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.
Sir,
I booked 3 tickets to travel from srinagar to Delhi in Spicejet on 4.2.2015. But the flight was cancelled and the information sent to mail and cell phone on 28.06.2015 at 21.00hrs by Spice jet.
But in Jammu & Kashmir no prepaid sims work(it is the policy of that state) hence I didn’t get message and also I cant open the mail in my cellphone bcz it won’t work.
We come to know this when entered the airport at Srinagar. The spice jet didn’t arranged alternative flight at his cost bcz we not reacted to his msg in time. So we purchased new tickets from other flight company at high cost and suffered a lot as we were not having money.
Spice jet informed to our complaint that they refund the amount and will NOT PAY ANY COMPENSATION.
Sir, May I go to consumer forum for compensation of diffrence in payment and compensation for our pain? Kindly guide me.
Yellappa Setty. 9480998920
>>But in Jammu & Kashmir no prepaid sims work(it is the policy of that state) hence I didn’t get message and also I cant open the mail in my cellphone bcz it won’t work.
This is the main thing in your issue. And it will there for all people in that area. Unless all airlines do an alternative way of informing customers, your case will be weak. Also read terms and conditions of flight ticket, does it say that one has to call to confirm before the flight?
I purchased a flat from a developer which was under construction at that time. As per the sale agreement 20% amount I paid up front at the time of booking and balance was paid in installments as per the agreement, except the final installment which has to be paid after registration. At the time of booking the flat, we also made a mutual agreement on the letter head of the Developer that at the time of Registration the purchaser needs to pay only Rs 1,00,000 towards VAT & Service Tax. The developer whose the MD and myself signed on the Mutual agreement.
CANARA bank has given home loan to 19 persons to purchase apartments in that building since it was BBMP approved plan with clear holding of land. Tripartite agreeement between the purchaser,buider and Bank was made. As per tripartite agreement the Builder was suppose to build as per BBMP approved plan and complete the construction with in the stipulated time and purchaser should keep the bank posted regarding the constructions.
The Apartments has been built with lot of deviations. The top floor consisting of 6 apartments has been built with out BBMP Approval and hence the `A` kHATA has been converted to `B` kHATA. The Building consisting of 30 apartments is complete which includes 6 unauthorised flats. As a purchaser at each and every stage I kept the bank informed about the deviations in construction and delay in handing over through emails(15 emails over a span of 2 Years). Bank never bothered to reply to my emails nor did they warn the developer that deviations in constructions and delay in handing over at any point of time. The constructions of Building is almost 95%complete.
Draft sale deed was forwarded by the Developer to all the purchasers to their respective emails. Necessary inclusion/deletion in the sale deed was approved by the DEVELOPERS lawyer AFTER LOT OF DELIBRATIONS. The Developer made it compulsory that the registration of flat by the purchaser will be done through his lawyer only by paying lawyer fees of Rs 18,000. CANARA BANK took the intiative of getting the registration done of those flat which was done through Developers lawyer and nearly 20 flats have been registered in past 25 days.Ignoring the fact that building is not built as per BBMP Approved plan and delay in delivery by more than 13 months.
As per the mutual agreement I agreed to pay Rs 1,00,000 towards VAT & Service Tax and forwarded my sale deed to the Developer for his approval to his email adress. Sale deed sent by me was exactly the same as the registered sale deed already done by other purchaser, with a copy to CANARA BANK AGM & Dealing Manager. Inspite of repeated reminders to Developer and CANARA BANK my sale deed is not being approved since I am not willing to get my flat registered through Developers lawyer and not willing to pay Rs 3,15,000 towards VAT & Service Tax demanded by the Developer.
Neither CANARA BANK nor Developer are responding to my emails. TIN Number of Developer is blacklisted as per commercial tax department, Govt Of Karnataka. I want to approach CONSUMER COURT against the DEVELOPER for delay in approving my sale deed and blacklisting of the developer by commercial tax department, Govt Of Karnataka.
Also I want to complaint about the Bank for not following the tripartite agreement and favoring the developer by not warning/cautioning the developer and also keeping mum regarding delay in approval of my sale deed.
Please suggest further course of action wether to appraoch the consumer court or send legal notice to the developer and thecanara bank.
I want the sale deed to be approved and get my flat registered through my lawyer and paying Rs 1,00,000 towards VAT & Service Tax as per mutual agreement.
I am not sure what kind of tripartite agreement is there, and unless there are any penalties on Canara Bank to ensure developer sticks to plan, they may not be bothered. Usually banks’ main concern is to recover their own loan amount, and not really the legality or deviation of the building.
I am not sure about VAT and service tax. Usually it is a percentage of the sale amount, so I can’t say what’s the legal validity of any agreement which says you have to pay only 1 lakh towards it. Maybe the rest of amount has to be borne by builder, if that’s the intention then it may work out in your favour, but again I think the agreement itself is not clearly worded since tax liability can’t be decided like a fixed amount.
You may be able to go to either consumer or civil court, I think there are multiple issues, and you yourselves are not clear what your main problem is: whether Canara bank didn’t check builder, or whether you are asked to pay more than 1 lakh. That kind of approach will not work in front of court, you have to clearly mention the issue there and the relief you want.
Thanks for your prompt reply vived. I am grateful to you. Reply to your queries are as under;-
Rs 1,00,000 towards VAT & Service Tax was a rebate given by Developer for being one of the first five purchaser to book the flat.
Now the Developer is demanding Rs 3,20,000 towards VAT & Service Tax and compelling me to get my registration through his lawyer by paying additional Rs 20,000, for which I am not agreeing and he is also adamant and not clearing my sale deed.
Basically I want my Flat to be registered at the earliest. I am willing to pay Rs 1,00,000 towards VAT & Service Tax even though he is blacklisted by commercial tax department.
Tripartite agreement between the myself, Developer and Canara Bank was made by Canara Bank , as per tripartite agreement the Developer was suppose to build the SHUBH RESIDENCE as per BBMP approved plan and complete the construction with in the stipulated time ( ie Jun 2014) . Developer has Constructed un authorised floor consisting of 6 Apartments in SHUBH RESIDENCE and delayed in handing over of Apartments by more than 13 months.
I want to approach Consumer court for following relief as per your format:-
1. Direct the opposite party to approve the sale deed and facilitate registration of complainant Apartment no F-111 of SHUBH RESIDENCE through lawyer chosen by Complainant.
2. Direct the opposite party accept a sum of Rs. 1,00,000/- towards the VAT & Service Tax as per the mutual agreement signed on 25/03/2013 by the opposite party and complainant;
3. Direct the opposite party to pay a sum of Rs. 2,60,000 as compensation towards delay in handing over the apartment by more than 13 months.
4. Grant such other relief to the complainant and penalise the opposite party M/S. FRONTIER SHELTERS PRIVATE LIMITED for (a) getting blacklisted by Commercial tax department, Govt of Karnataka (b) for construction of unauthorised floor consisting of 6 Residential Apartments.
5. Direct the opposite party to Hand over Original Documents of SHUBH RESIDENCE to Flat Owners Society or Canara Bank.
6. Direct Canara Bank RAH Branch, Koramangala, Bangalore to implement Tripartite Agreement and facilitate smooth registration by mediating between opposite party and complainant
I have emailed the relief sought to the Developer and Canara Bank as advance information If the Developer comes for compromise I will retract my proposed complaint. If he does’nt come for compromise, then I would like to file a complaint in the consumer court.
