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.
I travelled by Indigo airlines on 13 & 15 Feb 15 from Bengaluru to Delhi & back. My onward journey was uneventful. But, while returning back, at the airport I realized that I had selected 15 Mar 15 instead of 15 Feb 15 by mistake. I had done booking on Armed forces concession. Immediately, I approached the Indigo customer care desk for help.
The employee at the desk (who was rude and merciless) charged me Rs.9822 for change of date/month which generally cost Rs. 1500-2000. She refused to give Armed forces concession to me on which I had already done the booking. She told me to decide between standing there like a dumbo or board the aircraft by paying whatever she said. Finally, I took the ticket at her mercy by paying exorbitant amount. Inside the flight I found, almost 10 seats vacant. It means that the flight was not even booked completely.
Indigo Company doesn’t pay any money to customers for the delay or cancellation of their flights. How then they can charge exorbitant and unfair amount from a customer who has as such opted for low fair flight due to the fare advantage?
I am ready to pay the genuine charges for the wrong date selection. But charging almost Rs.10000 is actually an example of merciless looting being done by the private airline companies.
Any advice?
Let me get this right. If you or anyone book for 15th Mar on discount fare, and then want to change it to 15th Feb and still expect the same discount, then if the airlines extended this facility to every customer, they will soon go bankrupt! The mistake in booking was entirely yours it seems. I have never done a change in travel date, but I really doubt it will allow one to advance travel date by 1 month right up to the day of travel itself! Their business models will collapse because near dates are far more expensive than far dates. But feel free to read their terms and conditions in detail if you want to whether you find something which fits your kind of scenario.
Whether armed forces concession is applicable or not on changed ticket, I am not sure. You can read their terms etc on website.
hi sir a few months back i was using airtel postpaid connection after settling last bill i have ported to idea prepaid 2 months back after using two months of idea service now airtel people is telling me to clear the bill amount of 384 Rs and my incoming and outgoing is bard i visited idea outlet and asked who bard my incoming and outgoing they said airtel so i visited airtel outlet they said you have to pay the 384 rs to unbard i asked them how long it will take to active my incoming and outgoing they(airtel) said it will take a maximum of 4 hours i paid the bill amount even after 2 days they didnt active my service i dont have any number to call airtel or idea i called airtel costumer care they said call idea costumer care and idea is telling airtel should active airtel is telling idea should active i have called each costumer care more then 10 times at last idea is telling me you have to submit your documents again they said my connection is disconnected permanently i am a working women working in a night shift i dont have other number for more then 2 weeks how can idea disconnect my connection permanently ask documents again i am sick of calling them and now they are making me roam around the service centers in call idea said even after submitting documents it will take 4 to 5 days. please gave me a suggestion what to do?
As per technical implementation of MNP in India, most likely it is based on central database of ported numbers. In that case, Airtel will not be able to block your calls.
http://en.wikipedia.org/wiki/Mobile_number_portability#Technical_details
http://electronicsforu.com/newelectronics/circuitarchives/view_article.asp?sno=1071&title%20=%20How+is+Mobile+Number+Portability+Achieved&id=11282&article_type=8
But I am not sure if indeed it is implemented using central database or the Donor operator(Airtel) is also involved.
Check if TRAI has a complaint option. You can complain against both airtel and idea. If not, then consumer complaint is the only option, and I suggest to ask for heavy compensation. In the meantime though, you may have to use another number.
Hello Videv,
i have filed one complain against an opposite party called jubilan retail. The first hearing has been done, and the 2nd hearing scheduled in near future, but the problem is – at that day i ll not be available because i ll be travelling. whether my absence in 2nd hearing can cause any damage to my case??
Please reply. Thanks in Advance.
Only 1 hearing missed will not lead to decision against you, but in consumer courts speed is considered more important (than other courts) so missing more than 1 hearing continuously could be bad and decision may be taken ex-parte against you. You being complainant it means your complaint dismissed. You could open fresh complaint probably later giving reasons, but the same situation may again arise as now.
Alternative is to hire a lawyer if you think you may miss many. You may hire lawyer only for administrative work like attending court.
Thanks videv for your valuable suggestion.
If i would like to hire an advocate, what would be his/her fee in Bangalore??
I haven’t hired myself any advocate for consumer court. Given the low amount of work involved, it should be lesser than civil or other cases.
Hello videv,
The opposite party now wants to settle the case outside the court. They agreed upon refunding the money. now i wants to withdraw the case against them, how can i withdraw the case?? plz suggest.
Out of court settlement can be done in front of the court by both parties signing on order sheet of court. It means no one won or lost the case, the settlement terms are between the parties no one else has to know about it as far as I know.
Hi Vivek / Sarfaraz
What was the complaint against Jubliant Retail ?
The complain is against their retail branch called Total super store, old airport road, Bangalore. They delivered corrupted sofa upon taking full money and refused to refund money.
Hello videv ,
Three hearing of district consumer forum has happened, but the opposite party has not attended any of them. They simply not attending the hearing. what should i do now?
Judge has to go to next stage, or impose heavy cost on OP because of your time wastage.
Also, if they don’t appear at all, case can be decided ex-parte against them.
I bought land 300 square yards(plot) , As per paper everything is good( document, EC), Once I went to check plot physically , There is no plot, So I asked to him(Who sale to me), Please hand over plot or give to me my money back, He is not responding any thing, what should I do, can I go consumer court, Is it related consumer case, How long take to get judgment favor to me, Please advise
If you buy anything from a property developer or builder, it is surely covered under consumer court since there are many judgments regarding that scenario.
But if the seller is another individual, I am not sure if consumer act is applicable, since it becomes an individual to individual transaction than individual purchasing from business.
Civil case can definitely be filed. Maybe even criminal case depending on details, but criminal case is to punish the person, not sure if you can recover the money using that. How long it takes, I think we can read the newspapers to see.
Hello sir, I am thankful for your post. It’s really helpful for us. My case is simple, I paid my hathway broadband rentals they didn’t give connection. I have tried the methods you said in beginning. Now I want to file case. The matter is about 1000rs rental, but they made me miss my classes and mentally humiliated. That’s why i have decided to file a case. Please let me know how can I ask for compensation . will be waiting for your reply. Thank you
You can give the details of mental harassment etc, with specific dates /times etc; and ask for 20-30K as compensation for that.
Hi,
I bought furniture from a vendor in an Exhibition, because I was not happy with the quality I asked them to take it back. they only took a portion of it since they found a major issue with the furniture. I insisted to pay back the amount. They have given atleast 6 dates in last two months that they will pay the amount. many times they stop taking the call. Lately, I went to police station where this party were called, they agreed to pay amount but not full as they mentioned there is a transport charge and a part of material is still with me. The part of material I have been insisting them to take it with them from begining and I have some audio recording of our conversation and also on mails and messages but they are not taking that and now they don’t want to pay the full amount for this reason. They have already sold the furniture to a third party.
I have gone through a psychological stress because of this for last 2 months and I want to know couple of things here:
1. Can I do a case for psychological harassment as they have just been giving dates from last two months and interim times stop taking calls and lately they want to pay only a partial amount. What is the claim I can make on this ground
2. I believe they should return back the whole amount as there was a problem at their end where they gave me a faulty product, but they want to give only a partial amount, is this right thing to do?
Let me also know what according to you is the best way to pursue on this. I am based out of Bangalore
Thanks,
Gaurav
Yes. you can claim compensation /penalty for psychological harassment. Min 20-30K should be put in complaint apart from the claim amount.
There is only one way, you have to file the complaint at district forum, cauvery bhavan as given in my post, and you could use the template too.
Thanks for your response to my case against Royal Builders. Just one small clarification. In your opinion, would referring and handing over the case to CORE be a viable alternative to my pursuing the case myself in the Consumer Court? If, later on, I am not happy with their handling of the case, can I take over the case myself or file a separate complaint direct with the Consumer Forum? Thanks again for your time.
CORE is kind of helpful govt body to forward people’s complaints to companies; but they don’t have any powers of consumer court. Mostly they were helpful in minor issues of billing, refund etc except I stopped going there when their complaint submission form always gave “server busy” type of error.
For complaint against builder, you will need to approach consumer forum.
Hi.. My name is Manjunath residing in Bangalore. I have invested some huge amt of money ~30Lakhs in purchasing the sites from one of the builders. Later I came to know that the sites are being sold for couple of people. Builder is telling its by mistake it got overlapped with couple of customers and started showing us diff sites located remotely. Since we were not interested with his offers we told him to give back the money what we had paid. Now since for more than 1 year i am behind them to get my money back and they keep telling they dont enough funds to pay back..
Pls help me.. How do i deal with this
You can approach consumer court, I think State forum jurisdiction applicable for > 1 lakh upto 1 crore. Read Consumer protection rules on same site for details
Thanks for the response.. If am approaching Consumer court any idea how long it would take to close this case?
And how much I can claim the compensation?
I have experience of only 2 cases of my own. But expect not less than 6 months since it’s a builder case. If you win, they may appeal but it can only delay the eventual outcome, I don’t see how they can win.
Compensation should be what you feel is justified for the harassment, loss of interest on funds and funds themselves, time lost in court etc. Apart from interest cost, I will add min 1-4 lakh as compensation.
Thanks Videv… Thanks for your response. I will try fileing the case in cosumer court and will share my experiences on the same..
Regards
_Manju
I purchased a 2bhk flat at Kengeri, Bangalore from a Mr Mallikarjun, proprietor of Royal Properties, at a lump sum price which was arrived at after some negotiation and based on the premise that the building would be ready for occupation by 31st December 2014. I had some misgivings at the time that the builder would deliver on his promise of timely possession. In order to seal the deal, the builder agreed that he would pay me a monthly rental of Rs.15000 p.m. in the event that he was unable to give me possession of the flat by Dec 31 2014. I have a signed letter from the builder to that effect. We are now into February and there is still no sign of completion of the project which may take anything from 3 to 6 months more. Worse, Mr. Mallikarjun has taken to avoiding meeting me or taking my calls. Two emails and a letter have gone unanswered and there is no sign of the promised payment of Rs.15000 p.m. On the other hand, some alterations I had asked for in my flat are being charged for at twice the market rate.
I need your specific response to the follg points:
1. The lump sum amount was paid at the start of the project in December 2013 in order to obtain a better deal in terms of total sale price. As stated, the price was negotiated on the firm understanding that the flat would be ready for possession by December 2014. Every month’s delay adds to my cost by way of interest lost. For the builder, the reverse is true – every month’s delay gives him more time to enjoy an interest free deposit payment.
2. In order to secure my interests better, I insisted on registering the Agreement at the start and the builder complied. However, since the building was still under construction, he said he could not include the penal clause re payment of rental for every month’s delayed possession in the Agreement itself. He gave a separate letter to that effect bearing his Company’s rubber stamp and his signature. The important point here is: Is a separate letter legally binding on the builder and can I hold him to his promise in a court of law?
I would appreciate your response in some detail as I propose to file a case in the consumer court.
Thanks.
Shyamsunder Vajpey
Separate letter will definitely have legal binding. Check the details that it refers clearly to the property in question. I have seen builders allotting parking lots based on a one page document printed on a letterhead. Now it may not be on stamp paper, but that can be corrected by paying nominal fee at time of filing civil suit, as far as my limited legal knowledge goes.
You can file consumer complaint giving all above details along with copy of letter. Keep original to be submitted at evidence time.
Apart from interest, demand at least 50K as penalty on builder. If the overall amount crosses 100K, then it may be taken only in state forum, you can call up consumer forum office Cauvery bhavan (numbers given in post or google) and ask them about it. Maybe a visit may also help.
Hi Vivek
Once again I need your guidance. Please find below email which I have just sent to the Chief cliam officer picked up this email address from Northern Railways website. Kind regards
Vivek for easy reference , please find below the refund rules for E tickets:
“Cancellation of e-Tickets after the preparation of Reservation charts:
For Normal User:- E-ticket cannot be cancelled after chart preparation. Users are requested to use the online TDR filing for such cases and track Status of the refund case through tracking service provided by IRCTC. TDR can be filed as per Railway rules:
No refund of fare shall be admissible on e-ticket having confirmed reservation in case the request for refund is filed online after two hours of the actual departure of the train.
No refund of fare shall be admissible on RAC e-tickets in case the request for refund is filed online after three hours of the actual departure of the train.
In case on a party e-ticket or a family e-ticket issued for travel of more than one person, some persons have confirmed reservation and others are on the list of RAC and waiting list, then in case of passengers on RAC or waitlisted not travelling, a certificate has to be obtained from the ticket checking staff to that effect and refund of fare shall be processed online through TDR, indicating the details of the certificate issued by ticket checking staff.
For filing online TDR, select ‘File Ticket Deposit Receipt (TDR)’ from menu ‘Services’. For the ticket booked at old site, select ‘Old Transaction History’ from menu ‘My Transactions’ and after getting the password verified select ‘File TDR’ link in the left panel under the “My Transactions” menu. IRCTC will forward the claim to Concerned Railways to process the refund and money of refund amount will be credited back to same account through which payment was made after receiving the same from the concerned Railways. For any other clarifications please mail to etickets@irctc.co.in
******************************************************************************************
To: ccondcr@nr.railnet.gov.in, cco_ndcr@claims.indianrail.gov.in
Subject: TDR: Reason for Repudiate is incorrect,
Namaskar !!
I booked two E tickets from myself and wife under 2 AC and 3 AC respectively for a journey on 2 January 2015 from Trivandrum to Hazrat Nizamuddin.
The details are as below
I booked 3 AC E ticket for two passengers myself and wife. Transaction ID 100000110195292 on 3 November 2014 which was on waiting list. Therefore to be on the safer side I also booked a 2 AC E ticket, Transaction ID 100000112778192 on 7 November 2014.which was also on the waiting list.
The date of journey was 2 January 2015 by Trivandrum Rajdhani at 19.15 hrs. On 2 Jan 2015 at 17.10 hrs approx the chart got prepared and it reflected RAC status on both 3 AC and 2AC. Therefore, I and wife decided to travelled in 2 AC and I filed the TDR for the 3AC E ticket on 17:34:04 HRS (as reflecting on IRCTC) under transaction ID 100000110195292 with the reason “Passenger Not Travelled Due To Ticket In RAC After Chart Preparation.”
Today 29 Jan 2015 I found that the refund amount Rs 6530 is rejected
“Reason: As per chart Passenger travelled ”
Reason For TDR: Passenger Not Travelled Due To Ticket In RAC After Chart Preparation.
Reason for Repudiate TDR: As per chart, passenger has travelled.
