Hi, thanks once again for your prompt reply. I am going ahead with this and escalating the issue in consumer forum. You have been immensely helpful. Thanks a lot. 🙂
Amit Bajpai says
Hi,
Recently I have visited restaurant “Punjabi by Nature” and noticed that they are charging wrong bill to all customer.
They are charging VAT on amount which is combination of Total bill + Service Tax + Service Charge, which is wrong. VAT is suppose to be charged only on good value.
Please let me know how can I put this to consumer forum.
Thanks,
Amit
videv says
Amit,
It can be put in consumer forum if you done basic investigation of the tax law etc behind it and it is indeed incorrect. Basically the matter will be one of overcharging customers.
But the problem is quite different than just a overcharging to one customer. It is more on the breaching of various tax laws and most likely a criminal case too since they are overcharging the customers and probably pocketing that money instead of giving it in VAT, service tax etc. Even if they pay all that tax to govt, it is still a stealing of customer money and transferring that to govt by way of taxes without any authority.
I suggest to follow it up with various indirect tax authorities in Bangalore, BBMP (who regulate restaurants etc) and they should be more than happy to investigate a tax fraud/breach of regulations matter. Amit Deshpande whom I know has done something similar against a chemist in Bangalore.
http://timesofindia.indiatimes.com/city/bangalore/Chemist-made-to-pay-3-lakh/articleshow/11707904.cms
If you do file consumer complaint, put some element of a general public interest into it and ask the court to direct restaurant to pay hefty penalty into consumer protection fund. Consumer courts have ordered such penalties in the past, and in case below they put 10 lakh penalty on IRCTC even without asking by the complainant.
http://timesofindia.indiatimes.com/india/IRCTC-fined-Rs-10-lakh-for-selling-soft-drinks-above-maximum-retail-price/articleshow/18708091.cms
kulsum says
Hi… am very happy after opening the consumer complain website it gives me encouragment to complain my issue and motivating me to stop such act which are happening around us..
I have purchased an sofa from Univarsal Furniture Shop in Jan 28 2014 which cost 12000 and they gave us 5yrs of warrenty But after 3months when we sit on it Sofa legs has started shaking.I called them and informed about this because they had claimed 5 year warranty on the product.But they always answered us saying that they will send they Carpenter Boy for repair But they had never return to home.Since i tried reaching them 15 times but i got same reply and i had mis-placed Receipt.Plz kindly help me what to do..???
videv says
It is a fit case for consumer complaint, and I doubt they have any intention to fix or replace the sofa either.
1. Without receipt, you need another way to prove that sofa is purchased from the same shop, and most importantly you can’t prove the date of purchase, without which claiming to consumer court that it is under warranty is also difficult.
2. Also, do you have any document which says 5 years warranty? If not, then you definitely need the receipt to prove date of purchase because a sofa which starts shaking within 3 months is a good enough proof by itself of deficiency in product.
kulsum says
thanks for your reply Videv Sir i will try again to search for receipt we have the visiting card of the shop…..No we dont have any proof which state the warrenty, it was written in the receipt.
The shop person may have the Duplicate Copy of Slip will that work out…??
If i dont find the Receipt what else can i do..?Can i record the Call and give it as proof.?
videv says
Receipt is the best proof of both purchase and if warranty is mentioned on it, there is no need of another warranty card. Failing that if you can prove that sofa was sold by the same shop based on some unique logo or design etc on the sofa itself, it might just work out. You will need picture of that.
You can record the call and that may be useful, generally lawyers tend to always say audio etc is not good evidence, but that’s not correct… It’s just that things will get delayed in Indian courts with these things. Even audio can be forensically analyzed but who has time to get all that done in Indian courts 🙂 I don’t think they will be that shameless to deny it though.
In any case you can file the complaint and maybe they will try to settle it with you. But my guess is if you do not attach the receipt with complaint the court might ask question about that since there is no document whatsoever along with complaint. Or take a pic of the sofa and also attach visiting card of shop with complaint. That’s the least required in lieu of receipt.
Jyotiprakash Purkayastha says
I tried to make a reservation from Chennai to Kolkata via clear trip org. on 10th of May 2014,for which i had made 9 attempts as there was a server problem but inspite of my tickets being failed in confirmation,i had been charged for two transactions(trip id’s-1405100159,1405100171)without informing me.On that day itself i called them and asked to return my amount,where they said the process would need 3 to 4 days to complete and i’l get my amount,but no such amount has been refunded from that day till date(10th june 2014) inspite of me reminding them every alternative days.Every now and then they confirm that they are processing the amount back to my bank,and have reason as,the amt is getting rejected on the gateway while crediting in my account.On asking the trans.id of that failed transactions(as they said) from their account to my account they say they don’t have any such trans.id for failed transaction.Till now i have called them more than 50 times which is of no use.