I have made consumer court complaint as per your format and kept it ready for submission
My Ultimate aim is to get my flat registered at the earliest through my lawyer and pay Rs 1,00,000 towards VAT & Service. Rest I can forgive him if he comes for compromise.
Please suggest how to go about.
Dear Vived, after posting the above reply to your queries I got a call from the Rep of my Developer that he is will willing to fight it out in the court and he is waitng for the court order.
Please suggest how to go about.
Dear Videv, I am extremely sorry for mis- spelling your name in my earlier posts/replies sent today.
I have sent a consumer complaint as per your format in contact form for your perusal. If you approve, I will file it in the consumer court by 01 Aug 2015. Please advice if any correction or clarity is needed in my complaint.
Thank you are doing a great job. Keep the good work going and God Bless You & Your Family.
Dear Vivek,
I am extremely grateful for your prompt reply sent on my email for the query sent on your contact form.Actually Canara Bank cannot give any relief, since the delay and default is done by the Developer, Its just that Canara Bank is not mediating in my case with the Developer.
Out of 24 apartments in Shubh Residence, already 23 purchasers have got the registration done and have either self occupied or rented it out. .I am the only person left out.I am bit confused, since the builder is adamant and has informed me through his rep that he waiting for the Consumer Court orders to fight the case.
I am loosing out on monthly rental and I am paying my monthly EMI.If I file consumer complaint now, the case will prolong for another 6 months and i WILL loose another Rs1,20,000 on rentals.
Shall I agree to Developers terms and conditions, pay him VAT & Service charge ie Rs 3,20,000 go for Registration of Flat, occupy the Flat and then file consumer court complaint .By this way even if the court delays the verdict, I will start getting my rentals after occupation of the Flat.
Since you are much more experienced in Consumer Court proceedings, I need your advice.
As per my law of knowledge, you may take possession citing your circumstances, and file consumer court case later. BUT you must ensure to send a letter/notice to builder to that effect as RPAD, which you can produce as evidence to consumer court. Otherwise, taking possession can be construed as acceptance of builder’s (modified) terms.
Dear Vivek,
Thanks a lot for your timely advice. I will keep you posted about the progress of my case. Presently I have given him 2 options, either accept Rs 1,50,000 lumpsum towards VAT & Service tax ,if this is not acceptable to him then I have asked him to give me the receipt in a affidavit for the payment demanded by him, so that it becomes an evidence for proceeding legally for not honoring the mutual agreement and delay in handing over the flat for more than 13 months. I have explained this to his charted accountant also over the phone.Lets see what he replies. I am making all corresponce through email so that I can produce the same as evidence.I am also posting a copy to Canara Bank Authorities.
I bought a mobile moto E 2 -4G on 28’th Apr 2015 thro’ Flipkart . After one month back I had a problem on mike(voice is breaking). So I given my device to moto service centre which is in bangalore, they examined and after one week back they told it is ready. Then I gone to service centre and checked, it is not rectified. Then again they have raised new job sheet and they told their is a mother board problem and it will take time, if once received the spare parts we will repair the device. But yet not repaired, it took appx. 1 month. What I can able to do, shall i give consumer complaint??? Where I need to give a complaint. and this mobile is bought thro’ my brother in law flipkart a/c. So shall I able to give the complaint.
Parthiban
Complaint may be possible since long delay in service can be held to be deficiency of service, but not sure whether you can file since purchased in brother-in-law’s name
I Require Advice on my recently purchase plot 1500 sq in a gated community by Guruva Properties in Guruva paradise in Hennur Main Road Bangalore,
I got the document checked and also got plot regesteded on my name, builder had promised that he will be building Tar road , Electricity connection wated supply and drainage connection for community, but after 2 months of purchasing the plot, builder stopped all the development work in the community also he changed his office, he doesnt pick any investors phone numbers and his sales person keep buying more and more time for developement not the have also stopped picking calls, not we have no assurity if he is going to do developement of the area or not. as he has not given any thing in written on timeline to finish development, but developer has been advertising on website that project is ready to move in, but actually he not allowing to do any construction in the area,
I Purchased 1500 SqFt Plot In Bangalore at Guruva Paradise , from Guruva Properties Builder, On the builders website : http://www.guruvaproperties.com/guruva-paradise.html he has mentioned that this properties is ready to move in, but when we visited the gated community road construction was in progress, builder requested to proceed with registration and he will complete the development of gated community in few weeks, I ended up paying complete amount by taking load and got the plot registered on my name, aftr 2 months his workers stopped all development work in gated community also builder changed his office address,his sales person left the job, and other receptionist has been saying that development will be completyed soon but it has been more than 7 month not even a brick has been moved on site. also the Builder has stopped meeting investors and does not pick any phones. he has been developing other projects but no progress on guruva paradise below mentioned amenities are promised on his website and are not delivered: 1> Gated community. 2> 8″ feet surrounding Wall 3>Wide asphalted tar road. 4>Underground water lines 5>Ready for Registration & Construction. 6>Electricity. 7>Plantation 8>Underground drainage & sewage system.
You can move consumer court either yourselves or with other customers too.
Diverting money from one project to another used to be standard operating procedure of developers, and I think a bill was supposed to be passed which will disallow this diversion of funds; not sure what is the status of that.
I’ve booked a plot in 2012 by paying booking advance of 1 lakh rupees, during booking they said we will get approvals in few months and registration will start in 6 months but till today the layout didn’t get approval. last year the developer called and asked to consider the plots in some other layouts of them, but i’m not interested in that location and sent cancelation request. Now I’m chasing them to get back my booking amount from last 6 months, initially they used to tell they will refund in 2 months , after that they stopped responding to my emails and calls, one day my brother visited to their office as i’m not in the country and they gave one fake transaction letter saying we have deposited the money to your brothers account, but they didnt deposit any money. I called them and they said they will give in few days, now again they stopped responding to my calls and emails.. Can I file a case against them in consumer court, please advise
yes
Remarkably well written advice, especially the exhortations on trying the Consumer Helpline etc before approaching the court. That has definitely changed my thinking on a case I am contemplating against Panasonic, and I will try the Helpline first. Thank you!
The reason for the post is the following question: Suppose the complaint is about a product not meeting its stated specification. In this case it is an air conditioner that is supposed to consume X watts but consumes 2X watts. Do I need to get an independent electrical engineer to “certify” that the air conditioner indeed consumes 2X watts? Or can the fact that service engineers have visited me twice and have not responded for weeks on end to close the complaint, have not explicitly denied the fact over emails and have not responded adequately to a detailed letter couriered to the MD’s office count as sufficient “evidence” that they are playing the fool?
Best regards and please continue the great work!
-Ramkumar
My understanding is that one can prove the deficiency of the product at time of Evidence which is later stage during trial. During complaint stage, one should be able to make a sound case in front of court, and I don’t think one needs expert’s opinion as part of complaint. The fact that you have complained and followed up but they haven’t closed the complaint is a strong enough ground to initiate complaint.
Hi ,
I booked a non refundable ticket through goibibo,after making payment the page got stuck in payment gateway and after few secs a message got displayed “unable to load the transaction” but my money got deducted from my account.Considering this as a normal case and hoping the money would credited back to my account due to failure of unbooked ticket i made the booking of the same tickets via other vendor and my tickets got successfully booked and after 15 mints i got the confirmation of tickets booked by goibio also.
since it was a non refundable ticket i can’t cancel my booking via any of the airlines. Goibibo is agreeing on the delayed booking of my flight by 15 mint but not ready to refund my amount.