I want to state passengers (Anil & Jyoti) travelled in 2 AC, coach A1 BERTH 1 & 2.and have not travelled in 3 AC coach as stated by Northern Railways in the Reason for Repudiate TDR.
Please refund Re- check your records and refund Rs 6520 at the earliest.
Thank you
Anil Deveshwar
9990588815
You can call their toll free number in the TDR confirmation email you might have got, or check their website. It might be genuine mistake.
Hi Vivek,
After repeated unsuccessful attempt with email support of IRCTC. I finally approached Northern railways Head office on 11 Feb 2015 and met the senior official ACM refund and handed over my detailed application/ complaint with screen shots proof of e- Tickets and took the receiving stamp from her. She assured it is a error/ mischief by TTE and I should get my money in 14 days. She kept her word and after 14 days and I got a SMS today Rs 6450 has been credited to my bank account.
Thank you !!
I also handed over the copy of complaint /documents to Chief Vigilance Officer Baroda House so that corrective measures are taken to stop this malpractices with other fellow train travellers. Hopefully they will take some disciplinary / remedial measure to prevent this happening with others travellers
.
If there is no action from them for many days, then you can follow up with RTI to ask about status of your complaint. Definitely they will take action after RTI.
I called the consumer forum number they asked me to go to civil court
Maybe it doesn’t fit their definition. You can try to draft complaint, make draft of Rs 100 and go to Cauvery bhavan 8th floor and try to file there. If they still refuse, then civil court is the only option which can take many years to resolve the case as far as I know.
Sir,
Thank you for the information and your website. My landlord is delaying paying of my deposit amount.
I paid 35,000 Rs, I stayed for two months but he did not put a basin and platform in kitchen as previously agreed, so I left, he said I need give 2 months notice, so I said cut rent of two more months and return me the rest, it has been 4 months the room has been taken on rent by someone else, still he keeps saying he will return the amount, but does not.
Can I approach consumer forum
Hello,
I am a Tata Docomo customer living in Bangalore.On 09-01-2015 I went to a retailer at Murugeshapalya,Bangalore.He showed me a Tata Docomo brouchure for January 2015 where for Rs 447 data service of 1GB for 3 months (Total 3GB of 3G data) can be availed from Tata Docomo.My mobile number for that service is 8904879322.I paid Rs 447 to the retailer for the said services.After coming home I connected to internet I consumed about 16MB.If Tata Docomo had accepted the plan it could have taken 16MB from the 1GB quota for the present month.
Instead they have recharged to my main(voice ) account and deducted about Rs 160(At Rs 10/MB data).They say the retailer recharged through 3rd party web site and they can NOT give the 3GB benefit.My argument is the retailer is an agent of TataDocomo.The reahrge amount uniquely decides the plan.They should refund the amount.I have complained national consumer help line.in.No action so for from them.
V.Muralidharan
Voice cell:+918792698646
If recharge amount uniquely decides the plan, then tata docomo can be liable. Else the retailer may be liable for a mistake on his part.
Retailer may be agent of tata docomo but the company may not be liable for his mistakes. Usually if you deal with company employee then company is definitely liable. But in case of retailers it’s not that clear.
Did your receipt (hope you have one) say recharge for 3G plan. IF yes, then even company can be made liable, or you can put both of them as Opposite Parties, and let them sort it out between themselves as to who is liable to pay up.
Appreciate your great work in opening up eyes of some companies in there flaw works to the public. I also have one similar problem that would like to share and seek your opinion.
I like to highlight the bad experience in purchasing the Ciaz When I and my friend went to book Ciaz we saw the display car Ciaz ZXI at Mandovi showroom Basaveshwarnagar Bangalore We asked the sales personal and the Manager incharge that we need to book fully loaded Ciaz So based on our request the Manager informed us that the fully loaded is Ciaz ZXI plus When we enquired the difference between ZXI plus and ZXI it was specifically listed that in ZXI plus Fully loaded we will be given 16inch Alloy wheel Steering cover Additional leather seat cover Chromium beeding for all the windows and touch screen Audio system with GPRS So with this we went on to book two fully loaded Ciaz The price for the fully loaded was quoted at Rs1091000 Even in the booking file it was clearly written as fully loaded CIAZ ZXI plus After few days we were informed to arrange for the payment as both our vehicle has been
dispatched from Delhi to Bangalore So when we went to pay our cheques we were informed that for the fully loaded Ciaz touch screen and GPRS will not be given and also the vehicle that we have booked is ZXI Optional and is not ZXI plus It was also mentioned that the touch screen with GPRS will come in a new model called ZXI plus which will be released in 2015 At this point the Manager informed that the
price has been reduced and the revised price is Rs1088600 It was shocking to hear this and when we discussed with the Manager incharge they did admit that there was miscommunication We had written to Maruti to address this issue on why the fully loaded vehicle ZXI plus OR ZXI OPTIONAL is not given the touch screen and GPRS feature.
We think that this is like short changing the customers To our best of knowledge fully loaded vehicle must have all the features and that should be the high end model We did even told the Manager incharge that we should be given a reduction of the value of the system touch screen and GPRS I also would like to highlight that in this particular issue the Manager and his staff had promptly disseminated the information that were given to them during the training from Maruti So we requested Maruti to look into the issue where and what actually caused this issue. In fact, we were also given a handwritten showing the comparison between the features of various models of CIAZ and also compared to Honda, Hyundai, etc.
But to our surprise the reply from South India office personal of Maruti replied its a miscommunication and Maruti cannot compensate nor provide the feature that is not yet launched. But now two days before Maruti has launched the new Model ZXI (Plus) with the ONLY added feature of GPRS with touch screen compared to the ZXI (Optional).
With the above I request your goodself advice whether we can complaint to Consumer forum on the above shortchange by Maruti.
Thanks for reading and appreciate your support.
Not clear whether you purchased the car or not. Whether you paid any money? Whether there was any delay in return of booking amount?
If no transaction happened, then from your story I don’t see much cause for consumer complaint. It could be genuine miscommunication or some such thing between Maruti and their dealer.
Yes, we have purchased two cars ZXI (Optional) which Maruti claimed is the fully loaded with all the features that i have mentioned in my previous email. Recently Maruti has launched one more model ZXI+ which has the fifth feature ( GPRS with touch screen) that was not given to us in ZXI (Optional). So, according to us during the booking the fully loaded model was to be given with all features but Maruti shortchanged us by excluding the GPRS with touch screen.
Hello Videv,
Amazing work with your blog! Could you guide me on what can I do on the cheating and treachery by a apparel store in Rajouri Garden, New Delhi.
I had visited the store on 13th Jan.2015, which stocks heavy dresses (lehengas, suites, saris and bridal dresses etc.,) for various occasions, as I was looking for a lehenga, for my upcoming wedding. We were asked for our budget and when we told them the range, we were shown a couple of pieces. The salesman there, who does not let the customer talk, showed us one lehenga, which we liked..
That lehenga has an off-white/cream/beige sort of a lehenga, costing Rs.25,000/-, with very fine and neat embroidery work on it. And the velvet choli also had full embroidery, both in the front and on the back. Also, the velvet on the choli and on the border of the lehenga, had a lot of neatness and tautness to it. When I tried the piece out, it looked very elegant. When I asked the salesman if I could take a picture of the same, he refused, saying we do NOT permit photography.
The choli was black in color (black velvet). Since I could not pick a black choli for my wedding (given some families have strict traditional norms around it), I said I will not be able to take it. But the salesman said, that is not an issue, as they keep pieces for reference, and get the exact lehenga made in any desired color. He said he has a big factory and some 400 ‘karigars’, who work to get some exquisite pieces done, He also showed us the shade card, and asked us to pick any color.
After repeated assurances he said they get the exact stuff made, and infact better it than the sample pieces as it has to be really worn (and not just for sample). I chose a magenta color for the choli and asked him to keep everything else (lehenga color, embroidery on lehenga and choli, border etc.,) the same as in the sample. He said that is their job and it would be exactly same, just the choli in magenta color. He then called the tailor to take the measurements, and told me that they have made a note of all measurements.
He told us he would deliver the same on 24th Jan.2015. We told him we do not have too much time, as the wedding is on 5th Feb’2015, and that he needs to be deliver it promptly, which he agreed to. Infact he asked us to call him on 23rd Jan, as it might get ready on 23rd itself. He asked us to pay an initial deposit of Rs.10,000/-, which we promptly did.
When we called him on the 23rd Jan, he was utterly confused on which lehenga we were talking about and behaved as if he does not even know we had a lehenga on order. HE said your lehenga was blue/black etc., and what are you talking about. Then he said he remembered which one we are talking about and kept flipping back and forth. Then he said, he will call us and let us know. Then he called in the evening and said the lehenga will be arriving around 7pm on 24th Jan.
So, we promptly went all the way to the store in Rajouri Garden. Looking at us, he again gave a blank look, and when we showed him the receipt, he said, the lehenga is on its way (which had apparently already come the last evening per his phone call). Then after making us wait, he took out a shabby lehenga from the bundle. That lehenga, looked no where even close to what we had ordered.
He asked me to try it on, and when i did, the choli was too tight. When the same tailor was called, he re-took my measurement and said that the stitched choli was a good 2.5inches tighter. How can a custom-made dress, which is supposed to be made by one’s measurements, be tight by 2.5 inches (half an inch here and there is expected and acceptable). Moreover, the embroidery on the choli was minimal (against what was shown to us), and the embroidery on the lehenga was totally different, shabby and unlikeble. The border on the lehenga was not the same and there was no finesse at all. The color of the dupatta also did not match the lehenga. Infact the color of the lehenga was also not the same. It almost made brown, instead of the original, cream base. All in all, firstly, it looked nothing like what was shown to us, and secondly this one did not even look worth paying Rs25,000/- for, unlike the sample piece.
When we raised our concern, they started misbehaving, that this is exactly what was shown. When we asked them to get that piece, they said, its no longer available. And then they started saying, show us the picture of the sample, and we will show you that it is the same, whereas they themselves had refused to allow us taking a photo. And as always, again the same salesman, this time joined by the owner of the store, did not even let us talk, and said you will have to take this one only.
With the shabby work, a size which cannot be made when measurements are taken, really poor outcome and shameless salesman and unprofessional service, we asked for the refund of our money (Rs. 10,000/-) which they refused.
I am now stuck in such a limbo. My wedding is on the 5th of Feb. I yet have no lehenga. I cannot really pay up Rs. 15,000/- more for a shag and ruin my wedding, and I am unable to get my advance back too. The store has nothing to lose, coz they anyway have Rs. 10,000/- and also the product with them. And ofcourse, they will surely sell it it off to some other customer, for another complete Rs.25,000/- (or if not anything if they price it even for Rs.15,000, and other customer will happily take it for that price, whereas they would still have made the complete Rs. 25,000/- out of it).
The store has lost nothing but the customer is left with nothing. The scenario today has made life difficult for the customer and the store owner is always smiling and making hay.
Please advice on what can be done. I want my the refund of my advance.
Sorry about the long post. But I have been really harrowed and really need my hard-earned money back.
Thanks,
Ritu
My guess is you would have by now made alternative arrangement for wedding dress etc.
Now about your lehenga order, my guess is the receipt shows the amount paid and not much else, like shade/sample of cloth etc. That makes it difficult to know what were the materials to be used in the order.
My suggestion is to file complaint to recover the 10K plus 50 K as penalty at least, and let them know once that if they don’t refund the full 10K immediately you will approach consumer forum in Delhi and ask for that much at least.
With your meticulous details, my guess is writing a complaint will not be difficult for you. The time limitation for filing complaint is 2 years, so you need not do it immediately but I suggest not to wait for more than few months. Have a happy wedding!
Hello Videv,
Many thanks for your prompt response. Seeing your response am feeling hopeful of recovering atleast the advance of 10K back, if not penalty for causing harassment. Yes, I spent the complete day yesterday looking out for a dress (this time determined on no ordering business – anyway time was also too short for it and my experience will never let me get into ordering anything ever again). I managed to find a ready-made one – given for alterations though (Hope they don’t make a fool out of me).
As you rightly said, the receipt indeed only has the amount and advance paid. HE did not let us click a picture of the lehenga and did not mention any shade/sample of cloth etc., on the receipt. When we asked him for it, he said we never do it this way, its our job and we do it everyday. So, obviously we could’nt have insisted more and left it on trust – our biggest mistake, I guess. But, obviously, I have the pictures of the final product he showed us on 25th jan. And infact I have pictures of the new one we bought yesterday for ~22K/-. Its is for anyone to see and can compare the pictures and themselves say if what he is giving us, can he really ask for that value. It looks so cheap and shabby and zilch for the price he is demanding for that. No one will pay even 5K for it – thats for anyone to see and tell. There is a limit to cheating.
This will be my first experience with any such consumer filing (even though I have been cheated before, but never really complained coz I was always told its a very tedious process and not worth it. But this time, the amount of loss, and the nature of harassment is completely unacceptable). Could you please guide me on the process of complaint filing in Delhi. How and where should I file a complaint on. Does this need to be directly done in some court. Does it need a lawyer. Is there a format for it? Who/where do i need to file the complaint to?. How about approaching organizations such as Core, Jago grahak jago etc.? Are they helpful?
Would request you to guide me with the process, and if possible (I hope I am not asking for too much here) please hand-hold me, atleast with the first few initial steps.
Would be very obliged for all your guidance here.
Thanks, Ritu
I can do handholding if you are willing to be the guinea pig 🙂
I will need to check information about Delhi consumer forum and let you know. One person from Gurgaon has file complaint in Delhi based on comments and replies on this post, so it shouldn’t be that difficult. Meanwhile, try to open complain on both Core, and NCH (national consumer helpline). If it works out there itself, well and good. If it doesn’t, you will have another proof that you approached these govt departments but the retailer didn’t refund still.
Thanks Videv. I am ready to be the guinea pig as long as I can get my advance back 🙂
I have filed online complaints on CORE and NCH. How long do you think, these complaints get addressed in (do they get addressed at all, as is with most government departments?). Is there a way I can follow-up on these complaints or just wait and watch.
In the meanwhile, I will also await to hear from you on the complaint filing process in Delhi.
Thanks, Ritu
Hello Videv,
Thanks for all your guidance until date. Have you been able to figure out the complaint filing process in Delhi. How do I go about having the fraud addressed and have my advance money refunded.
Awaiting your inputs.
Thanks, Ritu
I have it in plan to write a full post on how to file consumer complaint in Delhi, hopefully within another week.