Please help me with a solution of what should i do and whether i can lodge a complaint for my problem i consumer forum or not.
Thanking You
videv says
This is not a major problem (as yet) for consumer complaint. For such issues you could try to lodge complaint at http://core.nic.in except for the problem that their servers work when they want to!
1. For failed transaction id, check with your credit/debit card bank whether a transaction is generated for every failed transaction or not, and specifically for a refund from merchant. I see no reason why there won’t be transaction id even if it is failed.
2. In general, calling such people on phone is waste of time. Keep email record from now… that will be useful for complaint on core.nic.in or future consumer complaint just in case though I don’t think that will happen.
I have a suspicion that most of these online companies either deliberately or because of learned incompetence are very slow on refunds, maybe it’s their way of managing their current assets… funding from customers. Whoever are the smart ass MBAs managing behind these schemes, such companies won’t be there in the long haul, that’s for sure…
To share my own experience, I had blogged full review of Pepperfry and Infibeam on this same website when they were not processing refund in time… and the refunds came quite quickly after that! Now one need not create a new website just to pressurize for refund. You can easily put a negative review about cleartrip (copying your same comment should be enough) on Mouthshut.com and send the link of review to cleartrip. Let’s see if they wake up.
Sreenath says
Hello Sir
Thanks for the wonderful and detailed steps outlined. I recently had a bad issue with Airtel and came stumbling across your article. I am waiting for the reply from the Nodal officer of Airtel about my grievance to take my case further. The matter I am dealing with is not a large sum but instead a wrong practice by Airtel where they charge the consumer for servicing / replacing faulty DTH equipment which the company owns. They say that this is standard practice but I believe this is wrong and that by means of this policy, many consumers together are being waylaid and extorted for money.
I am willing to fight this policy for the sake of all the consumers and not just my own resolution. Is registering a case in the Consumer Forum the right approach to have a company change its policy and refund all their customers?
Thanks for the write up and keep the fight going. You have support from avid consumers like me. Its time we respect companies that respect their customers and shun companies that treat customers like you say – prisoners.
videv says
Sreenath, It doesn’t matter what they say regarding ‘standard’ practice, what matters is the terms and conditions of the Airtel DTH contract. For Tata sky I think there was a warranty of 1 year on the set top box after which it is chargeable. Let’s get the terms of their contract where they say about charging of repairs/servicing of their equipment. Also the terms where it says who is the owner of equipment.
Nodal officer of Airtel is not going to do anything regarding policy. Anyway, whatever reply or lack of it they send can be kept for later use.
The right body to approach for policy change would be TRAI. I think of them as toothless most of the time, they couldn’t or wouldn’t enforce regulation about spam calls and SMS for many years and used to fine few lakh rupees for violations in an year. Don’t know how good they are doing now. Long ago though, I had sent a complaint to them about Tata sky, and they did follow up on it mainly as a facilitator and Tata sky had to send reply about it.
Consumer complaint can be useful in this case if you have a personal grievance and evidence of it. For policy change, maybe an online petition maybe useful to be sent to TRAI chairperson once we have a good number of signatures. If the matter is something you can show to fall under a clear malpractice or taking consumers for a ride, then an individual complaint to TRAI may also work out well. Send it by speed post so you have a proof of sending the complaint.
Amritanshu says
Hi Videv,
I have been fuming since yesterday and really felt like a prisoner. Your Article is a relief. I am going to file a complaint against Tata Docomo for the first time and hence a bit nervous for how well I’ll do in proceedings. I crossed my Data limit by 600 MB and now charged 6000 rupees extra for that.
I called customer care for the data rate plan and calculated accordingly (1 paisa per 10 KB), bill came out 907 Rupees. I rechecked 4 times from different people in customer care and data plans explained by all of them suggested the bill of 907 Rupees.
They connected me to the billing department then, people there are saying different data rate plan (1 paisa per KB). They said they’ll escalate the issue against customer care executives who said 1 paisa per 10 KB.
I checked their site ..No data rates are written anywhere. I asked them, they are not able to tell where exactly its written.
Please suggest how should I proceed after filing complaint in consumer court. What things can I use as evidence? I don’t have call records, otherwise that would have been a great evidence.
I am writing excerpts of the mail I have written to them. Hope it explains you the scenario.
” My Internet Usage has come out to be 1.63 GB last month.
Around 630 MB more than 1 GB Data Plan
And I have been charged heavily (more than 7 K instead of
907 Rupees) for that.
Explanation:
Total KB usage = 1663356 KB [3G Data] + 15287 KB [2G Data] = 1678643 KB
I have already paid for 1 GB via my 199 Rs. plan i.e. 1024 x1024 = 1048576 KB
1678643 -1048576= 630067 KB
So basically I have to pay for 630067 KB
As per your Plan for extra usage (And I have confirmed it on
helpline 121) 1 paisa per KB is charged for first 30 MB
and then 1 paisa per 10 KB is charged.