Could this be taken under consumer court. please help
Not giving right information of transaction completion in time can be proven to be deficiency of service, because they charge 250 for that service too, it’s not free for customer.
In their defence, they can say that you should have called to confirm transaction status or some such thing. Unless you have a screenshot which says transaction failed/declined; that point can go in their favour.
Also read their terms… I doubt you have already.
Sir,
I am located in bangalore and seek your advice and guidance on the matter below:
I bought a mobile handset Google nexus 6 manufactured by Motorola on 23rd January 2015, the handset fell from coffee table and the display screen completely shattered. I had given the phone for service on 6th June 2015 and its been nearly a month I haven’t received any resolution from them. I made many calls to the service centre and every time they said they don’t have the stock in their warehouse. I even made calls to Motorola customer care and no resolution from them as well.
If Motorola is not able to repair it should refund the entire amount because I had to buy a phone for usage in the mean time, the phone is under warranty.
Should I collect back the phone and follow the consumer forum procedure or should I wait for their estimated service date and time limit (6th August 2015)
Please suggest, how to take this forward?
If they didn’t promise anything about fast service in product, then they might as well take 2-3 months to service. That is a common problem being reported by many. Probably this can be made into a consumer case, but one needs to do preparation and argue based on general principles that a long time to service/warranty repair is itself a deficiency of service. That argument can carry weight if the product is also expensive. Why charge price like a mercedes if you will repair a broken headlamp in 6 months?
actually i want ur guidance for my case too….case is against askmebazaar.com
incident is i ordered for a samsung 9000Mah powerbank on askmebazaar.com at special discounted price of rs.399 ….i have order confirmation email..after 12 days i recieved the product,that product was duplicate ,not original samsung powerbank, also seal of box was open,inside there was MI company data cable…no warranty card no bill….powerbank doesnt even charge 1/2 hour….i checked the packet of product which has packing slip, there also nowhere any bill number or vat details where mentioned (i have that packing slip too)….when i contacted customer care (sent email as well as by phone) initially they told me that they will arrange a reverse pickup and then they will refund…i have gone through some consumer complaints website in that i came to know that since last 3 to 6 months people never received refund…so i told customercare to send me original product as promised ,they refused saying they dont have replacement policy…so i told them to send me warranty card that also they refused…finally i asked them to send me vat paid bill for the product,to my surprise that also they denied(on phone)…..now please tell me what to do…. also i am from bangalore and companies h,o. is in gurgaon….how to file a case…please suggest
You can file case in bangalore itself, at least no harm trying.
Sir
I have already filed a complaint and appeared for 2-3 hearings. In the latest hearing I was asked by the judge to submit an affidavit (Notarized) in the next hearing. Now I want to know the format/matter for the affidavit. Whether I have to repeat the complaint matter again or any new matter to be added. Further I want to know the proper way/wordings etc in which the matter be presented in the affifavit. Whether I have to approach any Advocate/Notary in this regard.
It can be same matter in affidavit if the original complaint had all the points. Affidavit is basically the evidence step. I had given just a 1 page affidavit in my complaint, which just said that the original complaint contains everything.
You need only a notary to identify you and stamp the affidavit, Rs 20-40 should do it.
Hi There – I writing this to get some support from you and i need to know how to log a case against Airtel .
I use Airtel 4G and its been down for 3 weeks, i called them more than 8 times and no one responded and always says someone will come and fix this.
help!
Rajesh
All details are given in post on how to post complaint on NCH and later consumer court. You can read and decide to complain yourselves.
Hello,
I am Kusuma and I am a school teacher. I will be retiring in 2 years and my husband retired last year. We purchased a flat in janapriya greenwoods with our hard earned money. They promised to complete the building process,but for past 3 years they have not installed lifts in the apartment. We are unable to shift to the apartment and have been losing money due to monthly rental we are paying for our rent house for past 3 years. Also we are old and can no longer climb the stairs. The apartment builders are not keepingtheir end of promise.Please advice on the above issue.Thank you.
It’s a fit case for consumer complaint, since they haven’t built the lifts promised in the development/building agreement.
Many apartment owners can make a joint application too in consumer court. The problem I find is law-abiding people are too scared of using the law!
I signed up a service contract with Fast Track Drivers in Bangalore. When i signed up, I gave them a refundable deposit of Rs. 12,000 via cheque payable at end of service period. The service contract ended on April 21st 2015 as per written communication to them via email.
I am yet to receive the refundable deposit as mentioned in the Service Agreement. I tried to reach them multiple times – they did not receive my calls, or if the received, they only made false assurances that cheque will be dispatched and so on. Should I go ahead with filing a case in Consumer Court? I have all evidences with me – emails exchanged, deposit cheque copy, Service Agreement etc.
Yes, why not. Maybe send a email or speed post beforehand giving one last chance before you file consumer complaint, just in case they wake up at last moment.
Recently my HTC phone had a microphone problem.When I visited serive center they told they have to send it for head office ,once they do inspection(charged 250rs)they will send quotation.
After 3 days I got a quotation,they have quoted around 11K for all the problems whatever phone have.when I asked to repair only microphone they are denying as they wont do partial repair.
Could you please suggest me whether I can go for consumer court or not?.If yes How to proceed?.
Thanks in advance.
Only an electronics expert can say whether the problem is only in microphone or much bigger which justifies 11K repair cost. If you do file consumer court complaint, the phone will need to be produced there and maybe an expert can verify it. That’s in theory, in practice I am not aware of such case as yet.
You can ask to get the phone back and pay them the courier return charges and nominal service charge etc. Then file consumer complaint if you are sure about it.
Hello Sir,
I am very much impressed by your well-articulated articles with abundant information. I believe you are the man who can guide me whether to file a complaint and help me while doing so and after. My case is not a very serious case in terms of money but I feel cheated and insulted by the seller apart from not received the some of the goods which are part of the purchase.
The issue briefly is this: I paid Rs.19000 in cash for 4 items – Rs.17400 for one mattress (MRP: Rs.25000) with two free pillows (MRP: Rs.1000 each) and Rs.1600 for mattress protector (MRP: Rs.3000). They delivered only mattress but not pillows and protector. Initially they lied that the deal was without pillows but later agreed but they are not delivering them even 38 days after the purchase. They are insisting me to pick up the pending goods and looks like they are not interested to deliver as they are neither responding nor giving the expected delivery date. I have all the details of events with dates, phone call logs and messages and WhatsApp messages except e-mail communications. The only concern is they didn’t mentioned pillows in the initial receipt on the quotation paper with seal and also in the invoice copy but they agreed to deliver pillows along with protector through WhatsApp message. I do problem management in my company and I serve international corporate customers like banks, airlines, embassies. I can’t digest this kind of treatment from the seller. Though the value of the pending goods is Rs.5000 only, it’s giving me lot of mental tension. I strongly believe, with your guidance, I can give a lesson to them. Kindly let me know do I have a strong case in my favor? Can I go ahead and file a complaint? Before proceeding to court or forum, should I send any notice to seller from my side via post or e-mail? My intention not only to get my pending items delivered but also to punish them with penalty so that they won’t behave like this with others. If I have a case in my side, how much compensation I can ask? Sir, I eagerly wait for your response. Also, if you don’t mind please share your phone number and/or address. I always want to meet knowledgeable persons like you. You can message me your details to +91 9620111844 or write to nrk25dec@gmail.com. Thank a lot for creating this website and providing the opportunity to write here.