Thanks a lot Videv.
I’ll look forward to your post. Could you please also send me the link of the same on my email “write.to.rg4@gmail.com” incase I happen not to know when you publish it.
Thanks, Ritu
Hello Videv,
Many thanks for post on filing a complaint in consumer forum in Delhi. I have decided to file the complaint, as complaints filed on Core and NCH have not helped in any way. I have begun to draft the complaint. However I have a concern on how will I prove my case since I do not have any evidence (photos of original product displayed) against the retail store. All I have is a copy of the bill indicating the advance, a bad review written by one consumer for that store on JustDial, and photos of the final dress (the quality of which visibly does not justify the price quoted). The retailer may always argue that the final dress was what was initially shown. Being the complainant, we will have no proof to refute his claim, whereas the onus to prove our charges will be on us and we will not be able to prove that the final product delivered was of sub-standard quality and no where close to the displayed dress.
Also, irrespective of the initial dress, the final dress did not look worst of even Rs. 5000, let alone being charged for Rs.23,900. The wedding dress that I finally picked from Meena Bazaar costed Rs.21500, and looked way much better in quality and look compared to the shabby stuff they are offering. Can that comparison work, or is it subject to interpretation.
Based on your experiences, do you see any positive outcome of my filing the case based on my arguments. Or this could just be a case of wasted efforts and further loss of money and efforts.
Thanks, Ritu
Replied by email
Dear sir,
Recently i left my laptop in a reparing shop and i has been 2 months already but i havent got back my laptop.when i contact them they said that they will give it back but when i come back they always say tomorrow and so on.I think they have lost my laptop.But when i enquire about that they always say to come tommorow.So should i file a complant.I have a recept of my laptop reparing.
Thank you
arjun
Of course you can file complaint
Hi Videv,
Thanks for sharing your knowledge.
I have a complaint against SBI and I want to file a consumer complaint in a District Forum in Odisha.
I have taken an educational loan from SBI which was mottgaged against our house. Due to delay in repayment they have initiated SARFAESI proceedings against us and subsequently we repaid the loan fully.
Now I want to make a consumer complaint against them as there were many defeciency in service and unfair trade practice they did. a few of them are as follows:
1) They sent me many statements and notices which was full of errors. When I pointed those errors they sent me another calculation sheet and said the all the earlier statements and notices were wrong.
2) They also mentioned this error was on bank part at the time of migrating my account from one system to another system.
3) They have sent me a notice on my wedding day 13-02-2013 where it was mentioned that the loan was NPA by around Rs.1.25 lakhs and subsequently by June 2013 we repad much around double the NPA amount quoted in this notice but they said it was an error the entire amount was due to be paid as the tenure is already expired.
4) When I sent query mails to the branch, in one of the query mail the branch manager mentioned that I have sent virus without any proof or investigation at their end.
I have all these information in written mail correspondence.
I wanted your advise on how to proceed on this case. Any tips from your end would be very helpful.
Thanks,
Sandeep
sandeep.ink@gmail.com
As I understand, the errors committed by them were not the main reason for your non-payment of loan. So their initiation of sarfasei proceedings was not in error.
For the other points, you can file complaint based on that but it will be more about technical or clerical errors, which many many companies do either deliberately or as a studied incompetence, because they know they can get out of it but customers are their prisoners. You have to prove how much hardship you went through and ask for compensation based on that.
Whether they sent notice on wedding day or not is emotional stuff. It would be hard to prove they somehow found out your wedding day and arranged for notice to be delivered same day! However it could carry weight if you were not a defaulter at all and the notice was totally wrong.
Sorry for troubling you again.
Just to give you some more clarity, we have already repaid the loan fully and the SARFAESI is over now.
My point is law is equal for everybody and as it was their right to initiate SARFAESI proceeding we have also the right to initiate consumer case after repayment for all the injustice done to us.
With regards to visiting on my wedding day, I have a written communication from branch where it was mentioned that they visited our home but I and my father (also the co-borrower) was busy with my wedding ceremony. So, it will not be very hard to prove that they have intentionally come to my home on that day to serve the notice. Moreove, after repaying the NPA amount as per the notice received they said the amount mentioned was wrong and proceeded with the SARFAESI proceedings which is clearly not a fair trade practice.
Also as I read on the BCSBI fair practice code, banks should double check the amount before sending any recovery notice.
Based on these facts I want to file a consumer case in the district forum.
Kindly advise.
Thanks,
Sandeep
If they started recovery proceeding after full repayment, you can file consumer complaint. That by itself should be enough. It’s basically harassment.
Hello Deveshwar,
Let me first thank you for your great effort. Please be aware that people visit your site when they are really in “deep ****” and you are just fabulous. Another equally great work is that you impart knowledge instead of give skewed info that benefits lawyers. So its a really great help.
I would like to take your opinion regarding bouncing of cheques. I had 10 cheques given by a builder. However, they all bounced. When I contacted the builder, they gave me a promise on company’s letter-head that the money will be given on the following days either in DD/cash.
My concern is that they shamelessly flounted the cheque and there is nothing stopping them that they might not do it again. However, I feel constrained to wait till the dates of actual money deliverance comes. Can you please suggest me if, I have any other option.
My concern is that the builder may wrap up his work and leave and there is little that I can do.
Thanks for reading it.
Regards,
Ashish
In theory, they can be in jail for 2 years and pay double the penalty under Sec 138 of Negotiable instruments act. However all the steps need to be followed first if you want to pursue that route like sending written notice, wait for 15 days etc etc.
Bare Act: http://indiankanoon.org/doc/1823824/
With description and comments:
http://www.vakilno1.com/legal-faq/dishonour-of-cheque-section-138-of-the-negotiable-instruments-act.html
Though I read something that an SC judgment has made it a rule to file Sec 138 case where the cheque was drawn. It may have implications in your case, you need to confirm which bank location the cheque is drawn on.
http://timesofindia.indiatimes.com/india/Recovering-cheque-bounce-money-to-get-more-tedious/articleshow/39904683.cms
Finally there are 40 lakh number of cases pending under Sec 138 alone. That shows no matter what laws are made, people remain stuck.
http://www.deccanchronicle.com/140720/business-latest/article/when-cheques-bounce-india
Such a case can also be filed in civil court for recovery of dues.
I could not find much on consumer court cases for cheque bounces, but you can try it out if the need arises. Maybe call up their Cauvery bhavan office and ask them if a consumer case can be filed to recover dues not paid. I don’t see a reason why it shouldn’t be possible, but don’t have to time to do more detailed reading.
Hi videv,
It is great to see you not just take the fair and right cause but also facilitating so many people to do so.
I was recently robbed of rs. 50,000 by a builder and would want to mention what I have done and also to verify I am down the right path.
I had booked an apartment by paying a booking amount of rs 2 Lacs, and signed a booking agreement which had a statement saying cancellation in whatever regard would result in deduction of Rs. 50000 and the remaining amount returned in 30 days.
After a week of doing this I had received the draft sale and construction agreement to go through and sign. On going through I noticed that Occupation Certificate(OC) will not be issued at the time of Possession. (If you need details on what is an OC, the recent court orders against builders pertaining to OC, I would be happy to share the same.)
When I approached the builder they told that they cant commit when the OC will be given. Since OC is needed to legally occupy the apartment I had asked them saying that pls. mention the time by which the OC will be given, and also asked without this document how can you claim that possession will be given by Dec 2016.
I also mentioned that I need a clause saying that if OC is not issued by a particular date, I would want the right to be able to cancel the apartment and get a full refund. This is to protect me from the ever so popular drastic delays that we hear of from lots of builders.
The builder did not agree to any of this and so I had cancelled the apartment. As per the booking form the builder had to issue refund within 30 days, but they refunded after 70 days and that too, 150,000 as per the booking form.
I talked to them saying they cant force me to break the law by deducting 50,000 and also asked them to refund this amount since the reason for cancellation was mistakes purely from their end. I asked them if the government does not issue OC then in what right you are claiming to have completed the project and how can you claim in all the web sites and marketing material saying possession by dec 2016.
As they did not budge I went to a consumer forum i.e. Akosha who tried by sending them emails. What resulted was at this time the issue was escalated to higher level in the builders and the person from the builders had mentioned that they are right as per the booking form, i.e. the same old story. He also conveniently ignored the delay in payment which was also a violation of the booking form.
Now I would be approaching the consumer court after sending them a written notice.
I have mail communication of all the exchanges.
DO u think I should proceed with the course of action I have taken and what are the chances of my winning in this? Do u want to suggest something that I could do?
Also should I claim something more than 50K?
Please Help!
I don’t know the latest info about OC etc, but I assume you have done the homework about it’s importance. If there are laws or judgments which say that no builder can claim to have give possession without OC, then your case is very strong.
1. Based on that, your main point would be not mentioning about OC in the first booking form. They have hidden important information and your consent on any contract which doesn’t have vital information is a consent obtained by misrepresentation, since any reasonable man would expect that an OC is part and parcel of obtaining possession of apartment. I don’t have the technical words for this but this is one of the important points of Contract law.
2. Delay of payment can be additional point, which will add value to your complaint (and interest costs) but it is not the main point to claim the 50K they have kept.
>>As they did not budge I went to a consumer forum i.e. Akosha who tried by sending them emails
Akosha is not a consumer forum. They are just a private intermediary business who take some fees I think Rs 500 to raise complaints on customers’ behalf. If it works for some people, well and good.
>>Also should I claim something more than 50K?
That’s just the basic amount they withheld. You need to add at least 50 K above that as penalty/harassment. 1 lakh is limit for district forum. Since builders do this routinely, I suspect they be ready with legal delays and such tactics if you do file complaint. But I don’t see any hassle except for 5-10 hearings. If they appeal to higher court, I can’t say but that will be foolish and main intention is only to delay and harass. That’s a possibility too. I don’t have any data about cases against builders yet.
Usually consumer courts are very strict about delays and everything gets done based on written affidavit/arguments so there is no need for engaging a lawyer either if you can take few hours off from work. Else you can engage a lawyer at nominal fees for administrative work, but make sure to prepare all the affidavits /evidence documents etc yourselves.
Thanks videv.
Here are a few links and judgements which are to this effect.
http://bangalore.citizenmatters.in/articles/getting-occupancy-certificate-is-builder-s-responsibility
http://timesofindia.indiatimes.com/india/Bombay-HC-Illegal-to-move-into-property-without-occupation-certificate/articleshow/24454390.cms
I will go forward with the course of action.
Thanks again.
Yes. The SC judgment mentioned in first article will have you covered.
http://indiankanoon.org/doc/1048731/?type=print
Hi Deveshwar
Can I file a consumer case in Bangalore for a product I have purchased from Ebay India? They do not seem to have an office in Bangalore, but registered address says the office is in Maharashtra. I had purchased some Chocolates from one of the seller in EBAY, but he had sent me chocolates which had dried up and in a very bad condition. When I took this to ebay, they gives me the tape recorded message that since its not past its expiry, we can’t help, even though I had provided pics comparing good chocolates I had in my stock vs the ones seller had sent.
Can I file a case for this in Bangalore consumer forum? Also, how long before they call for a hearing?
Thanks!
Regards
Deepak
Filing complaint against ebay is not a problem even if they are in Maharashtra.
If well within expiry date and if the packaging was not tampered or broken, then in this case manufacturer is liable. Yes, even chocolates need to be manufactured! You can file in bangalore if you want to. They will call within 7-10 days of filing, and after that expect anywhere from 2-9 months as my guess.
Hi Videv
Thanks! I have already registered a complaint on National Consumer Helpline couple of days back and today I have sent a mail to Nestle as well keeping ebay in loop.
Thanks a lot for making the process of filing a consumer complaint a lot clearer on your page, you do inspire us to fight for our rights :).
Regards
Deepak
sir,
i have ordered one HCl laptop through snapdeal on 26th nov 2014 and it reached to me on 29th nov 2014 through javas courier and then i gave rs 22990 to courier person as shown on snapdeal site.when i opened the laptop i saw it is an defective laptop then i contacted to snapdeal they told that you have warranty card and bring a jobsheet/DOA(death on arrival )certificate from snapdeal then i told them why should i go to hcl service center then they told you have to bring that,then i searched internate for hcl service center and i contacted them but they all were showing unnable to connect then i tried to visit their adress but there were no office/service center.i tried to visit 3 place as it was showing in internate but i did not found any.i told all the story to snap deal they told all the numbers are working.
they used to give the same numbers as in the internate.snapdeal also gave me a personeel no of a person in the name of hcl service center no.i tried to mail and call every day regarding my problem but they were telling the same word we are apologize for the same and we are working for the same.then i tried to the number below to the laptop and then hcl costumer care person send a person to see the laptop and he found that its mother board is not working and he also suggested me that better to exchange though it is new laptop.then he gave me a jobsheet for the defective laptop and i scanned it put it on help@snapdeal.com and they send me massage that please fill the NEFT form where i have given IFSC code of my bank, name of mine and account no.after that they told me our courier partner JV EXPRESS person will come and will take the laptop from you and after reaching the product to us we will do a quality check of the product and will send you confirmation whether to return/replacement.i produced the product to the JV EXPRESS PERSON and he gave me a slip on 23rd nov2014.now courier person is telling that they have delivered the product to jv express delhi on 27th nov and he gave me a no to contact them,when i contacted their manager she told it has not came ,it may come today/tomorrow and we will deliver the same date but she is also not responding to my call. SNAPDEAL also not responding to my call since from 17 days and its replying to my mail only and sends the same mail at every time.in the meanwhile i also tried to visit the place snapdeal office by searching it through internate but there were no office there on the address,the security of the same place told me that snapdeal office was their 1 year ago but now they have shifted some where else.
now suggest me what should i do though it has already been 1 month that i am suffering from the problem.delivery date:29th nov 2014 .i have been harassed mentally ,physically for searching the areas and financially.
i hope you will guide me for this and suggest me what to do??
From what I could make out, if laptop motherboard has the problem, then HCL is liable to fix or replace it.
But if snapdeal promised in writing that they will replace it or refund, then they are liable to refund. You can file complaint based on courier receipt. I am assuming that you followed the steps as suggested by snapdeal themselves.