30 x 1024 KB= 30720 KB
30720 KB will be equal to 30720 paisa i.e. Rupees 307.20
remaining data used will come out to be
630067 KB – 30720 KB = 599347 KB
59935 Paise charged should be charged 599347 KB as per 1 paisa per 10KB = = approximately 600 Rupees
So total charge for extra usage comes out to be 600+307= 907
Rupees approximately
I have been charged more than 7 K for that .”
I win or I loose ..I am going to see consumer court for sure.
videv says
The most important thing is to get official (written) rates of Tata Docomo data plan — 3G, 2G both. E.g. on Airtel website, I see huge difference between their 3G and 2G data rates, 2G being 10 P per 10 KB and 3G 3 P per 10 KB. this is said to be for MP circle, I got this via google.
http://www.airtel.in/mobile/postpaid/services?CIRCLE=8&CIRCLENAME=MP%20and%20Chattisgarh
I have emailed you the strategy on how to go about it.
sankeerth says
Hey deveshwar thanks for the deatails u hav given…
I am stuck in verry big pblm reagading a company …
Can u jus help me if u can pls do d needful as im jus a student i donoo wat to do!!
videv says
Sankeerth, your comment: “im just a student…”
Students have been part of major upheavals and regime changes around the world in the last 100 years!
This is just a consumer complaint, which takes a fees of Rs 100 and a few hours of your time, if you read my article on how-to-file, and also use the consumer complaint template for Bangalore in the other article.
All the best!
Faiza Shaikh says
Hi,
This is indeed a very helpful article, especially for us “common people” or “prisoners”. There are no sites/blogs that explain the procedure so well. Kudos to you!
I would like to share my story as well, since we have only talked about service providers such as Airtel, etc. or retailers (e-tailers) such as Flipkart, etc., there are some more in the beauty and cosmetic domain, one such is VLCC. They offer very expensive (trust me exorbitantly charged) services for beauty and health care, at the same time they have no ethics to execute these services professionally.
After I paid an exorbitant amount for some laser hair reduction therapy and signed a consent form (as they called it at that time) without any explanation about the side effects or probable accidents of laser therapy, they burn my left hand and left leg with multiple blisters (leading to marks on my skin). When I refused to take any further sessions and asked for a refund of the services I have not availed, they first tried to coax me in to taking some other sessions such as beauty treatment, etc. (like I would trust them for anything after the horrible burns!!). Then they tried to convince me that the burns will heal and the marks will eventually fade and I should take the laser sessions again (OUTRAGEOUS!!!). When I kept asking for my refund, they send me a letter refusing to pay my money back. I am taking them to court and this time, I am not only asking them my money I am also going to claim money for the trauma I went to, the embarrassment I felt at work and outside. I am also going to distribute fliers with my story and the pictures of the wound around the VLCC parlor to all apart from that I am also going to use MOuthshut.com, Facebook, etc. for making people aware of getting in to such traps.
videv says
Go ahead. I say this probably borders more on the medical side of things. A consent form is a medical document taken before surgical operations etc, but even then a surgeon is still held responsible if it is proven that the failure of operation or any complications were due to negligence etc. Based on my readings of the medical consumer cases, at some stage of the case, medical expert (appointed by the court probably) may get involved who can certify whether the kind of complications seen in your case were just routine or otherwise. Just my thoughts.
In the meanwhile, you should have all the documentary proofs of communication with VLCC, and if not already done take photographs of the scars etc to be used as evidence later.
RAVIKUMAR says
I Have purchased some medicne it dosen work properly so i went for replacement shop person said we wont take outside medicne back for outside prescription so,what should i do
videv says
Ravikumar… your question is not very clear. Medicine not working properly is not good enough.
1. Did you buy this medicine on prescription?
2. If not, then of course no one will be able to guarantee it’s working.
3. If on the other hand it is some kind of a health supplement or nutritional product (available without prescription) which is advertised to promise the moon, maybe something may be possible. Then again, the manufacturer may be off the hook as long as the medicine contains the ingredients as promised.
E.g. if a company advertises an acne removal cream which removes acne (which too I doubt) and then they also show in advt that a cream user got a modelling job because of it; then I don’t think anyone can sue the company that they used the cream but didn’t get the modelling job 🙂 But sure they can sue the company if it didn’t remove any acne; though I doubt the success of such a claim.
Ajit says
Hi Vivek,
I had ordered Denim Jeans of waist size 36, through Whaaky.com, they were providing an offer of 5 jeans of Koutons for 1099 + COD charges = 1199 Re. The order was delivered late almost they took 2 months to deliver it. I was shocked to see that they had provided some other brand and waist size of 30, 32 which I can’t use at all. I believe it is a cheating/ fraud which has happened to me. Please advise on the above issue. Can I go to Consumer court against whaaky ??