>>The only concern is they didn’t mentioned pillows in the initial receipt on the quotation paper with seal and also in the invoice copy but they agreed to deliver pillows along with protector through WhatsApp message.
If they gave a verbal promise about the free deal, then the whatsapp message should be good enough as a written proof of that. It is entirely possible that someone may give a free deal and not mention it in invoice.
I am assuming the purchase is for personal use, because consumer court doesn’t cover business to business deals. Also, you can inform them once via email or letter of intention to file consumer complaint if they don’t fulfil their promise, but it is not necessary to send such notice before filing.
Compensation/Penalty etc for harassment: at least ask for 30-50K.
I have been repeatedly cheated by building contractors while trying to get my construction completed in a timely manner. Can the consumer forum handle such complaints?
I need your help to decide whether to complain a file or not.
I have bought WI5 mobile of a Rajasthan based start up comany WIIO from EBay for Rs.100000. But its display broken before completing 6 months, mentionably without my knowledge and touch is not working.
When i enquired about replacement, they told it will cost Rs.5800. This is not the first time, rear camera and sim slots were already having problem and they repaired with difficulty. So its like i was not able to use the mobile phone much. Now as the cost is too much for replacement, i have asked them if they can do it at lower cost as the product is still under warranty. But they declained it. The display seems like made of chinese material. As i have paid huge amount for the mobile and its not functioning, i want to file a complaint against them for providing such a low quality mobile. Please help me out.
I don’t think breaking of glass can be covered under warranty, but for other issues you can file consumer complaint
I booked a villa in Bangalore by paying 500000 rupees which was promised to me at 53 lakhs by the AGM of Kristal group. Later he was fired because of his false commitments to customer and the MD of Kristal group told me that the price cannot be less than 67 Lakhs. So i cancelled my booking in july 2014. They promised me a refund in written on email within 90 days. Its been almost an year now and they have yet nnot refunded the money. Still they say that we will refund in 30 days whenever I contact them. They gave me two cheques also of 2 lakh and 3 lakh dated march but when I presented it to the bbank, the bbank people told me that its a no debit account. Please help me on how to get my money back.
Regards
Saurabbh kumar
9986722820
False price commitment by employee, and he got fired for that! That’s a new level of ‘sophistication’ I am seeing from the scamming crowd 🙂
>>Please help me on how to get my money back.
Two words: Consumer court. Maybe even a criminal case may be applicable based on facts of the case but I doubt you want to go that route. Anyway the purpose of criminal case is to punish wrongdoer, it can’t get your money back directly at least.
Hi Videv,
Thank you for teh response. So should I approach consumer court or file a legal case. All I need is my money back. Now when I file a case, should I file only for the 5 Lakh or also the interest piece which I would have earned on it in this time. Also should I file them for legal charges as well that I paid to a lawyer for verifying the property papers and documents prior to the cancellation. If you don’t mind may you please call me on 9986722820 or provide me your number so that I can call. Won’t take more than two minutes of your time,
Thanks
Saurabh Kumar
Dear Sir, I bought plot in Bangalore in 2012. Still the developer is not giving all the required documents as part of BMRDA approval.
Now builder is transfering property through GPA, which is illegal mode for transfering property.
Also, the builder is quoting higher price of 500 rs per sqft.
I have done initial agreement of the plot by paying 3,00,000 rupees at the price of 800 rs per sqft. Now the builder increased to 1250, citing farmers issue.
Let me know whether I can go to consumer court.
I don’t know the details of the agreement, but if it is not as per the contract, you can surely approach consumer court
HI Sir,
I wanted to know if we can file a complain on the phone manufacturer company as the phone i bought does not satisfy the requirements that the company promised and advertised,
when i visited the service center they said they have to send the phone to head office and the procedure will take 20 days, and irrespective of all that if they find the fault they are telling me that i have to pay for the damages if required which i disagree to as my phone is still under warranty and i expect them to repair the phone under warranty terms as i did not void any of there conditions which were applicable to do what they had said it will do. please help me out if i can file a complain against the company regarding this issue.
Thanking you
LOHITH
Yes you can file complaint even now. Keep clear proof of what feature etc was promised in advertisement/packaging etc and was not there in actual device.
If any company wants to send a mobile phone to headquarters for repairs or whatever else, I will assume it has plans for you to go on a long chase!
Dear Sir, I am Ashoka K.T. my sister name is Asha K.T, Consumer Number 34261978. We had book bharat Gas on 13th April. today is 13th of May. still we don’t get replies. I called L.V.N Gas many times they are irresponsibility. simply they are going to say. we are sending within 2hours. giving some one number. contact them so and so. after 13 of April i called may be 1000 times. I have proof. and i contacted Mr. Shekhar LVN Gas Manager he is also response like that only. without Gas how to cook? how to complaint them? where we have to complaint. it is LVN Gas address: L.V.N Bharath Gas, #501, 16th Cross, 3rd ‘B’ Main, H.S.R Layout, 6th Sectors, Bangalore 560102 Phone number 080-25729992/25729993 Manager Shekhar Number +91 9916770433. My contact number is 9945319391 (Ashoka K.T)
Gas deliveries are happening within few days… So I can’t say what might be the issue. Filing RTI on bharat gas might be good idea, I am hoping you have some reference number of gas booking to quote in RTI.
I had given a project of website development to Vivanta Technologies (VT, vivantatechnologies.com ) formally on 26th December 2014 with 40% advance amount transferred online into its account on the promise that work will be completed within 20 to 40 days but it has now been more than 2 and half months delay and they have not completed the work. Over that CEO of VT has stopped responding to my e mails and calls past from more than week. Me and VT never got into written agreement as this was a very small project for him and the amount was not very big.
Feb 13th and then on Feb 18th 2015 I had raised concern on time lines in a documented way via email
20 to 40 days time line was supposed to get over on 25th Feb, and the work was not done even half I had mailed VT (22nd and 24th Feb) if they are unable to do it they can refund my money but they asked for some more days.
On March 18 2015 VT again promised that website will be done within 31st March 2015 but they did not complete.
March 31st they missed the time line again and asked for some more days and april got over and its May they stopped responding.
Your option is to file a case in civil court, and maybe in 7-8 years you may get an order in your favour, and then maybe your money hopefully with some interest.
Seriously, it’s no wonder this country is closer to bottom on most surveys on ease of starting a business or doing business.
Hello Vivek,
Many thanks for offering such useful information on such a crucial topic.
I understand that District Consumer Forum helps in cases that are below 100,000 rupees in monetary value. However, where can consumer go for arbitration if amounts involved are higher than 100,000 rupees? Forgive me if this information is already posted somewhere on this site.
I really need this info to be able to engage an arbitrator in a dispute with a big name real estate developer in Bangalore. The amount involved is higher than 1 lac.
Thank you.
Jurisdiction of district forum is upto 20 lakhs, and beyond that up to 1 crore in state forum. I had mixed up the amounts with fees when I wrote the original posts, I have yet to update them.