Dear Sir,
On 13 sept 2014 I gave my Panasonic T21 Smartphone for servicing to Panasonic Service Centre for headset jack issue. My phone is within warranty term of one year and the issue is covered under the terms. At the time of submitting the phone for servicing, service centre people told me that the jack port needs to be replaced and they will be sending the phone to Head office(New Delhi) for part replacement and it will take 10 days. After 10 days when I contacted them they said the phone has not come from HQ and it will take another 10 days. and same thing repeated next time as well. So on 10 Oct I contacted the Panasonic Customer Care asked about the status of my job sheet number, the CSR said the service centre has asked for replacement of the part and same was sent on 16 Oct to them, which CSR confirmed later on 16 oct. The Panasonic CSR said that I can go and collect the phone after 2 days i.e by 18 oct. On 25 oct I went to ask for my phone, the service centre said that the phone will be ready by 28 oct however when I went on 31 Oct, I was given similar reply that phone is not ready and will be ready by evening, even in the evening it was not ready. On 1 Nov 2014, I got a call from the service centre stating that there is problem in phone’s mother board. So I sent an email and formally raised a complaint to Panasonic Customer Care and I recently received an email from Panasonic stating that my phone is ready and I can go and collect the same, however when I called the service centre they say phone is not ready.
So even 110 days after submitting the phone I’m yet to receive the phone. I have the service request details for backups and after reading your suggestions in your post I also have e-mail proofs about raising the issue with Panasonic and their response. Now, I’m seriously considering to approach Consumer forum for getting my phone back and also getting the service centre pay for harassment.
I wanted to know the strength of my case and also any suggestion I should keep in consideration while going ahead with filling of case in consumer forum.
Thank you,
Sanjay
I have 1 good experience with Panasonic company when in year 2000 they had replaced my TV even though warranty was over technically. For my last year’s consumer court case in different issue, they hadn’t replied to my letters but settled out of court immediately upon filing the court complaint. So in comparison it was much better than the hard time given by ‘smart’ guys at flipkart in another case.
Now if phone is pending service since almost 4 months, that by itself is deficiency of service, and informing wrongly multiple times adds to that basic issue. I think the case is very good, add at least 20-30 K as legal costs + harassment + penalty amount etc. Because in courts, you don’t get what you don’t ask for. If you ask for only the costs incurred e.g. say 3K, then that’s what you will get but if you have to go 10 times to court it’s not worth the time and effort. No one can predict whether you have to go 2 times or 10 times, so better to assume it will be 10 times and ask for a cost to cover that. That may also incentivize the OP to settle it out of court within 2 hearings rather than dragging it just to harass you.
Hi Dev,
As per above suggestion I filed a case in Dist. Consumer Forum, blr. I need some more clarification regarding my case. In my case there are 2 Opposite Parties (OP) one being from New Delhi (Panasonic Co.) and their warranty terms states that “The Warranty is issued at New Delhi, and courts at New Delhi shall have exclusive jurisdiction over matters covered or following from this warranty”. I want to ask you, can we initiate legal action against the Panasonic (OP2) in Bangalore? Also, I received an SMS today from Panasonic stating that they will dispatch my handset within 3-4 days from Delhi to service centre in Bangalore. In that case, should I take the handset delivery since I already filed a case and I sought a new handset as a relief from the court? From the SMS it seems the fault was from Panasonic since they were not dispatching the handset to service centre, in that scenario what would be the culpability of service centre (OP1) in deformity in service?
Looking forward to your guidance.
Thank you,
Sanjay
Sir
i had booked tickets from Bbubneshwar to jaipur on 26.12.2014 for travel on 16.04.2015 on via.com. the website showed lowest fare of Rs. 7064.66 for two tickets. I booked them. again i check for avalability of tickets this time they showed Rs.7748 for two tickets. i again booked these tickets. in total i need 6 tickets. two ticket was booked by goibibo.com
At 4pm the lady from that site call me and said that the airlines has increased its fare so i have to deposit the extra amonut of Rs. 6000 for these tickets ^6000 for each transaction)
she told me either i should pay the difference amount or they will return me the whole money. I refused for this.
at 6 pm a lady again rang me up and said that for two tickets she will give me an alternate date of 13.04.2014. i again refused it.
on saturday and sunday i didnot receive any call from there side and my tickets are not confirmed( tickeys book through goibibo.com were confirmed and i received the pnr for travel
what shoud i do now. should i take my money and cancel my booking or pay them extra money to confirm tickets or file a case in consumer court.
please guide me
thanks
I am not sure how many websites you have used to book the tickets.
Going strictly by each site’s terms and conditions, if you received a confirmation number/PNR or whatever else they call it after payment confirmation, then the ticket is considered final. If it was provisional and you don’t have written proof by email, screenshot then they may be right. It’s not sufficient details for me to comment on. You can judge it yourselves.
Hi,
Thanks for the post really helpful I want to file a consumer case against Country Vacation they lured and cheated me a good amount of 1.5 lakh, can you please tell me if there is any difference if your claim value is more than 1 lakh.
The process of filing and the various steps will be exactly same. The main difference is > 1 lakh upto 5 lakh lies in State consumer forum. Also the draft fees may be higher but it is nominal anyway. Read the Consumer Protection Rules post for details.
Dear Sir/Madam
Last Month I.e., Nov 5th 14. i have taken loan Rs. 45000/- (Forty Five Thousand Only) form Indian Overseas Bank, Bommanahalli Branch, Bangalore – 560068. and my salary account was in that same bank only. before taking a loan they ask me to produce some documents i.e., salary slip, company id proof and company HR letter and 2 guarantor.
Now I got a opportunity in some other company and have resigned my present company. company people are saying that, before leaving the company you should clear all the bank dues. whateevr u have taken from bank.
i told them yes i will clear all my dues after getting my salary but company people will not accept this. since my salary will be credit the same bank.
now the thing is IOB bank people Blocked my account without any information and i am unable to do the transaction.
Kindly advise me that, how to go further. ia there any legal action have to take.
Main thing to see is that when you took the loan was it approved by giving some consideration to your salary account with same bank?
Most probably it was. It reduces the risk for the bank too since they know how much is being deposited by way of salary every month and so they know your financial situation. A loan should be a loan but since your company HR letter was given to bank, it may mean they have probably an arrangement with the company to make it easier for employees to get loans.
If you want to go full legal, then read your terms of employment in detail to see if it has any terms or conditions related to loans taken by you. My guess is it may not have such specific things. However if they have extended a facility to employees to get easier loans, then it is best not to abuse it and pay up before you get full settlement from company.
Regarding IOB, read the terms and conditions of loan. Usually bank has no business to block the account if you are paying EMI/interest on the due dates. You can complain to banking ombudsman about this.
I see main problem as IOB and only secondary as the company who want to dance to IOB’s tune for whatever reasons, maybe genuine but I can’t say for sure.
If the terms say that loan was given only till person employed with specific company and is payable in full upon leaving the company, then you have no recourse and you may have wasted my time also!
I have ordered a bean bag from snapdeal website on 02-12-14(online) , I have received only deadlines i:e the dates given by Snapdeal was 12th,18th,24th of december 2014 but still I have not received the consignment till today.If I call up Snapdeal customer care they are blaming Courier people (E COMM Courier ) that several attempts have been made by them it turned out to be unsuccessful so the consignment has been returned If call up E Comm courier people they are saying that the product has been recalled back by Snapdeal on 8th Dec 2014,please hepl me out (I have made the payment through online)
Once in a while every online seller is going to put customers into these kind of situations.
Unfortunately, as of now there is no special regulatory agency to deal with such mundane issues about refunds etc, which is probably why these online sellers take it casually hoping the person will just hang around for few more weeks and do nothing. Not that I am a fan of adding regulatory agencies and bureaucracy into govt!
Your choice is to complain to national consumer helpline, failing which consumer court. My guess is give it few weeks, they are not denying it’s just that they are incompetent to handle the refund in timely manner.
While I was browsing snap deal website on 17th Dec 2014 I found a product Apple Ipad mini 16GB for Rs 449 & I had ordered the same online and payment was done immediately using by debit card(HDFC) . Instantly I received a confirmation email about the order acceptance and dispatch date with will be 18th Dec 2014.
On 18th Dec 2014 i checked the online status and they had postponed the delivery date to 23rd Dec 2014.
On 23rd Dec 2014 i received the sms about the order cancellation. When i called up customer care they said that due to technical issue the pricing was updated wrongly. But when i asked them about the delay in informing the same they did not give any reason .
Below are my queries,
1) On 21st Dec 2014 i had called the snap deal customer care & they check the status and confirmed me that order is in procurement status .
2) If snap deal said its due to technical issue wrong pricing has happened why the order was not instantly cancelled .
3) Snap deal confirmed that Refund will be done after 4-5 days, so snap deal has my money with them more than 10 days for no reason.
On the same day Iphone 5S was put on sale for Rs432 …Its not possible to buy a branded product at lowest price. They are trying to cheat people by giving wrong offers and misleading people and collecting money from them.
This is interest to stop the fraud against the customers by snap deal.
I have the proof of screen shot , email & call recording(customer care) about the order details from snapdeal.com.
Let’s be clear about specific issue you have yourselves. Whether they are cheating 1000 other customers, those customers can file their own complaints if they want to. That’s how the law operates too.
I understand your issue is they promised something, took money, and later gave excuse it was a typo in price! A very lame excuse in my opinion, to come from a site which will be selling probably crores of goods every day. Their subsequent behaviour also doesn’t show it was a technical mistake.
I will say good enough case to proceed with consumer complaint. Give it minimum 4-5 hearings and 6 months time, so ask for 20-30000 as compensation at the least, else they may take lightly. The proofs you have should be good enough. What you get in the end depends a lot on how you fight it out. Most of the people are emotional in the beginning but don’t have patience to file a complaint and see it through till the logical end.
Hi Videv,
Thanks for your suggestion … i have raised the same concern in National consumer Help line and awaiting their response.
I will get back to you once i have the specifics from snapdeal.
Really appreciate your suggestions.
Hemanth
Hello,
I want to know if my situation constitutes a case , if yes, what should i do.
I am working in a bangalore and staying in a rented flat, now i was searching for new flat on rent to stay near my office.
I came across an advertisement in common floor, i saw the flat, contacted the owner (he lives in Mumbai).
and i told him that i will take it.
He sent me a mail on my mail id asking for a token amount so that he blocks the flat for me.I transferred 10,000 to his account (his wife’s account).
After a few days, i found out that the facilities given in the advertisement were not all present in the society , also there were a lot of complaints from the residents too.
So i called him after around 6 days and i said, i won’t be able to take up the flat, sorry for your inconvenience and gave him the reason that i am traveling to onsite so i had to cancel the shifting plan.
He said, this is not right, and i will not return the money.
Now, i told him this is my hard earned money sir how can you not return it. He said, i will see if for 10 days if no one takes the flat in these 10 days i will not return. (this was on 15th Dec).
Now i called him after that but he didn’t pick up ,neither he replies to my messages.
I have the emails, call logs and messages that i have sent.
Please let me know what should i do??
thanks for your help..
It may constitute a valid complaint to consumer court. The only problem with such rental/lease situations is that there is lot of “he said, I said” kind of arguments and I have not been able to decipher even one of them where unequivocally a point could be found in favour of complainant.
In your case too, the exact words in the emails etc will matter. Did he say the blocking amount is refundable or not? Did he do any favour to you by blocking? (That is more of his point to prove actually).
>>and gave him the reason that i am traveling to onsite so i had to cancel the shifting plan.
Not a very great reason in my opinion because he also lost opportunity by blocking it for you!
Hi Vivek,
Thank you so much for your reply, i have the emails and there is nothing mentioned that the amount is non refundable.
He did block the house for me, but the facilities that were mentioned in the ad were not all present in the apartment premises.
I offered to pay for his advertisement cost again.i agree i may not have given a good reason to not shift, but i had no option, i tried to make sure that he refunds the amount.
Because otherwise he could claim that why didn’t i check before i opted for his house.
this all happened within a time frame of one week.
Do you think anything here goes in my favour. He didn’t even say it was non refundable.
I have the emails.
I can’t just let go of my hard earned money 🙁
Thanks,
Natwar
Whether it is hard earned money or money won in a lottery, it’s all the same since in then end it’s just money. It’s an emotional appeal at best.
I don’t know why you didn’t tell him the straight reason that the flat didn’t have the facilities mentioned in advt. That should be the best and very valid reason to get full refund. In fact he should be paying you for wasting your time and taking your money too!
Hi Vivek,
Could you suggest what should i do next? or should i just forget about it.i have been sending him messages everyday, he doesn’t reply.
Thanks,
Natwar
Your fundamental mistake in my opinion was to give a lame excuse about shifting abroad or whatever you said rather than the real reason. With that being done, it’s very difficult unless you make a complete volte-face and admit the real reason, and actually file a complaint to recover dues. But then you will have to convince the court too about why the story went the way it went. It’s going to be a little bit of drama than pure facts.
Hi Vivek
I have a comparsion for you, to enlighten me which will be best in terms of SEO and pricing part, but SEO is primary concern. As discussed with you previously my requirement is to make a personel website about my teaching/ coaching profile. Please guide. Or you may have any other suggestion.
The comparion is between:
Airtel website builder Standard pack at Rs 250/ month or Rs 3000/year. Pls see the services they are offering with this pack in the web-link below:
https://www.airtelwebsitebuilder.com/tariff.htm
And WordPress premium services: at $99 year 0R Rs 6200/ year with following offerings
Free site!
A custom domain
Advanced customization
No premium themes included
Store dozens of videos
13 GB of space
No Ads
Direct Email support
https://wordpress.com/website/?source=googleIndia&campaign=hsb&gclid=COSmrISDxcICFRcQjgoddpIAGQ
Thank you!!
anil
I prefer Self hosted WordPress, and with Yoast plugin SEO gets taken care of. Contact Form 7 etc can be used to allow people to email you from website. These plugins are all free. If you lock into initial discount it may cost 4-5 USD /month for first 2-3 years. Usually they increase prices after few years and I am already thinking of moving onto a discount host once again since it costs 15/month now.
The wordpress.com is their service which I haven’t used, but it seems it has some restrictions: Following is a comparison of free wordpress.com which says no plugins allowed. I am not sure if premium version allows plugins or not, but if not it’s not good.
Airtel website builder is a joke, with 5 page limit. Add 1 contact page, few pages about your services and you hit the limit!
http://www.wpbeginner.com/beginners-guide/self-hosted-wordpress-org-vs-free-wordpress-com-infograph/
Just did a quick check for my own hosting, and these seem to be reasonably cheap. Even at full price they will be better than wordpress.com premium and lot more flexible. You can lock in rate of USD 4/month or less for 1 or 2 years in many plans.
http://www.bluehost.com/web-hosting/signup
Full price: https://my.bluehost.com/hosting/help/price
https://www.hostgator.in/apps/wordpress-hosting
https://secure1.inmotionhosting.com/new_inor/choose_package.php?indfdwm=1&sb1w=yes&package=50&remind=40
Bless you Bhai !! I will go into details of the sites you have suggested !!