Thanks & Regards
Ajit Nayak
videv says
Yes Ajit, it could be clear case of violation of many laws including consumer laws which is the main focus of my article.
You can give Whaaky a email/written complaint as a kind of notice before going to consumer court. You will need to have proofs of the following.
1. Bill/invoice mentioning the ordered items clearly so there is no confusion as to the size and brand ordered.
2. Proof that full amount of the order has been paid (COD, credit/debit card whatever)
3. The delivered product (only to be shown if it comes to that).
4. The packaging in which it was delivered — just as a proof that the package came with company logo/stamp etc on it, on so and so date.
5. Very important — any emails or written documents like screenshot of company website/order/ customer complaint which can show that you complained about this wrong order to company.
Your case is very strong, also because they took 2 months to deliver. That itself could be a cause of complaint but since you waited for order, it is implicitly agreed that you agreed for company to deliver even if delayed. But after all this, if they send wrong order, my guess is they don’t have the product and hoping customers will just forget and shut up instead of raising complaint.
Nagesh B V says
Dear Sir,
Thanks for the very useful information. I had purchased a sony xperia E1 Dual black mobile from sangeetha mobile store in sahakara nagar on 5th april 2014 since from 1st day itself problems occurs and I went sangeetha shop and i asked regarding problems and they told to call onsite service then i called to onsite and executive come taken my mobile for service and they given back after 10days but the problems unchanged and again i called back till today i given 3 times for service to onsite but not solved my problems and in 2 month after i purchased only 10-12 days i used that mobile rest of days they only taken for service but not solved really i called more than 20 times to service centre to repair properly and i’m very disapointed……so what can i do….??????
contact me mobile no;8951110780
videv says
Dear Nagesh,
1. If you are willing to spend some time/effort, you can file complaint in consumer forum against Sony.
2. You would need to have proofs of repairs made, and to show that the problem could still not be resolved.
3. You could ask for reasonable compensation from company (for the harassment, time wastage caused due to deficiency in product/servicing by Sony) apart from replacement of mobile.
Zax says
Dear Vivek,
First of all, thank you for such a wonderful post. It gives us the confidence to fight back and get justice.
I need your help to know if I can lodge a case in consumer forum for the below scenario:
I run a small business here in Bangalore, for staffing I had consulted a consultancy that has head office in Mumbai, after making a (online) payment to them they are kind of vanished (no email response, no call response or they would hang up immediately if I tell them my name). It’s clear that they are fraud.
I had called the consumer forum number as well, they asked me to visit in person and explain the entire case then only they would tell me if they would accept my case. I would appreciate if you could tell me:
1. As per you, is it a valid case that could go in consumer forum?
2. If yes, I have bank statement print, emails we exchanged. Are these substantial enough to prove something?
Anything else that you think I should know or have with me before I visit consumer forum.
Your response is much appreciated. Thanks.
videv says
I remember having read long time back that you cannot file a consumer court complaint for a business to business transaction. If you can prove that you dealt with this company as an individual consumer, not as a business, then it is definitely possible.
Plain reading of the Consumer Act Sec 2(b) and Sec 2(d) says that only individual consumers can file complaints:
Sec 2(b) below which defines who can be a “complainant” which refers to word “consumer”:
Who is a “consumer” is defined in Sec 2(d) below:
The last lines in both above paras exclude those who buy a good or service for further reselling or providing commercial services of their own.
To be 100% sure, I tried searching to get some more more secondary confirming information on this, but couldn’t find anything substantial except this site which says one can’t file complaint as a business (but doesn’t explain why):
http://consumerresources.in/2012/09/20/how-to-prepare-and-submit-a-complaint-to-a-consumer-forum/
You can file a civil suit etc for breach of contract etc. Also, as per my understanding, bank statements as well as email exchanges are very good documentary proofs. Emails as evidence are allowed under Information Technology Act. If you did not have a formally signed contract, then the exchange of emails can also be deemed to form a contract based on what is agreed in those emails (based on my understanding of contract law).
Standard Disclaimer: I am not a lawyer 🙂
Zax says
Vivek, Thank you for a quick reply.
Even I thought the same thing, this is business to business.
I think I would now try to visit forum in person, talk to them, explain entire scenario and see if they accept my case.
Civil suit…. doesn’t seem to be easy and smooth 🙁 , need to find something alternative.