You can read jurisdiction Section 11 for more details: https://deveshwar.in/the-consumer-protection-act-1986/
I don’t know if you can go for arbitration without going to any court at all. But if you haven’t already you should read the bare act:
http://indiankanoon.org/doc/1306164/
Hi Deveshwar,
I want to approach consumer forum against a reality company emaar mgf for a piece of plot I had purchased in Jaipur. At the time of possession I came to know that there is some legal dispute on the said piece of land hence I asked them for an alternate piece of land as they havn’t been able to provide me with an unencumbered plot. its been more than a year since I have made the entire payments. So I first want to take them to consumer forum for the delay.
The deal was closed in their Gurgaon head office, and I currently I am working in Bangalore. I belong to Jaipur.
Which state forum should I approach in this case?
Regards
Alok
Jaipur or Gurgaon would be better places to file… Either should be ok. But consumer act allows filing wherever the company has a branch. So you can as well file in Bangalore.
Jurisdiction of district forum is upto 20 lakhs, and beyond that up to 1 crore in state forum. I had mixed up the amounts with fees when I wrote the original posts, have to update them.
You can read jurisdiction Section 11 for more details: https://deveshwar.in/the-consumer-protection-act-1986/ It clearly allows that complaint can be filed where OP has a branch office.
Hi,
i have done transaction through IMPS 10,000. received reference number from bank.
but beneficiary not received the amount and sms , i have taken his statement it was not showing any transaction that day, initially i given complaint to Customer care they said it will be added to your ac within 48hr,,, after 2 days they said it was transferred same day of transaction….! both banks are not taking responsibility..
what i should do next ….?
Banking ombudsman is good option, already given on site
i had book a trimmer on 2 april and askmebazar send me 3 bulb led combo (wrong order) on 11 april and trimmer has not send till now .i had complaint against this but they dont give responce and i have waist my so many balance on this number +914444444444.they do not get back wrong order.what should i do
I have listed multiple options on this site you can try ….
I haven’t heard of this online retailer, I wouldn’t venture easily into trying out new retailers which have popped all over the place.
I Jyothi worked as a center head in Ego Wellness from September 2014 to Nov 2014 they have not paid my salary on DEC 15TH I have left the company. When I asked about my salary they said they will be paying me full salary for September month and Oct and Nov they are going to pay me 50% for this also I have agreed still they where not paying me the salary again they came up saying they will pay me 10k on Monday of every week they did it for 3 Mondays and stopped it again I have called them but they did pick my calls.
I have shared my problems and medical bills on whats app still she did not reply back. I went to my office loacation and also the head office still I cannot able to meet madam there so request you to help me for getting my salary.
Head office
Ego Wellness:
No.4009, Beside Barbeque Nation Restaurant, Indiranagar – 560038
I worked in below location:
No.4/1, Sadashivanagar Main Road, Sadashivanagar, Bangalore – 560080, Opp place grounds.
This is nothing a consumer court can help you with. Try to recover whatever you can, while you can, because the way I see it such firms soon go under and the ex-employees are never able to get their full dues back.
Hi Videv,
I bought a laptop from snap-deal and the very next day I found out that the keyboard stopped working. When I checked the warranty, it was showing from June 28th, 2014 even though I bought the laptop on April 13th, 2015. when I contacted snap-deal they are ready to replace the laptop, but i feel this is a case of cheating as they promised a genuine brand new product. I am not looking for a compensation, but I want an answer for such unjustifiable behavior from such esteemed firms and I believe I am not the only one who might have faced this issue.
Regards,
Akhil
A firm may be esteemed or not so esteemed, but if you have a genuine issue you can file complaint against them. I think this is something similar to what I have heard that online retailers buy discontinued laptop products, and give their own warranty rather than manufacturer’s warranty, who has probably discontinued the model in India or doesn’t even sell it in the first place. Unless there are flashing warning signs about this on product buying page, this is a highly dubious practice if it is happening.
So you can go ahead and file complaint.
Hello Sir,
I had samsung grand 2 mobile whose glass broke after it slipped from my hand. Inspite of that it was working very fine ……I went to a mobile service called totoodo based out of malleshwaram . Its a smart phone service center . http://www.totoodo.com/ .. He repaired the mobile and charged 2900rs for that..Nxt day I stated using the mobile and found that the mobile had started hanging…Screen shot not working …..I went to the service center and complained that b4 I gave my mobile for repair everything was fine but now except the touch panel mobile and camera both are not working..He said he had not done anything except replacing the touch and it probably needs a software flash..It may be because of virus and told its will cost 900 extra. My issue is my mobile went working wrong only after the repair was done. The technician there dint seem to have a through knowledge about the mobile functionality and must have mishandled it . I feel I have been cheated…Do I go to the consumer court ..Can this issue to worked out there…I want my mobile back into the good working condition as it was before.
Please suggest..
Regards,
Jyothi
You may try but it seems difficult to prove what exactly happened at what time, and what was the cause of the problems.
I am customer of BSNL Broadband services for just over an year now (14/04/2014). When I got the service, they came with a guy who sold us the Modem ( supposed to be an outside contractor working with BSNL) and BSNL had configured the modem for my phone number in it. This person had given his phone number to contact in case of issues with modem and he told us that modem is under warranty for an year (13/04/2015) .
I never had an issue till March 31st 2015. Suddenly on that day, my internet stopped and I raised a complaint on http://selfcare.sdc.bsnl.co.in/ regarding the same. They came and checked the phone line, which was not the case, and closed that it is working fine. Still internet was not working at all. I raised a complaint again on April 01st 2015, quoting it is not the issue with the telephone, but broadband. After several followups, SDE coming to our house to check, visiting her office, they fixed the issue on April 06th saying Modem is at fault and told me to get the modem replaced from the vendor who had supplied it, if it is under warranty(13/04/2015).
I called him and told the issue and he told that he will come and replace it. After that call, I tried reaching him several times, he never lifted the phone till the warranty ended. I raised the complaint with BSNL regarding the same on 14th April 2015 again stating that the person is not lifting the phone and modem is not replaced yet. I had infrequent breaks in service because of this.
They closed the issue again without checking the modem. I raised an complaint again with BSNL on 17th April 2015. Since 18th April 2015, there is no internet again.
During the periods of non availability of internet, I had to go to Starbucks to attend calls, or visit my brother’s place. I am typing this comment sitting in Starbucks.
I have sent an SMS to the number of person who gave the modem, the person who comes to check the issue, and SDE who helped to fix the issue, stating that I am filing a complaint with Consumer Forum. I have call log of calling the person who gave modem, the person who comes to check the issue and SDE on my phone and my other phone. I have not heard from any of them as of today on the fix, or replacement modem. I plan to take the modem to BSNL office on Monday and give it to cancel the service altogether.
Please let me know if I have a case. I really want them to pay for the days of missed service( which I was not planning to claim), free replacement of modem, and all the money I had to pay for working out of Starbucks and travel, and pain it is causing me for something which was supposed to be handled without so much of fuss.
If modem is not from BSNL, then the liability is on modem supplier. If it is from BSNL, then it is easier to get BSNL into accountability loop. You can try filing complaint, and ask for whatever compensation etc you ask for. Bills for starbucks will help provided you don’t ask for the coffee reimbursement 🙂
Dear sir,
I have a complaint with Univercell mobile.