Hi Videv,
First of all, kudos to you for writing this blog & summarizing everything at one place.
Thank you for taking the time to write this for your fellow citizens.
I am based out of Bangalore. My issue is with Malindo Airlines. I had taken a transit flight from Langkawi to Kuala Lumpur en route to Kochi. My checked-in luggage was mishandled and not received at the Kochi airport. On realizing this, they gave me a written complaint letter with all the details & assured me that it will be couriered to my address in Bangalore. 3 days since, I am yet to receive my baggage.
When I called up the airlines today, they informed me that the baggage has arrived at Kochi & they are now shamelessly asking me to come down to Kochi to collect my baggage without any reimbursement & not even ready to send my luggage back to Bangalore at their own cost.
I have filed an online complaint at the National Consumer Helpline after reading your post. What else should I do? Please suggest.
Regards,
Subhadeep
Did they say in writing it will be couriered to Bangalore?
Probably not, but even then it seems very fishy that a company engaged in transporting people and luggage wants someone to travel down to pick up luggage which was misplaced by the airline in the first place!
You can wait for NCH to get back, and if that doesn’t work OR if they take too much time you can approach consumer court. Make sure to add at least 20-25 K above the cost of luggage and contents as compensation to demand in your complaint. Because I am seeing that without it (or maybe even then) the companies may not take it seriously. I am yet to recover my dues from flipkart, maybe because I didn’t add enough amount as compensation. That will also compensate you for time/lawyer in case it drags on for many hearings.
Rs.6344.81 has been charged to my ICICI Bank Credit Card on 23/09/2014.
The name of the merchant is Exxonmobil,Jamaica. This is unauthorized transaction and i never traveled to this country so far.
I raised a complaint with ICICI Bank vide SR341100769.They sent a letter dated 17/10/2014 to my address to submit the photocopies of my credit card and passport along with complaint copy to the nearest ICICI Bank branch. I submitted the requested documents on 28/10/2014 to Electronics City, Bangalore branch of ICICI Bank.
But ICICI Bank has closed the above service request without any resolution saying that they have not received the requested documents.
The credit card was in my control during the disputed transaction took place.
Again i sent an email to the customer care of ICICI Bank with all the supporting documents but they have not resolved the issue.
Please suggest me whether it is good to proceed to the consumer court for the resolution.
Such banking related complaints can be resolved by complaining to banking ombudsman. I have mentioned it in Alternatives to consumer court post.
Hi Vivek,
I quit my organization, & had last working day 74 days ago.
I was told that the the F&F settlement would be done in 45-60 days.
I have been following up with them since last 15 odd days, & I still get a reply that the settlement is under process.
Its a huge Public Listed MNC.
I’ve already written to VP HR, & VP Finance.
How long do I need to wait? Will consumer court be the right solution here?
Need your guidance on this.
Thanks.
Sourabh
It’s not a consumer matter.
If it was a govt PSU you could have easily filed RTI to get status.
Maybe try ‘sharing’ their treatment of ex-employees on facebook and social media. As long as it’s truthful, it doesn’t attract defamation.
Final option is civil court case.
Hi Sir
Good Evening !!!
My concern is: I have booked a flight ticket in September, 2014 from Bangalore to Visakhapatnam for 11th Dec, 2014 and the carrier name is Spice Jet. I got a confirmation email & message from the vendor. Today (06/12/2014) around 7:30 pm i got an email and text stating that, your flight got canceled due to operational reasons and please call to customer care for alternative arrangements. So, i followed and called to customer and they told we got flight on 13th Dec and not before that. So, they gave me an option to travel to Hyderabad and Rajahmundry at the same cost. As my presence in Visakhapatnam on 11th is very important i had to say yes for Rajahmundry. So from Rajahmundry i am travelling via train to Visakhapatnam.
Actual Ticket Cost to Visakhapatnam from Bengaluru: Rs 2700+ which is being settled for Rajahmundry.
I am now ending paying more than the actual ticket cost of Rs 2700+. I am paying an extra of Rs 900/- for transit from Rajahmundry Airport to Railway Station. And for train from to Visakhapatnam i am paying Rs 358/-. Apart from this, i am taking an extra leave from office on cost of LOP (Loss on Pay) and in-directly it will effect my Appraisal.
This whole fiasco made me mentally upset and even my parents who are in their late 50’s had to suffer due to this mentally.
Sir, now please advice how should i go ahead and what is the procedure. I need your help for this.
Regards
Sridhar P
+91-8884554343
You can read the terms of cancellation of flight. If they have done what they promise in the event of cancellation, that’s where it should end.
In your specific case, they offered an alternative and you took it because of schedule. Did you protest about it or ask them for the extra travel cost at that time? If yes, you could approach consumer court.
On the other hand, if their liability was to provide another flight and they did, then their case is strong on that count.
Loss of pay etc is going too much into consequential things. But travel cost is something you could focus on.
>> This whole fiasco made me mentally upset and even my parents who are in their late 50′s had to suffer due to this mentally.
If they were not passengers on flight, then the mental upset etc may not be very strong grounds. If the cancellation was beyond their control, then airline can also say all our employees were mentally upset because of flight cancellation, extra work, overtime and so on!
Hi Vivek
I read the times of India titled ” Forced to pay Rs8 more, man gets Rs6k backClick to teach Gmail this conversation is important.”which states as ” In a lesson to the hotel and resturarent industry, the district consumer disputes redressal forumhas ruled that service charge has no legal backing, directing a cafe to pay Rs 3000 to resident of kharar in Punjab for overcharging him Rs 8.19. The state consumer disputes redressal commsion has earlier ordered the Cafe to pay Rs 3,000 to the complainant for levying service charge that the UT has declared illegalafter TOI had highlighted how eateries were fleecing customers through it in a slew of articles from August. Gurdeep Singh complained of unfair trade practise by Amalgamated Bean Cofee Trading Co Ltd owing to illegal collection of money as service charge.”
I am unable to pull up the weblink from the google search. however, I have asked the news correspondent Kamini.mehta@timesgroup to provide the weblink she may access to, as a TOI employee.
In gurgaon (I am sure in banglore also) these eateries charge Servvice tax + vat. Can we file a case in this as well !!
Thanks
anil
I got the web-link:
http://timesofindia.indiatimes.com/city/chandigarh/123-yr-old-pays-Rs-8-extra-earns-Rs-6000-from-cafe/articleshow/45266056.cms
Yes. I have seen this service charge being applied in upmarket restaurants.
I have seen it’s a practice in full serviced restaurants in foreign countries, not sure if it’s required by law there. Maybe they are applying it here to earn more revenues. Probably it’s not even being paid to the waiters.
I think all price should be in front of the food/beverage item. Not sure if there is a law for it or not. If it’s in the footnotes, there’s a strong case to complain in consumer court. Because most restaurants do not charge these service charge mentioned in footnotes, so how is a consumer to know the charges unless he/she reads a menu like a legal document! It’s just a deceptive practice, but I guess people feel proud in paying more than complaining so the show goes on.
It may be possible…
1. One has to read the relevant laws applicable to restaurants, eateries type of establishments.
2. Find what service charges, taxes are applicable to each type.
3. Find the category of the establishment question from where you have the bill, whether it is eatery/restaurant/5 star etc. The bill should mention the breakup of the charges. Check if any of the charges on bill is not applicable as per the rules for that category of restaurant/eatery.
4. If so, file complaint to licensing authority of establishment, most likely the municipal authority.
5. Complaint may also be filed to service tax, commercial tax authorities. Most likely the establishment is charging tax but not paying it and pocketing it. But this is a tangential thing since the establishment is not supposed to charge in first place, so it’s in category of fraud on customers rather than on tax authorities.
6. File consumer court complaint. That’s another option or can be done in parallel.
I had bought a flat in Paramount Pilatus, Survey # 45/2 & 45/3, Arekere, Opp. to Shantinikethan Layout, Off Bannerghatta Road,Bangalore – 560 076 from Mr. Mahaveer Ranka in March 2013. He is managing director of Paramount Vijetha Holdings Private Limited. He had promised me to get the flat registered but did not notify there is a legal case going against the property. I had made all the payments to the builder but Loan amount Rs 28,00,000 approved from HDFC Limited is not yet handed over to the builder. He had handed over me the flat possession but property is not getting registered since than. Even after multiple calls and follow ups, builder is unable to register the flat due to court case between its partners. Request you to kindly help me and suggest the way forward.
Your case can be a complex issue, but such issues are quite common place I think. His promise has no legal validity if it was only verbal (caveats apply of course). If it’s in sale agreement, and there is specific clause that he has to pay penalty if not registered by so and so date, then your case can be very strong. But even otherwise, some terms can be implied that the registration cannot be postponed indefinitely.
Otherwise, it will go into contract law and may get covered by consumer court too. It requires detailed reading of terms so you should contact an advocate.
Before meeting the advocate, you can do some basic homework by reading other news about builder related issues. I won’t go by any advocate unless he is able to explain the issues involved, and both strong and weak points, because merely filing case (either civil or consumer court) doesn’t require much application of mind. That’s just administrative work.
There are many judgments on builder related cases if you search the net. E.g. one below says an investor in real estate can’t be called a consumer.
http://timesofindia.indiatimes.com/city/mumbai/Consumer-protection-is-for-consumers-not-commerce/articleshow/27761685.cms
Dear Sir/Madam,
I have recently bought a water purifier from Reliance Digital (Malleswaram – Mantri Mall) worth of Rs. 7000.00
Its more than 15 days nobody (technician) came for installation even after multiple complaints (toll free number), every time they use to tell give me one day time we will come back and close it. But there was no replay from them till now.
Exactly after 15 days later, I went to the same shop for complaining once again that time they said within one day we will send the technician and install it.
Immediate next day, technician came to our house when he opened the box he observed that one item is missing in it. then he said, sir i will give the complaint to the stores they will provide that item within one day and on the same day i will come and install. Its more than 3 days now nobody has turned up.
I would like to know, can i file a complaint against the supplier in consumer court?
Comment had gone into spam. Lucky it was found before emptying the whole folder.
Such a situation is unfortunately due to lax standards of professionalism in India. I had to get a washing machine repair which took 25 days, and many phone calls. It’s IFB. They are so thick skinned even threat of consumer case doesn’t bother them much!
Coming back, of course the option to file consumer complaint is open to you. Whether it will be worth it is for you to decide. I suggest add at least 5-15 K as penalty/compensation by way of harassment + legal costs.
Hi
After reading few posts here, I am excited that I/We have options to get justice. Here is briefly our case and need your advice.
We are staying in an apartment in HSR layout for last 3 years, recently we came to know that builder has not paid the BWSSB+Kaveri deposit amount and whatever Drainage connection we have is procured by builder by paying some money to some people in BWSSB office, it is an un-official, under the carpet connection. While asking for receipt from him regarding the payment to BWSSB, he is not providing it but claims that he has paid his part and the amount asked by BWSSB has to be borne by us (Apartment owners).
We are in a situation that Builder and BWSSB together are putting pressure on us to pay up this 50Lacs Rs amount where as we all residents have paid more than 1 Cr rs to builder at the time of purchase for exactly same reason.
What options do we have ? Multiple talks, begging with builder has not helped us.
1. Shall we go to consumer forum individually or as an association (We have registered association).
2. Is there a way for us to stop BWSSB from dis-connecting this connection (This does not exist in their record) and dis-connection is done by plumber level guys on instruction from builder and some BWSSB boses.
3. Any experience lawyer who can negotiate on our behalf with Builder/BWSSB and failing which help us get justice ?
Yes. This happens probably often. Something similar happened in my apartment too … but I am not aware of the details. People were not even contemplating approaching consumer court.
I doubt the money is ever paid legally to BWSSB. A relatively simple and effective way is to file RTI on BWSSB and ask to get copy of the payments/receipts/sanction letters/documents etc made between BWSSB and builder. Then watch the fun! Suggest to file different RTIs for different documents. RTI Info is already on this site.
>>begging with builder has not helped us.
Begging for what’s your right is a symptom of the root cause, which is that honest people are afraid of approaching the courts and using the law in India.
>> 1. Shall we go to consumer forum individually or as an association (We have registered association).
Individually should definitely be possible if each person’s agreement mentions about BWSSB payment as part of the overall payment made. Depending on amount paid the forum will vary from district (less than 1 lakh) to state forum (less than 5 lakh).
Regarding association filing a consumer case, I am not too sure. There are 2 things: whether the contract is between association and builder, or individuals and builder about BWSSB? Secondly, whether association can be deemed a consumer as per Consumer Protection Act. I doubt either of conditions are true but it is going more into legal definitions and technicalities and I don’t have the time to read up all that. Full Act is given on the site too. Previous judgments can be google searched, if you don’t find anything where association has filed case against builder in consumer court, then it is unlikely.
>> 2. Is there a way for us to stop BWSSB from dis-connecting this connection
Maybe approaching high court or something like that to get a stay order.
>> 3. Any experience lawyer who can negotiate on our behalf with Builder/BWSSB and failing which help us get justice ?
It’s not really a negotiation matter. But filing a case is what advocates do all the time. Suggest to meet a few and then decide.
One option is to pay the money to BWSSB (to avoid disconnection), and then recover it from builder either through consumer court or civil suit. Maybe even association can do it rather than individuals, you can check with a lawyer.
Thank you for your quick response. I appreciate your work ..
Found a useful point from consumer protection act
(b) “complainant” means –
1[(iv) one or more consumers, where there are numerous consumers having the same interest;]
Which means all of the residents can file a common consumer complaint against builder if they want to.
Hi Vivek.. This is w..r.t non-repayment of advance amount by a Builder in Bangalore
M/s Goel Ganga and I signed an agreement to buy a 2BHK apartment in their Ganga Vertica project in Electronic City, Bangalore. Based on the initial agreement, I paid them an amount of Rs 10.50 lakhs, after which I went for a loan process with a private bank. The bank asked for specific documentation to approve the loan and the builder was unable to provide the same. As i wanted to process my loan through the specified bank (which the bank refused due the builder’s inability to provide requisite documentation), I cancelled the apartment booking. As per the agreement, the advance amount was to have been returned to me by the builder. However even after a few months of follow-up, the builder is refusing to respond to my mails or return my money.
Pls suggest how best to take this case up in the consumer court.