Anyways, Thank you very much for the reply.
videv says
Yes. You can try it anyway, but I think the administrative folks at consumer forum are not the final authority to accept or reject the case. If they accept they will give a date of first hearing, and on that first hearing, the judge(s) will decide whether the case can be taken forward or not.
kishore D says
hi sir,
i am kishore from bangalore. i have parked my bike in a paid parking lot in central mall bellandur bangalore yesterday. i got proper reciept for parking my bike and i have my keys with me. but after 5 hours when i came out of a movie my bike was seen stolen. i dropped a complaint in nearby police station and they are doing investigation. police says that there is less chance to find the bike. the parking company name is “central parking service”. they claim that they are not responsible for it .what should i do?
videv says
Bad luck Kishore! But as far as I know, almost no parking service/agency takes responsibility of theft of vehicle or even a helmet kept on it, and it is usually written on notice boards or even on back of parking receipt. Their point is that they are charging parking fees as a rent for the parking space, and not providing a security service. As an analogy, if a theft happened in your rented house, the landlord should not be held responsible for the theft.
The main recourse if to claim insurance. If vehicle is uninsured, then your only hope is to keep following up with police about the investigation. You could use RTI (check RTI category on this site) as a way to do it if they are not cooperative in giving status update.
kishore D says
No sir, i don’t find any boards/rules®ulations stating that the parking company is not responsible for the theft. then for what work they are charging money. Is it not their responsibility to safeguard our vehicles. helmets is a different case. because they are not givind any tokens for helmet. but it is their duty to keep our bikes safe. please see the link
http://archive.indianexpress.com/news/bike-stolen-from-paid-parking-lot-contractor-fined/818742/
can’t i file a complaint against the company. how many bikes will be stolen if i dont take proper action. what is the proof that parking company is not helping the thiefs. non functional cctv cameras and no checking of parking tickets and respective bike at the exit. is this correct?
please advice
thanks & regards,
Kishore
videv says
Ok. I stand corrected. Maybe not for helmets and other things left with vehicle, but vehicles themselves probably are covered as responsibility of parking contractor. As per the news you have shared too:
You could try getting a copy of the judgment too if available online. Also, if I were you, I will try to get a copy of the parking contract rules (whether general rules or specific to this contractor). If it says security of vehicles is contractor’s responsibility, then your case will be air tight. You can get it at a later stage also after filing consumer complaint.
BBMP is the agency I think which gives parking contracts, so you can approach BBMP (check website first), and if they don’t cooperate then file RTI to get the parking contract rules for this contractor, and any general one too. My guess is they will be having a few set of standard contracts based on different types of parking lots. One of them will have been signed with this contractor.
Prachee says
Hi,
The blog is amazing and the meticulous detailing you’ve given is really nice. I am new to Bangalore and am living on rent with my family. In a shocking incident 2 days back , 2 washing machines were stolen from our society in the night, one belonged to me and the other to our neighbors.
The security guards in our society come from a security agency and since this was clearly their irresponsible behavior as washing machines are not toys which can be easily carried away , I would like to go to the consumer forum against the security agencies.
Will it be treated as a acceptable complaint ?
Thanks & Regards
Prachee
videv says
It can be possible for sure, because it can fall under deficiency of service.
Proving it will first require some homework on your part. Find out what are their assigned duties like maintaining register of visitor entries, maids etc into the building. Check if those registers and entries are being maintained and take a copy. Usually a heavy object like washing machine can only be carried inside a vehicle, so if outside vehicles have been coming into building and leaving without appropriate checks, it can be a ground for complaint. You need to check first how much of vehicle checking they do. It is possible to file a complaint without doing these things too, but then you could miss out on evidence in your favour if they improve their process from now onwards or make up the entries in register etc.
In their defence, they might say that a resident of the building might have stolen and taken the things in their vehicle, so they couldn’t possibly check each resident’s vehicle. That lies in the domain of criminal law and police. You will also need police complaint copy to prove that two different residents got washing machine stolen on same night. And bills for these to prove ownership. The fact of 2 thefts in different houses in same night of heavy objects is the main point in your favour I think. I have heard of synchronized thefts like shoes (kept outside door) of multiple apartments being stolen en masse and that kind of stuff in single day/night, but not something like washing machines.
Then again, I am not a lawyer! But then no lawyer has cared to write about consumer issues, so until that happens I guess I can keep doling out advice 🙂
Prachee says
Thanks !! We have already filed a police complaint but the police didn’t even come to our place to investigate and it doesn’t seem to be their intention. We have come to terms with the fact that we wont get the washing machine back so wanted to check if we can complain in the consumer forum so that at least we could get a compensation.
videv says
Filing consumer complaint on security agency is worth a try based on your case details. But the reason shouldn’t be whether police is seriously following the theft case. Let’s say they even catch the criminals, but they may not be able to recover the washing machines or the money. If you do get something back though, you could adjust downwards the asked for compensation amount later in the consumer court. That should be fair enough to everyone.