I had purchased a LG N90 mobile costing Rs.17300/-.on 22-Jun-2014 in univercell mobile @ basavanagudi branch Bangalore. at the time of sales UNIVERCELL mobile has committed, will give a offer of 1 year free insurance of physical damage and thefts. Based on the commitment I purchased the mobile.( I have a invoice copy and insurance copy – Pick me india- external insurance service provider of UNIVERCELL ).
Unfortunately, In the month of March-15, while coming from office, in a small accident my mobile screen got damaged. same day I visited the store and update the same, they suggested to call pick me India calls center and register your request. but pickme india is not connecting, after the repeated follow-up, I received a feedback as “your details are not available in UNIVERCELL data base, you have to reach out store for further action.”. next day again I visited store and updated the same. now they refused, and told you are not registered in online after mobile purchase. and refuse to help.
After several time story visit I wrote a complaint in UNIVERCELL website. they called me and asked the details of invoice and insurance copy’s. I have shared the details. after 2- 3 days reverted your issue is registered and pickme india will call for verification. but still not received any update from Univercell and resolved so far..
I am really fed-up with the service of UNIVERCELL mobile. Because of these I am not able to use phone from more than a month. Can I raise this complaint in consumer forum? if yes, what are the details I need to produce in the forum.
Thanks,
Arun H
You can file consumer complaint
Thanks Videv,
can you help to know the process and documents I need to submit while raising a complaint?
It’s already there in the posts, and in many comments
Hi Videv,
I have a complaint with TATA Sky. With their recent advertisements round the corner regarding the system upgradation, there is no signal in the set top box since last 10 days.
Repeated complains to customer care has not helped me. They just say that my request is on high priority and the issue will be resolved ASAP. However, its been 10 days and still I have not received any call from TATA Sky to resolve the issue.
Also, I need to wait in queue on call for at least half an hour before the call gets connected to an executive. I believe these calls are not free of cost and my telecom operator charge me for these calls. When I tried giving a miss call to the number which they flash in their advertisement (08899888998), I get a sms saying my number is registered with multiple users whereas I have only 1 TATA Sky account.
I lodged a complaint through TATA Sky facebook page as well as through an email but still no resolution to my issue. It seems like they are least bothered about the customer grievances.
Please let me know if I can approcah District consumer forum and file a case against TATA Sky.
Regards,
Sandip
Yes you can approach district consumer forum, and I really wish someone does so against Tata sky. Tata sky and Airtel were the two main persistent problem creators which prompted me to start writing about consumer issues, because I realized that only one person filing consumer complaints is not going to solve problems — these companies take customers for granted taking advantage of slow legal system and lack of awareness of consumers!
Right now I am not tata sky customer since I have the settop box lying unused, and don’t intend to recharge it either in next few months.
Hi Vivek
What is your view about Net neutrality ? I was going through the TRAI website and other related media. Is it not monopoly and dictatorship by the telecom operators to further maximise their revenue. I have registered my bit by logging my protest at the various websites
Consultation Paper on Regulatory Framework for Over-the-top (OTT) services
Date of Release : 27/03/2015 Consultation Paper on Regulatory Framework for Over-the-top (OTT) services. To Be Closed on : 08/05/2015.
Stakeholders are requested to send their comments
preferably in electronic form by 24th April, 2015 and
counter comments by 8
th May 2015 on email id
advqos@trai.gov.in. For any clarification /
information, Shri A. Robert. J. Ravi, Advisor (TD &
QoS) may be contacted at Tel. No. +91-11-23230404,
Fax: +91-11-23213036.
http://www.trai.gov.in/WriteReaddata/ConsultationPaper/Document/OTT-CP-27032015.pdf
Thanks
I haven’t read about it in any detail… Will try to read later and send them my comments by email. There’s still time till 8th May.
No Problem Vivek take your time !! Reading your views / books is always enlightening and knowledgeable. You have an amazing logical, abstract articulate writing skills and immense knowledge base.
Regards
Sub: Missed my international flight as the taxi didn’t turn up at the booked time.
I booked a taxi in utaxi.in on 29-Jan-15 at 2:00 AM but the driver that is supposed to come for the pick up didnt attend my call even 30 mins before the arrival time and hence I called up the office at around 1:45 AM. I got a cab at 2:15 AM but the cab could not start till 2:30 AM and it was in very bad state. It was completely damaged Tata Indica with all possible patches and certainly had a lot of accidents. Moreover the driver said there is no fuel in the car soon after it started. We live near HSR club. The cab started from HSR club and he went towards the ring road till Bellandur singal looking for a Petrol pump that is open. We found so many closed petrol pumps on the way. I could not get any other cab as I didn’t have any other cab numbers. I was not living in Bangalore and so not familiar of the reliable cabs to airport.Then the driver took off to BTM layout searching for the Petrol pump. We found one but the cab stopped even before we reached the station and the driver got some petrol in a bottle twice but the car didnt start after that. I got off the cab and found another cab on the road. The driver said he is from Meru cab and hence will charge us as per their price. As we reached the airport @ 3:40 AM but I found that the check-in counter of Etihad airways by which I had to fly was closed and hence returned back in the same cab. My flight was at 4:20 AM but there were none in the airport who can assist me with the check-in and I had to return. I spent Rs.30,000 /- extra to book another flight just to save Rs.1,000 /- on the taxi fare. Along with the money, I lost one full day in getting in touch with the airlines for re-booking and a lot of tension due to all these. I dont have a credit card and hence had to go to UB City where the Etihad airlines office is present. My parents are more than 60 years old and they had to also undergo so much of tension due to the mistake of utaxi.
I tried to get in touch with utaxi multiple times but they are least co-operative and said they cant do anything forget about the refund of my ticket price. I wrote multiple emails but there was no response. Can you please let me know if I can raise this complaint in the consumer forum? I know Meeru and other cabs actually refund the air fare if they cant turn up at the time of the booking as per the policy. I have got proofs of the SMS and flight tickets that was booked originally and re-booked after missing the flight.
Two more people have already posted comments earlier; who have missed their taxi and had to pay heavy price in term of money or lost opportunity. Even I have become very cautious about ordering taxi etc after reading such experiences.
You have to approach consumer court, since they have raised their hands absolving them of all responsibility… that’s the only option now. If other companies have such policy of refund of air ticket, take screenshot of their website policy so the court will know that it’s not anything unusual.
I saw a name of a company of bangalore in website of indiamart ,manufacturer of electronics goods and had phonecall with them and send RS 5000/ before one month, but they are not sending the article yet. i have bank chalan no for money transaction , can i apeal to cnsumr court in siliguri (WB) as i am from west bengal, pl reply thanks, baidyanath.
I am not 100% sure if you can, but since it is an ecommerce transaction and they took the order for delivering in siliguri, then there is a possibility that consumer forum in siliguri can be approached. If they have branch office in Siliguri then definitely you can file in siliguri.
No harm in approaching, at max they will let you know what are your options.
Hi Deveshwar,
I had to file a consumer case against Vision Express, a spectacle dealer from Reliance Group. Now the value of my spectacle was Rs. 8500. How much compensation I can ask from them for the problems with the product and now they didn’t even returned the product after rectifying the problem. (It is already 5 months since I am waiting)
Chandrashekara N
I suggest add an amount from 20K-50K of compensation at least on top of the product/service amount.
Thanks, will update on the case progress.