Thanks
Ashok
It’s a fit case. This is not a new thing, just the ‘standard’ builder professionalism followed in India where people sometimes have to run after builders to get back their own money! And generally the honest people seem to be more afraid of the law in India.
The process and template is already given. The process given is actually for district consumer forum (upto 1 lakh). Upto 5 lakh case goes to State consumer forum, and above that lies in National consumer forum. I am not sure whether the principal amount of 10.5 lakh + interest + penalty decides the jurisdiction or just the penalty amount, so you can call the district forum number given in post to confirm about this.
Hi Vivek.. I have filed the case against this builder in the consumer forum and they have asked me to appear in the court with 4 copies of the complaint details, on 30th Dec. I guess this would be seek case details. Typically when would they summon the builder to appear in court pls? Just wanted to understand what the next steps would be and also if I we would need to take anything additionally to the court as proofs. Thanks for your support!
Ashok
Not sure why they need 4 copies now that the complaint is already admitted. Usually they ask for 4 copies to be given at time of filing.
The process is:
1. Filing of complaint (at Cauvery Bhawan 8th floor, the administrative office). Usually they ask for 4 copies, 1 for themselves, 1 to OP, 1 for court. Make sure to keep 1 for yourself too to carry to court etc.
2. First date given to complainant to appear in specific court (e.g. 3rd Additional consumer forum at Cunningham Road in my 2 cases)
3. Complainant appears in court and judge asks for brief of the complaint. If judge is satisfied, the complaint is admitted and OP (Opposite Party) is sent a notice of complaint (from one of the 4 copies you submitted in step 1). Standard time is 30 days I think.
4. On next date OP appears and then the trial may start, with your evidence, followed by OP evidence, followed by arguments, and then order.
5. The OP may not appear and the judge may give 1-2 more dates, and if OP still doesn’t appear you will be asked to submit your evidence and give arguments and case gets decided ex-parte. This actually happened for my case against Flipkart.
These steps should suffice for now. I will make new posts sometime about how to file execution petition etc but that’s not relevant for your case right now.
Thanks for the revert, Vivek. They have asked me to appear in Malleswaram. And yes – they had already taken four copies when i submitted the complaint. Not sure why they need 4 more but will carry them all the same. One query though – will we be able to explain the complaint to the court in English or will it have to be in Kannada? thanks again!
Ashok
Practically most of the work gets done in English. But Kannada is a state/court language too so no one can be stopped from drafting complaint in that either.
You can re-confirm next date of hearing before leaving, that’s the most important thing.
Hi Videv,
I had ordered Dell Venue 7 tablet in snapdeal priced 10000 on Oct 16th. Till date i have not recieved the product at all. Bluedart courier quotes they are unable to trace the product and snapdeal is not ready to refund until they get the product back from bluedart. I am in no where situation now. Snapdeal is taking blood out of us. They dont have proper toll free customer care, each and every time we end up dialing to a delhi number (I am from Bangalore) and they make us to wait nearly for 20-25 mins without any resolution. Status update is still showing as In transit and delievred by nov 6th. They dont have any process at all. It was not my mistake that courier guys misses the product and Snapdeal cannot say that they cannot refund until they geths the product back. They quote faster delivery, 7 days replacement which is false. Will i get refund for this and also even after recieveing the product ( Just in case if surprise happens)can i still be eligible to lodge a complaint as they literally tortured daily over call. Is it possible. Please guide, i wanted to teach them a lesson that without US they are 0 totally.
My guess is you did not read their refund policy. Does it say they have to wait till they get product back from courier?
>> Please guide, i wanted to teach them a lesson
First read the refund terms. Teaching lesson is still far away…
Hi Vivek,
Can you help me in this case please?
i am copy pasting the comp copy pls help
To
DCP
Crime Division
Bangalore
From
Vijay Kumar R
Mob-9663000848
Sub: Fraud and got cheated by Kai Natural care, Mumbai and Ludhiana (Keva Industries)
Dear Sir,
On the above subject I Mr.Vijay Kumar R a self employed was taking some herbal, health related and home and kitchen products from Kai Natural care (also called as Keva Industries)
Plot no 1, G.T Road,near Octroi Post, Sahnewal, Ludhiana Punjab, India, Phone – +91-9781986977.
Other Office address:
No. 7704, Santna Road, Bhandup, Industrial Area, Mumbai – 400078,Maharashtra, India
Office phone +91-1616607000.
Seeing their promotional mail and continuous calls I have decided to purchase some products where I can do some small business delivering products to home, and thinking that this is a service as well as business so I was interested to start.
I was buying products from Kai natural care from more than 3 years, earlier I was buying it less and later I worked hard to build it, the business grown up. And I was taking bulk orders
The products which was taking are
1. Gas saver, 2. American Noni juice 3.Gas safety device and 4.Olive oil. etc
As the company mentioned in the website and the mail sent from them stated all these products are very good and got many certificates like “CE, ROHS, & S mark certificates issued by CSA (Europe) Ltd, United Kingdom, also “Kosher” and “Halal” certificates for their Health drinks like noni and other products.
After buying these products we came to know that
1. All these products are manufactured without following proper medical or food safety
2. All these certificates mentioned by them are fake and illegal and all are edited using photoshop.
3. The insurance coverage which they mention for their “Gas safety device” is false as they claim Rs.10 crore insurance
4. The edible oil or olive oil manufactured in illegal way not followed any food safety or clearance certificates from any of the departments and very dangerous for health
5. The American noni juice –which we have taken more than 3000 Bottles of 1 Litre are not Original and they gave all fake ingredients/content and certificates–which was tested in one of the Laboratory in Bangalore and proved that it is fake and Dangerous for health and not as per the food/health supplement guideline.
6. The Gas safety Device which they say saves Life and covers Rs.10 Crore Insurance are Very Dangerous for homes, and can cause cylinder blasts,
7. The Gas saver – Company says it saves 40% Gas, but it is a simple metal piece and not containing any gas saving equipment inside it, and from this gas saver a major gas leakage is detected, and this also one of the Dangerous product which can cause major cylinder blast and causes death.
I have bought 100 Pcs (50+50 2 times) of Gas safety device last month(nov 2014) transferred Rs.60,000, in that 100 PCS till today we have got 30 PCS as defective with maximum gas leakages, when asked for reasons company is giving childish answers “ as they are selling it at very low margins so replacement or refund can be given. Kindly consider this and take proper action sir.
Some details about my purchases and these are only few orders which I have placed with them
1.Gas safety device – 100PCS at Rs.600 per PC = Value60,000
2.Gas saver – more than 500 PCs at Rs.150 per PC = 75,000
3.Noni Juice – more than 3000 bottles of 1 liter atRs. 200 and at Rs 120 =Value approx more than Rs 4,50,000
And many times Rs.2000 to Rs.20,000 I have transferred to their account
Dear Sir I have taken products for almost worth of Rs.5 lakhs or more and got cheated by this Kai natural care company (also called as KEVA Industries), and when asked for all these certificates or replacements or refund company is giving harsh answer and saying that they are selling all these products for very less margins so no refund or replacement can be given and when asked for the genuinity of the products or certificates they are not responding, and when I asked them for taking all the products back they are not responding properly and scaring me sending mail and through calls.
I have attached all the transaction details and bank statements where I have transferred amount their Bank account No-631905012156, ICICI Bank Account LUDHIANA Branch
From my personal bank account SB Account ICICI Bank- XXXX1504682 Electronic city Branch Bangalore.
I have also attached mail details and website links which they used to send it to me.
Attached the warranty/guarantee card for the gas safety devices
Along with these details I have attached Courier/shipment details on how and when they have dispatched these above said products with cargo bills.
Requesting you to investigate about this scam and fraud of this Keva Industries or Kai natural care, and take a very strict action and save peoples life from this fraud company.
In the name of health supplements they are cheating innocent people and encashing their health weakness of the people.
Also the gas saver and gas safety devices are very dangerous kindly take a proper action to stop this money making scam and save people life, as they are selling it to whole India, many people are in danger, kindly bust their fraud racket.
I kindly request you sir, please help me to get back all the money approx around Rs 5 Lakhs and compensation for cheating and wasting my time and reputation around my known circle of people.
As I have all these products Un-Opened and kept it as it is, I can bring all those any time for your investigation purpose or anyone can buy their products calling them on their phone numbers, please trap them and find out the scam and fraud of all these and take a very strict action.
Hoping that I get justice in this matter and also I helped to save many people life and health.
Thanking you sir
Regards
Vijay Kumar
Mob-9663000848
>>Some details about my purchases and these are only few orders which I have placed with them
1.Gas safety device – 100PCS at Rs.600 per PC = Value60,000
2.Gas saver – more than 500 PCs at Rs.150 per PC = 75,000
3.Noni Juice – more than 3000 bottles of 1 liter atRs. 200 and at Rs 120 =Value approx more than Rs 4,50,000
This seems for resale and not your own consumption so it can’t be covered under consumer court. It’s a business deal so civil suit can be possible.
For sub-standard quality of food products etc, there are many other laws and venues to complain. You can ask the safety and regulatory authorities whether they have cleared the products as per safety regulations.
To me it looks more like a business relationship going sour rather than consumer issue.
Hello Vivek,
CCB Police have done a initial ground check about the company and certificates about the Kai natural care and keva industries, But All the certificates are fake and they dont have ISO certificate also, one of the DCP have told me that easily the owner and company can be punished filing a FIR and many cases can be put, CCB police are preparing a detailed report, ask it was asked by DCP Crime Bangalore, But for me I need to give back the amount which i have got from other people.
Like I said before, there is no consumer case here. You can sure follow up on police complaints etc.
Hi Vivek
Basis your input and guidance, I have drafted a response for 27 November 2014. Please guide which points needs further strengthing and which lines may be omited. Thanks a lot , your help is my much much appreciated in this case. Please tell are there any expenses for the court commisoner setup, from research on the net it seems so. what s your take on this vivek !!
Kind regards Anil
*************************************************************************************************
Respected Sir
1. That the response filed by the opposite party is not maintainable.
2. Opposite party claim that my complaint is without any technical report saying that unit bears no manufacturing defect. I most respectfully prays that Hon’ble forum may appoint court commissioner /expert to examine the TV unit and bring out the truth to the court about the inferior / sub-standard material used in the expensive LED TV costing Rs 60,000 approx .
3. My complaint is like a open transparent book and I am one of the many victims of Opposite Party self certified claim of making so called “quality LED TV”. That the response of the Opposite party has not come to the court with clean hands and has suppressed the true and material facts. Opposite party is using their brand value to push deficient / substandard expensive LED TVs Rs 60,000 ) in the market and the subsequent costly repair (Rs 25,000) and making unfair monetary gains, from various consumers across India.
4. That I have locus standi to file and maintain complaint of mine. I am the consumer, have locus-standi to show that Opposite Party is pushing deficient/ substandard/faulty product in the market and gaining unfair huge monetary benefits out of it.
5. That I have cause of action against the Opposite Party. I am consumer of opposite party product, have every cause of action. In todays day & time, I and my family is unable to watch high end TV worth Rs 60,000 bought from our savings for almost four months now.
6. That Opposite Party claim that my complaint is bad for mis-joinder and non-joinder of the necessary parties is hogwash. I am the sole buyer and Opposite Party is the sole seller. That the question of mis-joinder and non-joinder of parties does not arise at all.
7. That the response of the Opposite Party is nothing but an outcome of mere sheer greed, big headed, adamant, non customer centric mindset. Opposite party is pushing inferior , substandard, faulty product into the market to making unfair gains from the consumers like us.
8. That the response filed by the Opposite Party is nothing but to mislead, ignore and violate consumer protection rights vested with the consumer.
On Merit:
1 Hon’ble President forum, for your reference, internet is full of exactly the similar complaints of the display panel going faulty around the same time of various Samsung consumers across India, of the same model, which Opposite Party Samsung has failed to notice, recall and rectify. Screenshot of the complaints appearing on the internet related to sub-standard/Quality deficient LED display panel is enclosed as Annexure C in my original complaint July 2014. I am liable to get relief.
2 On Honble president forum whether expert opinion is required to certify it is a manufacturing defect? Maybe yes. However if many consumers are claiming there is a similar fault with product (even if warranty period is over), and it costs a lot to repair it; it raises the question why the product not be deemed quality deficient. In any consumer industry, it is very common for manufacturers to recall products to repair defect in manufacturing for all customers EVEN IF all those customers have not complained. E.g. Maruti recently did a recall. Toyota, cannon etc did a recall. It’s common all over the world. Not everyone wants to hide behind excuses of warranty period being over.
Honble Forum opposite party product is a defective and deficient product as per Consumer protection act. And I am liable to get relief. If a Rs 25,000 part routinely blows up in every similar LED TV of every manufacturer, maybe it can be excused that all the customers are fools buying such bleeding edge products paying huge sums to subsidize the R&D and beta testing of the manufacturers’; willingly being the guinea pigs taking part in such testing and paying for it too
3 Hon’ble Forum, Samsung have failed to maintain the high standard expected from them . Ours is clear evident example of this and there are many more. Samsung is using their strong brand value to push a faulty product. I strongly disagree that “normal usage” of a “Quality product” will lead to this kind of product failure. Is Samsung implying that they are making these expensive TVs to last for 2-3 years as per “normal usage”?, and if a person is lucky he might be able to use it for more than 2 years. Then Samsung should inform the customers in their advertisements and manuals that under normal usage their product will last for only 2-3 years, so that customers can take informed decisions. I am completely dissatisfied in terms of customer satisfaction from SAMSUNG .Definitely, it is a case of substandard production quality of the display panel which cannot operate more than two years.
4 Hon’ble President forum I am not debating about the warranty here, but is asking for the minimum average life expectancy of a super expensive Opposite Party SAMSUNG product. Consumers of Opposite Party expect high quality in return of high price. A consumer expects Opposite Party (Samsung) to deliver quality and reliable product which will at least last some substantial time. If the consumers have to change the display panel after two years, then how is SAMSUNG different from other economical products. How can consumer know that a sopposedely big brand like Samsung will fail consumers 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, I am stuck with a non-working Samsung product and unable to view television since last 15 days.
5 Hon’ble forum, Samsung’s top management has been involved in a fraud case and an arrest warrant was issued by the supreme court recently. To cheat, fraud and make unfair monetary gains is not new to Samsung philosophy and it has cascading effect to the bottom line of production A copy of the media coverage reporting the same is attached with my complaint filed in July 2014.
6 Hon’ble forum, Samsung has settled laws suits in the past for the okhalama residents in United States in February 2012. That clearly indicates they have the capacity to make quality deficient/ inferiors products. A copy of the news appearing in the media is attached with my complaint filed in July 2014. An excerpt from the news for your quick perusal.