prithviraj shetty says
sir,
I have bought New LG L90 set on 3rd May 2014 at Sangheeta(RT Nagar) showroom, after couple of days i was facing Mike hearing problem as my voice was not Audible to concerns, Immediatly after my notice I took it Sangheeta Show room on 08.05.14 to rectify., even it was only 4 day over and it was a Manufacture problem they denied to exchage to new set and insisted me to take it over to LG service centre, on my request they have taken my Mobile and ashured Me to rectify with the New mike change., Today 09.05.14 they are giving excuse of there is no stock of mike since its new set on Market and it will take another 3 to 4 days to change.
requesting you to Pl advise me on the above issue.
videv says
Unless they have a returns policy, what they are saying is correct. After product is sold, it is manufacturer’s responsibility to fix any defects during warranty. Yours may be one-off case that the product has a basic defect at time of purchase itself. But sangeetha electronics or anyone else for that matter will not know which mobile may turn out to be defective since they will be selling the mobile phone inside box package.
I suggest To approach LG customer service directly. If the responsibility of product was with Sangeeta electronic only it will be bigger trouble since you won’t be able to get it fixed in any city where they don’t have a branch. But LG will have service centres all over India. That’s just one of the reasons why retailers don’t give warranty, manufacturers do.
Note that some retailers may help you with availing warranty and repairs, but in the end it is manufacturer at the backend who is doing the exchange or repairs.
Hope it answers your question.
satish kumar mishra says
dear sir/madam
i god cheated by a person through the fone…but i have all proofe ,,so i need to file a complain against that person..pls, suggest me…my mobl no.7899691404…
videv says
Sorry that is not enough detail for me to be able to help.
Soma Pandey says
Dear Sir,
Thanks for the very useful information. I had purchased an 8 door cupboard from House full furniture in August last year (2013) for Rs 20,000/-. within 6 months one of the door hinge loosened and the door got dislodged. I called them and informed about this because they had claimed 1 year warranty on the product. Their website http://www.housefull.co.in also claims 1 year warranty on all products. First they asked me to email photo of the detached door and cupboard. which I did promptly. Then they called up and said the invoice number I have given mentions a shoe rack and not cupboard. Then I emailed them a scanned copy of the invoice. Then they call up and tell me that the repair is chargeable for Rs 1000/- and this also I must pay up in advance. So only when I go to their store and pay Rs 1000 collect the receipt and email them the receipt number then they will send someone to repair the product. I ask you isn’t this ridiculous. Is this the meaning of 1-year warranty ? Can you give me an email id where I can post this complaint through email as I am working and cant spare so much time to go to court for this issue but still I wish to put across some complaint so that they do not further mislead other customer in the name of 1-year warranty.
videv says
The only official government online customer complaint is possible at: http://core.nic.in/ The main problem with them is it doesn’t always work and gives “server error” after submitting complaint details. But when it does work, I have been able to get resolution to many complaints through them including refunds from Airtel. Like a typical government dept, they are quite smug about their service and refuse to believe their website doesn’t work a lot of the time.
There are many websites which have opened up with consumer/court in their name and many people submit their complaints there thinking it is a government website. The interesting thing is that some of these complaints are monitored by companies too, and some of them may get resolved. But I don’t have my own experience of how effective these websites are.
Use internet and social media: You could also use social media to spread infamy about this company. One of well known websites is http://www.mouthshut.com where you can post your negative review. There is nothing wrong with it. I have posted negative reviews of so many companies on this website, on mouthshut.com, and shared on facebook; as well as sent the article links to companies themselves. Usually I see that they are very sensitive to a negative website post and take action after that.
Deepak says
Dear Sir,
Firstly i thank you very much for giving a hope of consumer court. Officially i keep travelling to many places around karnataka. During govt bus stops shops which is near my home take extra charge for refrigiration. Suppose a cool drink is 7rs they charge the customer 10rs. The money is less but it is more than MRP. I would like to raise a complaint against these small issues in my area first. But when i raise a complaint i would not be getting a cash reciept or invoice but instead of this can i take a video in which the owner or the shop keeper demanding more money as a proof ?
Each customer is taken 2 or 3 rupees more and in a day it reaches thousands of rupees. Can i raise a complaint on this and can a video be a proof ?
Please guide me in the same.
Best Regards,
Deepak. G
videv says
This is a very interesting issue, and with just quick google search, the answer is NO. They can’t charge more than MRP. Refer links below:
http://timesofindia.indiatimes.com/india/IRCTC-fined-Rs-10-lakh-for-selling-soft-drinks-above-maximum-retail-price/articleshow/18708091.cms
https://in.answers.yahoo.com/question/index?qid=20110405234911AAsj6JG
Above link gives interesting information that the cooling fridge etc is usually given for free by companies.
somewhat rambling on multiple topics but covers MRP too: http://afternoondc.in/rti/charging-beyond-mrp-is-illegal/article_50627
Usually milk packets are also sold by retailers after keeping them in fridge, and they don’t charge for this so called ‘cooling-service’. So if it was about cooling charge, then retailers will be charging extra beyond MRP on milk packets also. While someone may say that milk will perish if not kept in cold storage, this is a different issue and nothing to do with legal validity of charging a ‘cooling-tax’ on customers.