Sir,
This is regarding the medical equipment industry. After buying a diagnostic radiology equipment from a reputed company ( the terms regarding annual labour maintanence contract and comprehensive maintanence contract rates were fixed during purchase). Due to competition and very high rates for comprehensive AMC ( more than 16 lakhs annually, which covers every part) only the lamour AMC has been purchased. Now we find that when a very small part fails also, they are charging excessively for the same ( more than 4 lakhs ). No guidelines for the rates are fixed and they change it as they want to. We fear that if a bigger part fails, they may charge anything/ they may delay supply of part and we wont be able to run the machine itself ( they want us to change to comprehensive AMC which is over 16 lakhs per year).
Is there any restriction to rates of spare parts compared to the total cost of machine or is it that the company can decide the rates of every spare parts so that the cumulative value for the same may be more than ten times the cost of equipoment.
Can we file a right to information ( RTI) regarding the cost of spares so that we can take an informed decision to go for comprehensive AMC?
Can we file RTI to know the time of supply of parts to people under comprehensive AMC? ( as they may wantedly delay the supply of spares as we are only under labour AMC).
Further the company fixes rates for same machine differently for different people. Is it not mandatory that rates should be regulated/ fixed for medical equipments?
Being a doctor, I had these queries not knowing who to ask. Seeing this site, I am looking for some answers. Even if its beyond scope to reply, do let me know.
Thankyou sir.
RTI is applicable on government or government funded organisations.
Regarding high cost of spares, if it can be proved that the spare parts are unjustifiably priced much higher when taking a sum of parts and comparing to total product cost; then it’s clearly a kind of price gouging.
However, since it is used in a medical profession, it won’t be taken as a consumer case but business to business. My suggestion is to interface with medical bodies to negotiate and put pressure on the equipment suppliers. Maybe medical groups can publish a blacklist or avoid buying list of suppliers.
Hi,
I found a strand of hair in one of the tea bags, is there any way i can claim a compensation.
Thanks in Advance
Dear Sir,
I am from Bangalore, I have taken country club membership last year Feb 2014 in Koramangala office. The marketing team never told me once the membership money paid that is not refunded in any circumstances. Also they did not tell that I have to pay yearly maintenance charges for using the club. I was under impression that one time payment of Rs 55000 will be enough for life using the the clubs. I paid the money of Rs 55000 and also signed the agreement. After going home after reading the agreement carefully I came to know that I have to pay the maintenance charges every year. Due to personal and financial reasons I decided not to use the club membership and called next day and inform them to cancel the membership and refund my money back. Now they are telling that ,, the money will not be refunded, I did not use the club facilities from day1 and requested many times but answer is same. Please provide your advice for the same.
Thanks,
Sampath Dudekula.
I don’t know what is about country club that everyone shells out 40-50 K for them, and then reads the terms and conditions only after getting back to home! They must be masters in this kind of marketing.
You can try in court that they did dishonest marketing, but usually it’s difficult to prove when you yourselves sign on something without reading it.
DEAR Sir,
Request your guidance with my issue below
I bought a mobile handset MOTO E manufactured by Motorola and sold by Flipkart (sole seller in India)
Dated 16-2-2015. delivered 23-2-2015.phone have many manufacturing defect. i was replaced this phone.flipkart again send me brand new phone .but .phone have many manufacturing defect.
i was return it. return successfully on march 16 2015.after return flipkart told me that refund amount credit your bank within 8 working day .promised date 23 march 2015. i was check bank statement amount didn’t credit my bank account .after this i was contact to flip kart customer care .promised dated again extended 26 march 2015. i was check bank statement amount didn’t credit my bank account. after this i was contact to flip kart customer care,.promised dated again extended 29 march 2015. again same condition.promised dated again extended 31 march 2015.again same condition.
promised dated again extended 4 April 2015.again same condition, promised dated again extended 8April 2015.again same condition .promised dated again extended 11April 2015. Pl suggest me thank you
I hope you have written/email confirmation from them that it will be refunded, and not just an assumption. Verbal/over the phone has close to zero value in my opinion.
They have given certain instructions to their customer ‘care’, so it’s up to you to file consumer complaint or not.
Thank you for your advice. i will be contact with you soon
Dear Sir,
I was going through all the cases in your blog but did not find much on real estate cases. Need your suggestion if I have a strong case here.
I had bought a Flat in Hyderabad from reputed builder by paying an initial amount. They took their own sweet time to send the legal docs for verification and since I also needed some modifications in the plan it took almost year to make the 20% down payment. I have already sent an approval for the Agreement 6 months back and I have a mail on 27th Mar, with deadline of 10th Apr for the loan disbursement.
On 28th Mar, they send me a cancellation note on reasons of delay in payment and agreement signing.
I have requested, pleaded them not to do that but they are adamant on their decision and on top of that they are refunding me the 20% back after deducting Rs.50,000 from the total amount.
My guess is that they are probably getting a better rate for the same flat and hence cancelling my booking.
I want to fight this out to get back my Flat ( and not a money refund) as I have all documented proof in mails, payment receipts to justify my points.
The only weak point for my case is that, while booking, there is a T&C clause where it states that the Builder can cancel the booking any time before the agreement signing without giving any reasons.
Do you think that the builder has a strong case just on the basis of that one clause in spite of me having mail and physical communication with a deadline of payment before which they have canceled my booking.
Thanks
Ankita
First of all, there are many real estate cases on this site posted by users.
Now it’s not clear whether there was actual delay by you or not in making payment on schedule. If delay, they have a stronger case.
Otherwise, I don’t think their one-sided clause of cancelling booking without reason has much merit, since if they are holding people’s money for a while and earning interest on it, they cannot make a one-sided contract to cancel it anytime without compensating the customer in some way for the interest they have earned.
Main thing is did they take an amount at booking and how much? Even if it is only 5-10K, they can’t cancel contract unilaterlly without compensating customer in some way, whether such a clause is there or not in contract it doesn’t matter. It can be argued in consumer court easily. A contract is never a one-sided affair. The higher the amount and higher the duration they kept your funds with them, stronger will be your case.
I had availed of a loan for my home and have been regularly paying th EMIs. The rate of interest has been raised twice. The loan was for a tenure for 180 months. Now I have recd a letter stating that the tenure is 268 months. I have the agreement stating 180 months. Please explain if such a clause can be implemented and the tenure increased. I would also want to know if the consumer forum can be approached with this case and ifnit will be taken up
Thanking you
Eugene
If the rate of interest increases but the EMI doesn’t, then the tenure will increase. That’s just the maths of interest rates and EMI/principal payments.
You can confirm by reading the contract terms. It will be mentioned there. Usually they don’t increase EMI because if they increased EMI to keep tenure same, people will say we can’t pay that much based on salary. But you can keep pre-paying principal amounts in between to reduce the overall tenure.
Hi. I would like to give a complaint at consumer court. I don’t know the procedures to follow up. Could any one can help me.
Procedures and template are already given, and many people have successfully filed complaints already.
Sir,
Request your guidance with my issue below ;
I bought a mobile handset Google nexus6 manufactured by Motorola and sold by Flipkart (sole seller in India), The handset fell from coffee table (not more than 1.5 ft tall) and the screen is completely shattered. this happened in 3 rd week of Jan 15. I immediately contacted Flipkart who asked me to contact motorola service center and Motorola S centers said they dont have the required spare part and they had no idea when would the spares come to India. Since then I have been talking to Flipkart, Motorola and Google.