“A class-action suit was filed last Oct. 17 by Oklahoma residents Ryan Russell and Philip Bourne on behalf of themselves and other Oklahoma residents who had purchased defective televisions from the company. SEA stated that it “denies the allegations in the lawsuit, but has agreed to settle the lawsuit to avoid the costs and uncertainty of continued litigation. The original suit alleges that malfunctioning capacitors caused certain Samsung-branded TVs manufactured between Jan. 1, 2006 and Dec. 31, 2008 (see list of models below) to “experience symptoms such as not turning on, a significant delay in turning on, making a clicking sound, cycling on and off, and other similar problems.”
I the complainant mentioned above most respectfully prays that this Hon’ble Forum may be pleased to:-
RELIEF SOUGHT:
1. Direct the opposite party to take the LED TV back and refund complainant’s hard earned money Rs 59,500. As we have lost faith in their product quality. Alternatively direct opposite party to replace the sub-standard/Quality deficient LED display panel free of cost.
2. Direct the opposite party to pay the cost of the proceedings and
3. Grant such other reliefs as this Hon’ble forum deems fit to grant/award in the circumstances of the case, in the interest of justice and equity.
Mostly it’s fine, some of it from my comments earlier. Following para can be removed since this has no bearing on your case:
—-
5 Hon’ble forum, Samsung’s top management has been involved in a fraud case and an arrest warrant was issued by the supreme court recently. To cheat, fraud and make unfair monetary gains is not new to Samsung philosophy and it has cascading effect to the bottom line of production A copy of the media coverage reporting the same is attached with my complaint filed in July 2014.
—-
The annexures which contain complaints against samsung LED TVs whether Indian customers or abroad will have greatest value because I really doubt court will appoint a TV expert to examine the TV. If the complaints are against exact same model or similar high-end models, or if the complaints are in recent past like last 1-2 years, it becomes stronger.
Thanks Vivek !!
Yes, some of th drafting of response is from your comments earlier. And yes, complainst are of same and similiar model the screen shots of which are enclosed in my July 2014 complaint.
God bless !!
Hi Vivek
As you may know that I submitted by consumer application along with the screenshot of other consumers and law suit filed by the US Okhlama residents as my evidence or as my documantery proof. Now in previous h 10 October 2014 hearing the opposite party handed me the response by “evidence by way of affidavait”. Judge asked me do I want to give any evidence. I said that that I already enclosed by evidence other documents along with the original complaint filed in July 2014. And all those documents are in my file maintained by court. He told me that I sign on piece of paper no evidence is further required to be submitted by me. And I did it in good faith. Now someone told me that I need to submit the documents by ” evidence by way of affidavit”. otherwise my case stands weak. Please guide what is the truth and how it can be rectified. Does that all those screen shot has no value if I have not given them as ” evidence by way of affidavit”
Thank you Anil
The original complaint/application is treated like a petition. And the same contents when put inside affidavit (notarized) becomes evidence which is in lieu of oral evidence on oath. This makes one liable for perjury (in theory at least).
I have given one page affidavit in my case, and it worked. It referred to the contents of petition as the evidence itself. One person suggested to copy the whole thing again but I told them that I was referring to same points in original complaint so that should be taken as evidence.
Now the problem with lawyers and even people in consumer court is that different people will tell different things. To be absolutely safe, copy the whole thing in original complaint and submit it as affidavit with notarization.
Vivek,
I checked out my copies of the original complaint and found following affidavit submited in July 2014. Is this affidavit enough. because now I remember superidentant of consumer affairs asked to submit with the complaint.
Thank you Anil
*********************************************************************
AFFIDAVIT
Affidavit of Anil.Deveshwar s/o. R L Deveshwar… aged 39…years, resident of A1/xxx Sushant Lok-2 Golf Course Road Gurgaon-122011.
I, the above named deponent do hereby solemnly affirm and declare as under:-
• That I am complainant in the above case, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.
• That the facts contained in my accompanying complaint, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge.
Deponent
Verification
I, the above named deponent do hereby solemnly verify that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therein.
Verified this ……………………day of ……….20……………at……………….
Deponent
I think your affidavit is already submitted along with complaint, so that’s all that is required. Because of following point in your affidavit:
That the facts contained in my accompanying complaint, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge
You can confirm with them that it is so. They should help out with these mundane things.
Thanks Bro!!
Hi Videv ,
I had booked a hotel room with makemytrip.. But the room which is provided to me doesnt have the same facilities which are mentioned on makemytrip site. I talked to the manager and he told me that this is the most they can provide in this room and rest of the facilities are mistakenly mentioned on makemytrip site. As i was tired from journey thats why I dont want to look for a new hotel. So i stayed in the hotel.. But then the Manager that he will try his best to provide me most of the facilities mentioned on the voucher.. But he didnt.. Later As clearly mentioned on Makemytrip voucher Terms And Conditions.. I was eligible for the full amount refund in form of Makemytrio vouchers..i.e. Vouchers worth Rs.3600. I requested and claimed my vouchers within 24 hours of check-out time as clearly mentioned on there Terms and conditions..
Now firstly they kept me waiting.. After a long communication they got ready to refund rs.500, again when i rejected that they increase the amount to 1000 rs.. And now they came to 1500..
But my claim is worth Rs.3600. Why should I settle for less..
And after I told them I am not ready to accept 1500 and I want full refund..
They initiated the refund without my consent..
Now please guide me how can I file a case against these people..
The main issue is not regarding money.. Its about how can they lie like that in the face of customer..
And why they wrote Terms And Conditions when they all are a lie..
Please help me Videv.. Its almost a month and they are really giving me a hard time..
Shweta
Shweta,
Your case is being victim of “Indian” promise which is a promise which is made by seller but becomes a flexible promise when it comes to getting it done!
I suggest to file complaint to national consumer helpline first. Makemytrip will surely be listed already given it’s well known travel provider. If that doesn’t work out, your option is to approach consumer court. Templates and process are already given for Bangalore, for other cities it will be quite similar.
Vivek
Yes Videv but as MMT office is in Gurgaon.. And all my e-mail conversation happens with executives based at Gurgaon.. I am not sure against which branch office i should file the complaint.. Also i tried that site you mentioned.. The Customer Care No. doesnt work.. And while registering on this site.. It gives me error that my address has – and ,. After removing again the same error I get.. Thats why I am unable to register there and contact them.. Also when filing the complaint I should file it against MMT only or the Hotel as well?
I forgot to mention that I live in bangalore.. And the hotel involved is of Mysore.. Also I just moved to bangalore and dont have any local ID,. Does that make any problem while consumer court procedure..
A communication address should be enough. I don’t think they need to see your permanent address proof or anything like that.
Against MMT, since they were the ones who promised refund but did not give full refund. MMT will be having their own deal with the hotels so they can recover it from the hotel if they want to.
Hi Videv,
Many thanks for sharing your experience and information through website. Recently I have come across a billing issue with Airtel and not sure if I should be filing case against them as I don’t think my case has strong points, still would be a great help if you could suggest me, if i should go with filing complaint.
Issue: <>
————————————————————————————————
Recently I have found out that I have to pay mobile bill of Rs. 14298.80 for the
international roaming services and this amount I am paying for the
24MB of data which I have used while international roaming. There are
several concerns I want to bring here.
1. It came to my understanding that internet charges are Rs.5.5 for
10KB under roaming in Nepal, which is very high and I believe I should
have got the roaming/call charges info or considering high roaming
rates at least a free message/service that can tell the roaming
charges.
2. Secondly on 6th, Oct I got message on usage alert, which says my
usage is approx Rs 13720, my point is why I didn’t get usage alert
after 1000 or 2000, even that’s huge amount for 24MB data or any
amount of data I am consuming.
3. Additionally, I came to understanding that my credit limit had been
revised to 14000, probably on sept, I believe that decision should
have been taken from my end, why I haven’t asked here when increasing credit limit?. If my credit limit hadn’t been
revised, I wouldn’t have get this bill.
————————————————————————————-
In reply to my mail said we will accommodate these services and sorry for inconvenience and additionally said you have been correctly charged the mentioned bill amount.
Considering above problem, do you think i should go ahead and file complaint against them?
Awaiting response.
Thanks in Advance,
Best Regards,
Bikas Katwal
Bikas,
Going by your description, I take it to be postpaid billing.
I have no hesitation in saying they are doing a scam on you. Did you try national consumer helpline first? Usually companies ‘test out’ these scams on customers and back off once they realize customer is not the usual passive kind.
Point 1 about high charges in Nepal will not stand.
Point 3 about credit limit is your strongest evidence and your case hinges on that. Enhancing the credit limit when the customer is consuming more and without informing him first, and also combined with point 2 that alerts were not sent at usual slabs like 1000, 2000 etc; all points to a scam being done by them.
You should also collect some evidence that they are supposed to send alerts at 1000, 2000 levels. Either from their website OR even older alert SMS on your phone will do. Even if that’s not so, enhancing credit limit without informing by itself is good enough ground in my opinion.
To relate an example, last year Nov ICICI Bank tried financial wizardry or scamming as I call it by increasing my credit limit on credit card temporarily even though I called the earlier to confirm it’s not so. Then they charged Rs 500 as overdraft fee for the increased credit limit. I got it reversed over the phone itself when I uttered the words “consumer court’ to their supervisor!
My suspicion is you will have to approach consumer court ultimately. All the telecom providers use these ‘techniques’ of fudged up data charges from time to time on customers, and I am sure it’s profitable for them.
I suggest to ask for at least double the extra amount as penalty. So ask for 28,000 at least as total amount from Airtel if 14,000 is the extra billing done above credit limit. You can argue that they do it to many customers and will continue to do so if heavy penalties are not imposed, since very few of these scammed customers go to consumer court.
Vivek
Hi Videv,
Thanks for your reply.
After long mail chain with Airtel and several talks over phone there is no progress yet from their end. Finally I deactivated my number in frustration, since i was not paying the bill they were adding fine in the next cycle bill, so have to cancel the number and now finally I am deciding to go for Consumer forum.
But few details I got to know from them: after increasing the credit limit they sent me mail confirmation and a message in my number. Somehow I might have missed that message or may be deleted without seeing but when asked those guys in which mail did they send the confirmation? found out they sent in(vikas.kumar.katwal@accenture.com) whereas my mail ID is bikas.kumar.katwal@accenture.com and that I gave during taking new number too(my company ID card photo copy).
So I see below points in my favor:
1. Increasing credit limit to 14000 without asking me, when I never paid even Rs 2000 as my bill.
2. Then sent me confirmation on wrong email ID.
Against:
1. Sent me confirmation through message.
Even if I didn’t see the message there might be question from them: “you could have raised the concern before, when you got the message”
Want to know what are my chances? anyways I am going to forum coming Monday. Any tips from your side will be appreciated 🙂
Thanks,
Bikas
NO. I don’t believe them sending email message or SMS message is enough notice to you about raised credit limit. The use of word ‘confirmation’ by them is an abuse and misnomer since a confirmation happens when I raise a query, and it is confirmed to be received or replied etc by the receiver. If someone sends an unsolicited ‘gift’ to my address, then they can’t force me to pay up for that ‘gift’ because I didn’t reply back or raise a concern in time!
You never asked for credit limit to be raised, so there is no question of any SMS or email by them whether to right or wrong email id being taken as a confirmation. My guess is this wrong email id is also part of their scam, they are totally cornered and I suggest don’t show any mercy and ask for 99000 as penalty in district consumer forum (1 lakh is limit). Take help from advocate if you can’t attend court every time and call me if you need assistance.
Hi Videv,
Yesterday Airtel made one of the worst day of my life.
I didn’t paid their bill and thought of going to forum before paying. but, still even if i didn’t paid on time I was expecting some sort of legal notice in my mail, if not address, but instead they called my sister and yelled at her and talked about filing FIR and your brother is fraud and many things and then she called me. I took the number from her and called that guy back and asked her why he talked rudely with her instead of saying sorry he started yelling at me at started saying I am hiding and fraud and all whereas I already gave my new docomo number to their appellate/nodal officers in the mails. Then i called him to my current address to talk. The scene he created here yesterday was unbearable for me and my friend. Without listening anything he started shouting and started gathering people, I said to him you send me legal notice then I will reply to you. he started asking me to go police station with him there we will take care of you. Things got heated up and my friend also shouted on him for the behavior, then they used very bad word, which i can’t share here, and said “maar dega tereko”. Unfortunately i couldn’t take recording of those. They were just not willing to go from here and kept on creating scene and when we asked for ID card of Airtel he kept on saying why you need ID card. After 1 hr of heated discussion in front other people and I couldn’t tolerate anymore and wanted to end that, finally I paid whatever amount i could pay at that time and thought will see them later and in turn asked them to show their ID card. Then they showed the Airtel ID then I made the online payment of 11500. The problem was being a Hindi speaking person and leaving in a place like Taverekere(where very few speak hindi) couldn’t explain to people what exactly happened and even they thought i should pay. He was going to people and kept on telling this is the bill and he is not paying he is “chor” he is “fraud”.
That was the only thing i could think of at that time to end that mental torture.
If someone can help me here, would be great. This is my first case and don’t have any advocate contact also but I really want some help here and I want to impose them huge penalty. Please share any number/contact of advocate(if you aware) if you have or if there is any help you can do would be great.
Thanks,
Bikas
+91 – 8123000610
Law is there to be used by shameless, and emotional people are always liable to get exploited. Our politicians have so many criminal cases on them and they carry it as a proud badge of honour.
Now there are many things you have in your favour.
1. You can prove that you intended to file consumer complaint anyway, taking screenshots from this website as proofs too.
2. So you paid up only to avoid the insult and harassment of the goonda recovery man. The payment was not done as a settlement of pending dues but purely to avoid the insults and harassment.
3. The itemized bill with phone calls made by airtel to your sister and your phone call to recovery man can be used as proofs that they didn’t contact you when you were not running away anywhere, and instead try to humiliate and use underhand tactics.
4. Knowing name of person would be good, if you saw the ID card. Else the phone number is the only thing you can provide to court.
Now they will try to evade and escape and delay hearings, so asking for heavy penalty even max 99000 is foregone conclusion, in any case as I mentioned before too.
Make sure you tell the lawyer what to do, draft all the complaint/affidavit/annexures yourselves. Or fight the case party in person, it’s not difficult, just needs time in early part of day.