I have emailed Coca Cola and Pepsi India for their official reply too. Let’s see.
Regarding video as evidence, yes, it will work very well as evidence. Though I think if this is a everyday problem, you could also do a CJ (citizen journalist) show like one on CNN-IBN on this, so it gets national coverage. We need to convince them that it is not only rich people’s problem.
Surjit Kumar Singh says
Hi, Thanks for all information you have put in your blog and this will be really helpful to many people like us who are planning in some way to tackle their problems.
My issue is with one Bharat Gas dealer in BTM, called Bangalore Gas Agency. They have stopped delivering gas cylinder at my place since I had resisted paying extra money to delivery guy. Its been since 3 months I haven’t received my ordered cylinder. I have put several complaints on Bharat Gas transparency portal but nothing happened. Finally going through some comments on internet I filed online RTI to know reason, why my supply has been blocked but even after 1 months since I filed RTI no response has come.
Finally I came across to your blog but not sure whether I can file a consumer case against Bharat Gas dealer or Bharat Gas company. Also what could be template to file case against them?
I have snapshot of my complaints filed on Bharat Gas transparency portal, will that be sufficient to prove my point further in consumer forum?
If you have any template to file my complaints in consumer court, please forward it to my mail id: surjit84.singh@gmail.com.
Thanks,
Surjit.
videv says
It is bit perplexing why a simple matter of delivering gas cylinder has gone to this level.
Anyway, since you have already filed RTI, filing first appeal is much easier and productive step at this stage, compared to say initiating a consumer complaint. Given that Bharat gas is a govt undertaking, they are bound to reply to RTI and usually those departments who don’t at first, reply to the first appeal. Format of first appeaal is available under RTI section on this website. It is even easier than RTI since no fees is required, only the application.
After reading your comment again, I realize you have filed RTI online. I have no experience of online RTI yet, but reading their home page it is clear it is not applicable to a PSU undertaking like Bharat Gas. That might be the reason your RTI has failed to get a reply.
See their homepage:
https://rtionline.gov.in/
“Through this portal, RTI applications/first appeals can be filed by Indian Citizens only for the main ministries/departments of Central Govt., located at New Delhi. RTI applications/first appeals should not be filed for other Public authorities under Central/State Govt. through this portal.”
Regarding your consumer complaint, I believe the complaint applies more to the dealer than to the company at this stage. But I think you don’t have much evidence yet of their refusal to supply gas unless you pay extra, like a voice recording etc.
You can however file consumer complaint for deficiency of service stating that not delivering gas for a long time is clearly a deficiency of service. In that case, you need to provide only evidence of gas booking date/time. E.g. for SMS booking they send an SMS confirmation which should be good enough.
MOHANKUMAR says
DEAR SIR,
THANKS FOR THE INFORMATION, LAST YEAR I HAD GIVEN A TRAVEL AGENT RS. ONE LAKH TO FLY TO SINGAPORE AND MALAYSIA. HE HAS NOT ARRANGED THE SAME AND INTURN HE GAVE A CHEQUE FOR RS. 93,000/- AND THE SAME BOUNCED, HOW SHOULD I GO NOW.
REGARDS
MOHANKUMAR
videv says
You can file a criminal case under Sec 138 of Negotiable instruments Act as a cheque bounce case. I don’t want to digress into non-consumer issues and I am not an advocate by training either. Suffice it to say not long ago there were 38 lakh pending cases (out of total 3 crores) dealing only with cheque bounce, that can tell us something about efficiency of Indian courts, so the crooks don’t bother, and they probably laugh at the honest law abiding citizens thinking they don’t have any options.
Consumer case is also an option since your evidence (of cheque bounce at least) is quite clear and provable.
You also have option of filing both consumer and criminal cases and they can run independently of each other.
Lt Col (Retd) CV Bala says
Hi,
I am a party from MHOW/Indore. The party concerned is in Bangalore. This company is called ShopUSA.in, a freight forwarding company run as a franchise. Since their juridiction is in Bangalore, how do I file a complaint? Do I have to travel to Bangalore for filing the complaint?
Thanks
videv says
If company has presence and operations in many cities, it should be possible to file complaint in your city and let the company sort out the jurisdiction with the consumer court of your city if they have any objection. For example, for my complaint against Panasonic I had filed consumer complaint in Bangalore while mentioning their Chennai address because that was their nearest major office in South India. They sent their Bangalore representatives to consumer court and we did out of court settlement.
For courier, ecommerce, logistics kind of companies; there may be a special provision or previous precedents about jurisdiction because they may deliver in remote places while not having major presence in all cities. Jurisdiction is an important point, I will have to check about it and will make a separate post on it. It may take some time.