Hi ,
Reliance people making fool to customer by posting wrong information or false information on their website. In the website it is clearly mentioned that you can enjoy unlimited whats app if you recharged 16 rs pack . Later when i recharged the sane they deducted my more than 120 rs and now they are blocked my number to customer care number I am not able to call to customer care. I called with my friend mobile and they are saying we are not going to refund your money.
Please help me with such fraud people. I want my detected balance back , Please crate a high priority ticket against reliance care.
MY email id -jitusuraj@gmail.com
PH no = 8880587226
This is common thing done by many operators, not just reliance.
I am nobody to create a high priority ticket on your behalf. So you can try complaining at national consumer helpline or core.nic.in. Both are govt websites and I have been able to recover amounts in many such issues earlier.
Dear Sir/Madam,
I have recently bought Samsung LED Television on 4-Oct-2014. On 8-Oct-14 while trying to connect with Setup box, we observed that suddenly power stopped coming and we gave a complaint to Samsung. Samsung service team have repaired it immediately by replacing the entire motherboard and mentioned that it had problem with motherboard. I didn’t like the solution which they gave as I expected replacement since it is new TV.
I have been asking for refund from past 2 weeks but I am not getting any positive response from Samsung.
I have been calling them daily and asking for status. Sometimes Samsung customer care say that issue is fixed. What is the problem?
I had to repeatedly explain them about the issue I had again and again. But I am not seeing any positive response.
Am I eligible to ask refund for the product? Can I raise with consumer forum?
Thanks,
Manohara
Manohara,
Your email comes just after I updated my post with my observations about receiving emails that people want a refund/replacement whereas the company wants to do repairs. I have said that people are not reading the terms and conditions but expect something to happen because they feel so. I will give my comments here so others can benefit from this since this situation is a very common issue being raised. I will definitely not answer such questions by email anymore.
>>I didn’t like the solution which they gave as I expected replacement since it is new TV.
I am afraid this is not something which can be based on whether TV/car/mobile or whatever product is brand new or old one. It is based on terms and conditions of sale and warranty. These things are usually mentioned on receipt/invoice or separate warranty card.
Probably people are confusing that given many online commerce sites are giving 7/10/30 day replacement policies, a defective product should be automatically eligible for replacement/refund. That’s possible only if the terms say so. Even the online sites will forbid replacement of certain items, so it entirely depends and not automatic.
BEGIN RANT: What I find perplexing is that whether it is mobile phone worth 8000 or a property deal with upfront investment of 5 lakhs, most people don’t care to read the terms and conditions until after they face a problem, and most don’t read even then! I don’t know which consumer court can help if you are not aware of what are your rights in the first place.
Or maybe in US a product can be returned within 15 days or so without questions asked, so it should be applicable here. Not really… it entirely depends on the policy of the retailer/seller and it is mentioned on back of receipt, or on website in case of online seller :END OF RANT
>>Am I eligible to ask refund for the product?
This is something which will be clearly mentioned on receipt/back of it, or on warranty card. Usually refund is rare except for things like wrong product delivered etc.
>>Can I raise with consumer forum?
If you raise the complaint without reading the terms of the sale/warranty, then the effort may go waste anyway. The company may appear in court and assure that they will fix the product OR replace it as per the terms, you will have no choice but to accept that.
Whether something is brand new or not is a highly subjective (and emotional) decision. I received an email recently where a person feels that a few months old automobile product is brand new, so a refund or replacement is what he should be eligible for. Unless the terms of sale/warranty defines what is ‘brand new’ AND ALSO mentions that for these brand new products, refund/replacement is applicable; a refund/replacement will not be applicable. I have never seen such terms in any product I have ever bought. At maximum, there can be replacement policy etc but that is usually not for products which are found to be manufacturing defects. After a defect is found, it becomes a warranty issue.
Someone may rightly mention about 30 days replacement policy of flipkart or others for a defective product, but how many customers are able to successfully utilize that policy without undue hardship? Usually that policy is applicable for a completely unusable product, what they call as DOA (dead on arrival). I tried to get replacement on a bluetooth headset purchased from flipkart because it didn’t work, but they didn’t even respond so that’s how I filed my complaint against them and won it ex-parte (execution of that order is still pending as of now).
I have received other complaints that even after the product is confirmed to be DOA by online seller, they make it difficult to return it. Many people are even unaware that the return shipping charges are to be borne by customer (at least partially) and they have to arrange for the courier back to seller. Some companies arrange for pickup too, but in general the strategy of sellers is to make the return difficult so only customers who have patience and are persistent can utilize it.
Dear Sir,
Vishwambhara Enterprises, a gas agency in Ulsoor, has given my mobile in the web, with the result hundreds of consumers call me asking for Vishwambara Enterprises. This is very annoying. I tried to contact them over their land line. They don’t respond. What should I do now? I have posted a complaint on their website already hoping they will act.
Regards,
N.M.GURURAJ
It’s unfortunate, but it doesn’t seem like matter for a consumer complaint. You didn’t mention whether you are their customer or not.
To my knowledge, something like this may not be a crime but it could be covered under law of torts, but that’s in theory 🙂
Take a screenshot/print of that website complaint as well as your number listed there as proof, and if it doesn’t stop you can complain to police 100 number. The screenshot/printout can help if police want to see whether you complained already. I can’t think of what else is possible. It just seems silly carelessness. But I am sure they won’t be delivering gas cylinders to random people!
sir i have given order for wardrobe 3 months back in furniture showroom , i have settled all the amount, he brought the wardrobe 15 days back but still their is lot of work pending in it , and i am not satisfied about the work .HE is delaying the work . can i file this complain in the consumer forum
Sure you can file complaint… What exactly have they been building for 3 months? It’s only a wardrobe, not Taj Mahal!
Hello Vivek
My date with consumer court was on 10 sept 2014. And the judge has given the samsung counsel a 30 days to reply. he forget that that I am contesting on a different ground ( as mine led IS OUT OF WARRANTY) and failed so early. But he was considerate this time , thinking that I contesting in warranty, as he told the samsung counsel that they purchased in 2014″ kuck karo inka” !! secondly, please I want to make a simple website one page or max two page for uploading my profile. Please guide which website and website builder are effective, cost efficient and customer friendly.
Thank you so much !!
Anil
anil.deveshwar@gmail.com
30 days is standard notice time to opposite party. I don’t think judge can reduce it below that.
For free website, google blogger (blogspot) is easy to make. In my experience, it is not so good for SEO as wordpress.
Some people use google site builder sites.google.com too for just HTML based website or Weebly too.
For own domain and having good SEO, wordpress self-hosted.
Thanks Vivek !!
After exploring the wordpress, I am lost in this beautiful world of too many offers. Actually, downloaded the wordpress 4.0 free version, but unable to install it it. Went to back to the original page where they offered to help technological backward people like me 🙂
“The latest stable release of WordPress (Version 4.0) is available in two formats from the links to your right. If you have no idea what to do with this download, we recommend signing up with one of our web hosting partners that offers a one-click install of WordPress or getting a free account on WordPress.com.”
https://wordpress.org/download/
An i clicked on I have no idea it took to series of hosting partners like blue host. when I clicked on blue host it started asking for the dollar payment, but I have only rupees in my card 🙂 Please help, if you can enlighten me with the right website link. Thank you so very much for your guidance. Frankly I enjoy reading your writeup, topped with your sense of humour 😀
I want to put in something for my teaching profile website withe good SEO I mean good ranking after some time in the google search.
God bless !!
Anil
You can host on blue host or many other hosting sites. It should be possible to pay USD from Indian cc, I do it all the time.
Domain may cost Rs 500-700 per year. Hosting cost is usually cheap initially at $4 /month but they increase from 2nd or 3rd year. So unless you plan to use MySQL or database try to find some cheaper hosting for basic html only or wordpress site (which uses MySQL internally too).
Thank you. will attempt your suggestions !!
Hi Vivek,
Today was hearing. And samsung filed the written reply to complaint which goes as below some excerpts for your reference: need your guidance.
1.That the presnt complaint filed by the complainant is maintainable.
2/That the present complaint filed by the complainanat without any technical report that the units bears any amanufacturing defectand is not maintable.
3. That the complainanat has not come to the court with the clean hands and has suppressed the true and material facts.
4. That the complainant has got no locus – standi to file and mainatin the present complaint.
5. That the compalinat has go no cause of action against the opposite parties.
6.That the present complaint is bad for mis-joinder and non-joinder of the necessary parties.
7. that the present complaint is nothing but an outcome of mere sheer and greed of the mind of the complainant.
8.That the present complaint is filed to grab the benefits illegally by the complainant.
9. It is worthwhile mentioning here that present complaint is filed without any expert opnion which will prove that the unit is not working properly and merely by the oral version of the complainant it cannot ascertain that the unit is not working poperly, the allegged handset in question in question is required to be checked by the proper analysis/ test by the apporpriate lab as per the section 131(C) of the consumer act.
10. that it is further submitted that as per the law mentioned in a case 2008(2)CLTp-172 and law mentioned in 2010 CPJ NC P-235it has been held that without any expert opinion it cannot be ascertain that their unite acquires a manufacturing defect, complaint dismissed.
11.Para without number. Compalinants prayer is totally wrong and specially denied. the Prayer clause of the complainant is wrong and denied. Complainnat has no right to claim any releif from the Honb;le forum as the defect in the unit occured after 2 years and six months itselfs shows tha the unit does not bear any manufacturing defect. so the prayer of the complainant is wrong and denied and the complaint of the complainanat is liable to be dismissed with cost.
12. defeciecy is totally wrong and specifically denied. There is no deficency on the part of Opp party as the complainant logged a complaint with oppo party after the expiry of the warranty period and the same was duly attanded by the opposite party and the engineer was sent within 24 hours of the complaint and the solution was also provided but the complainant refuted for paid repair and the complainanat refused to understand the one year warranty of the unit.
It is therefore, prayed that pryaer clause and its sub paras are wrong and denied and on the basis of the facts and the detail mentioned in the written reply the present complaint may kindly be dismissed with heavy costs, in the interest of justice.
Oppoiste Party:
Ms. Great Samsung India Electronics Pvt Ltd
(Through its authorised signatory)
Basically they are using legal BS and latin words to intimidate. That is normal lawyer-ish behaviour.
1. Of course you have locus standi, you being the buyer of their product.
2. Regarding mis-joinder or non-joinder, my quick understanding from net is that they are spewing complete legal BS. You are the sole buyer, they the sole seller; so them saying that necessary parties are not in the suit is not correct.
—————
http://www.lawteacher.net/commercial-law/essays/misjoinder-and-non-joinder-of-parties-commercial-law-essay.php
If two or more persons are joined as plaintiffs or defendants in one suit in contravention of order 1, Rules 1 and 3 respectively and they are neither necessary nor proper parties, it is a case of misjoinder of parties. On the other hand, where a person, who is necessary or proper party to a suit has not been joined as a party to the suit, it is a case of non-joinder. The general rule is that a suit cannot be dismissed only on the ground of non-joinder or misjoinder of parties.
————–
Coming to more interesting parts:
3. Certification of whether unit is working or not. Court can send a court commissioner to your house to verify whether it is working or not!
4. Whether expert opinion is required to certify it is a manufacturing defect? Maybe. However if many consumers are claiming there is a similar fault with product (even if warranty period is over), and it costs a lot to repair it; it raises the question why the product not be deemed deficient.
In auto industry, it is very common for manufacturer to recall cars to repair defect in manufacturing for all customers EVEN IF all those customers have not complained. E.g. Maruti recently did a recall. It’s common all over the world.
Not only for autos, I had got a defective chip in canon powershot replaced in India (product bought in US) much after warranty period after I came to know Canon was fixing that defect without cost. Not everyone wants to hide behind excuses of warranty period being over.
The main evidence you need to collect if possible are following:
1. Customers in India complaining of same defect whether before or after warranty.
2. If not above, at least customers elsewhere complaining of same defect.
Screenshots of above should be enough and that can be produced as evidence that if a product has numerous complaints from customers, which are not there in similar products of competitors; why it shouldn’t be deemed to be a defective product or deficiency in product as per Consumer protection act. If a Rs 25,000 part routinely blows up in every similar LED TV of every manufacturer, maybe it can be excused that all the customers are fools buying such bleeding edge products paying huge sums to subsidize the R&D and beta testing of the manufacturers’; willingly being the guinea pigs taking part in such testing and paying for it too!
Dear Sir,
First of all i would like to thank you for such a detailed and well written article about how to file complaint in consumer court.
My story is related to a dry cleaner service in Bangalore. I am detailing my experience below please let me know should i go ahead and file the complaint.
Last Saturday (06-Sept-2014) i had given my clothes(10 in number and 3.4kg in weight) to a laundry service for cleaning and ironing. They told me to come back on Monday. On Monday night when i went there to collect my clothes they told me to come next day. I went there again on Tuesday. They gave me my clothes but when i counted them it was only 9 in number and 2.7kg weight. I asked them about one missing clothes which was a Wrangler Blue Jeans. He checked in his shop and showed me some other Jeans but they were not mine so i didn’t take it. Lastly he told me to come again next day and took back the Bill that he had given and gave a plain paper with 1 piece missing on it and the bill number of the actual bill. Now after 2 more days they are saying that they are not able to find it anywhere so want to do a settlement by paying me back Rs 500(Jeans is of price 2600, i have the purchase bill). I called on their main branch they also told me to wait for some days. But i am very sure that they will not be able to find it. By their mistake they have given it to someone else. I am planning to file a complaint in consumer court.
Do you think in the current situation its wise to file the complaint when among proof i have original bill number that they had given me(No hard copy as they took it in exchange of other 9 items that they returned.)
I also have the recordings of mobile conversations that we had on phone regarding my missing Jeans where they are agreeing that they have lost my Jeans.
Thanks and Regards,
Manish Roy
Manish,
The main thing is they are not denying, but probably their offer of 500 is unacceptable to you.
The evidence with you seems enough. Having a photocopy of the original receipt would have been even better.
Most likely they may raise their offer once you file complaint and compensate better and settle out of court without contesting it. No one can predict all possible scenarios though.
>>Is it wise to file the complaint?
Conventional wisdom is against it, otherwise more people would be doing it. Definitely it won’t make you part of the cool crowd or get likes on FB even if you disclose you won the case 🙂
Vivek
Thanks Vivek,
Money is not of much importance to me. But i am really pissed off by their brazen behavior. After they do all these wrong things to you and than they say “Do whatever you want!!”
So this time i have decided to do what i want. I am fully prepared to drag them to court. They must understand that they messed up with the wrong guy.