Pradeep Herle says
Hey there,
as someone said in above comments, this is a very helpful blog about how to File a Consumer Forum complaint.
i have used this blog link and have sent a mail to Executive Leadership team of Airtel for 2 months of Billing issues. Like you said, its not about hating a particular company but the fact that they treat their customers like Prisoners with their services is what is bothering. i have been a very good customer of Airtel and they call me a Platinum customer and it sounds like a JOKE to me now after month and half of haggling with them !! to add, i have 5 numbers which my family uses under my name and yet this is the kind of pathetic service they have to provide.
Kudos to you for the Post and i will seek help from yourself if i require. if its ok with you, i will forward the mail i sent to yourself to have a look and any help in taking this forward with Airtel from your end would be more than helpful.
Again, thank you for taking the time and helping Humanity 🙂
Thanks and Regards
Pradeep Herle
Mohammed Junaid says
Sub: Issue with TV cable connection with ‘In Digital’
Hi Team,
By Saturday night my family informed me that they unable to watch TV since 3:00 PM, as the cable connection is disconnected, saying ‘contact Customer Care’. I tried calling operator / Cutomer care and i found no help. Please do the needful.
Operator: In Digital – Bangalore
Regards,
Mohammed Junaid
Ph: 09902784486
videv says
Dear,
There is no team or govt sitting on this side taking up and working on people’s consumer complaints. I am just giving information through this website so people who care enough to fight for their rights know where to start, and then have a good chance of success. I am there to guide you along the way if you want to file a consumer complaint, BUT I CAN’T do it on your behalf. It’s not even legally possible as I am not an affected party, you are.
thanks for coming by,
vivek
Sumana says
Dear Videv,
Excellent blog. You have rightly said that consumers are being treated as “Prisoners” and now its the time to fight back for justice.
I have been cheated by Airtel and I am planning to file a complaint in consumer forum.
Could you please let me know if we have option to file the case online?
Regards,
Sumana
videv says
Nope. You can buy tickets and pay bills online, but courts do not function online (except I have heard using video-conferencing based evidence in special circumstances) and consumer forum is also a court.
I am guiding one more person who has filed case against Airtel (DTH). Anyone who wants to file against Airtel has my support, it’s nothing personal… I continue to use their services (because moving to another may not be permanent solution either), but won’t let them act like they are the lords.
satish kumar mishra says
dear sir /madam
my self satish mishra i m a travel agent at dickenson road bangalore..i got froud with some oneof a flight tickt ..i hv puted a complain at ulsoor policestation,,,but they are not taking care of my case,,,so pls suggest me wht i do,,to get my money back..pls contact me 7899691404…,,
Anil Deveshwar says
Dear Vivek
It is truely inspiring and and motivational to read your blog. I must admit and compliment you, for your excellent flair of writing and choice of thought process. You are a very good writer !! Please write some more about the consumer court issues and panasonic issue. It may come handy in the future, if not now.
We also share the same viewpoint as you on the Aam Aadmi Party.
Kind regards
Anil Deveshwar
Ravindra Shanbhag says
Hi Sir,
Greetings for the day. Thank you for sharing your experience through this website.
I bought my phone Nokia Lumia 720 on 3/11/2013 which had one year manufacturing warranty.
Submitted to Nokia care on 30/10/2014 for service without submitting the warranty. Because I had no warranty card with me while submitting the phone for service. On 11/18/2014 I found my warranty card which got expired on 3/11/2014. On 11/17/2014 I got a call from a Nokia care saying that service charge would be more than 85% of mobile price. However, mobile is still in the custody of Nokia care.
Is there any chance of getting refunded with these dates.
Submitted to service on 30/10/14 without warranty. But warranty expired on 3/11/2014. (3 days after submitting the mobile for service).
Mobile is in the custody of Nokia care till today. (Which is yet be serviced).
Regards,
Ravindra.
videv says
As I understand, you thought it was not under warranty so you gave it for paid service rather than warranty fix.
Since they accepted the phone before warranty period was over, even though you were unaware it could still go in your favour. Being unaware is not the most important thing, they haven’t fixed it so far so now they are bound to fix it under warranty if they took it for service before warranty was over. But it seems that you tried to search for warranty card only after they said bill will cost 85% of cost of phone!
Most important is to check what date and other details were written on the receipt/acknowledgment given to you on 30/10/2014 when they had taken your phone. Does it say in writing that warranty card not attached, or original bill not shown when giving phone for service?. In any case many service centres these days check for bill rather than warranty card.
They can say in their defence that if you give the phone without bill/warranty card, how are they supposed to know. But it’s a weak argument.
To actually get the relief depends on your powers of persuasion, and also their assessment of threat perception :-). You can even decide to pay the charges now, but file consumer court complaint later to recover it. But do inform them about this course of action.