Flipkart: is responsible as they are the only sellers/retailers in India, They also need to ensure service and address consumer issues.
Google: is responsible as the product is designed by them, if there is flaw in the product it is Google`s responsibility to compensate the end user.
Motorola: As a manufacturer it is the responsibility of the company to provide repair service to consumers in time and also to maintain address consumer issues. Company was contacted in many ways ; telephone, Internet chat, emails, twitter etc. only when desperate consumers started talking on twitters about the pathetic service of motorola , company started contacted consumers who had tried talking to them earlier. and only sentence the representatives say is that the replacement is not possible in India and as the spares are not available they cant do anything now and will have to wait for some more time. it is already 2 months and don`t understand how long. When I contacted Motorola USA office thru online chat they said I will have to deal with Motorola India only, which is not responding.
If motorola is selling product in India directly or indirectly it is its responsibility to provide after sales service as we are talking about sophisticated electronic devices and not rocks or cements.
If motorola is not able to repair it should replace it free of cost or refund the entire amount. I agree that it is a physical damage which may not be included in their warranty but as the company as failed to repair within a decent period of time I feel I need full refund.
Pl suggest , how to take this forward.
I think you are going overboard with lining up every company as responsible for one mobile phone. Motorola mobiles may be part of google now but only the manufacturer motorola is responsible. Retailer has nothing to do with the product issue you have, so you can leave flipkart out of this issue.
If they fail to repair you can approach consumer court. Though I may add I got local replacement of galaxy note 2 glass (cracked not shattered though) at somewhat cheaper price. Company replacement however will carry a company warranty for replacement too, and lesser risk compared to local service shop.
Dear Sir
I am located in Bangalore and seek your advice and guidance on the below matter..
In 2009 I have availed a Credit Card from HDFC Bank, My Credit Limit was Rs 20,000 and in a few months time I had used up my credit to Rs 18,000/-. From 2010 till October 2014 ( over four years I have regularly been paying the minimum monthly due without fail. In October 2014 the Bank asks me to make a payment of Rs 60,000/- towards settlement. As a consumer I asked them for a Statement showing my payment record , from the date of issue of the card and they told me that it was not possible for them to give this statement. From October 2014 to date the amount they are claiming from me is Rs 80,000/-. Again on my request to please give me a Statement of Account on my Credit Card they inform me that it is not possible since they do not keep such records. Since they have already received over 300 times the amount through my monthly payments I strongly feel that they are overcharging me and either waive of the dues they claim or give me a big reduction in the amount.
Sir please can you advise on the above matter. Can I approach the Consumer Forum in Bangalore on this issue,
warm regards
creswell weightman
>>From 2010 till October 2014 ( over four years I have regularly been paying the minimum monthly due without fail
Which is not the same as paying the full dues, so you must have been accumulating compounding interest on pending dues every month.
>>Since they have already received over 300 times the amount through my monthly payments I strongly feel that they are overcharging me and either waive of the dues they claim or give me a big reduction in the amount.
In absence of statements with you, I think you are going into decision making using the “I have a strong feeling” which need not be applied to something as cold and hard as credit card bill statements. Regarding reduction in amount, it is totally negotiable and I would say there is nothing as a consumer that you can demand as reduction.
I suggest face the reality, first get the statements, and then check whether there is real overcharging. Putting that data into a spreadsheet can help you with that if you know basic formulas of interest calculation etc. If you think they are deliberately holding statements from you, complain to banking ombudsman. Also check their cardholder agreement and RBI basic guidelines all credit card providers are bound by. If it says credit card issuer has to give statements on request (they may charge for it), then they have to provide it.
Thank you for your advice…I will approach the company and make a mutual settlement with them.
thanks again
creswell
In India, consumers don’t know how to get their complaints resolved easily and quickly by filling the complaint in consumer court. As the Bangalore is the silicon valley of India and consumer face a lot of issues with services and products there, so this guide makes them aware of how they can use their consumer rights to resolve any issues with brands. Thanks for this awesome post.
Dear Sir,
I got an apartment booked in Bangalore. This apartment which is four floors high stands on a 2400Sqft plot. In the registered sale deed, it has been explicitly mentioned that the elevator/ lift will be either be Kone or OTIS. I was shocked to understand post installation that the lift is of neither Kone or OTIS brand…and to top it all a locally assembled non branded lift. Further more all basic safety systems that a lift should have has been compromised upon. Third party certificate is also absent.
This lift got installed two weeks ago. It seem to be giving problems already. What should I do and where should I go to have my concerns addressed.
You can very justifiably file consumer complaint court, based on the fact that the promised brand in contract/sale deed was not installed. You can add about the problems already with the installed lift, though I would mention it for a magnifying effect rather than being the core of the complaint.
It is even possible for few owners to file complaint together against builder, it is given in consumer protection act.
I can say from experience in my own building that there is huge difference in performance and maintainability between well known brand lifts and the others. Compromising may be in nature of Indians but if the residents keep quiet now they will have to suffer the effects for many years to come unless you upgrade which maybe very costly.
I am currently working in Bangalore as a software engineer.
I went through a surgery at one of the big hospitals in Bangalore for a minor problem on 31st Mar 2013. The doctor did the surgery in a wrong way that it spoiled my life, career completely. The damage is irreversible/ irreparable. I go through lot of struggle and pain every day. I am just 33.
I want to take the doctor and hospital to the court and sue them for the damage they have done. I do not have any idea where i should start this, to whom should i contact. I want to take this step because i have a family to be taken care of and my condition is challenging to go out and do any kind of job.
I would like to take your suggestions on filing the case.
Sorry to hear that.
Filing complaint of medical negligence etc is always possible. You should be prepared for longer duration since my guess is they will contest it and appeal each stage of verdict. But in general consumer courts move much faster than others based on my observation of the procedures there.
http://www.thehindu.com/news/national/kolkata-hospital-3-doctors-told-to-pay-rs-596-cr-for-negligence/article5268364.ece
Hello sir/madam
I have an issue with my rented neighbor who resides on ground floor. Our locality has closely built 30×40 houses. My neighbor has put AC in his home, let him enjoy it is wish for which I do not have any problems but the the issue is he has placed the AC condenser above on one of his window’s sejja (I do not know how to translate in english). This causes noise at night which disturbs my sleep. I kept quiet all these days and I ignored it but now I am not able to tolerate it. Both the owner of the house and the rented fellow are just plain crap who are always ready to fight and are very rude. Request your help on this matter. This issue might seem silly but it is causing lot of trouble. Ideally if you ask me they should keep the condenser above house so that noise is washed off. Kindly help on this matter. I am so frustrated and irritated to see myself in this hapless condition, not able to either tell them nor do anything and just go through this torture everyday especially during summer season
This is not a consumer case but I will give some comments since you posted:
>>Our locality has closely built 30×40 houses
I am guessing in violation of the setback laws to ensure adequate spacing between houses.
If the AC makes normal noise like any other AC, then the AC is not the culprit; the close placement of houses and maybe AC being close to your window are. Unless the AC is placed on your property or in your ‘airspace’ I doubt there is much that can be done by using the law.
If you complain about houses having been built without proper setback, then it may solve a small problem by creating a bigger set of enemies for you in the whole neighbourhood.
Maybe there should be a general law on how much noise in dB can be allowed during night hours (and day hours too). There is some law about loudspeaker usage in night but not a general law on noise pollution I think.
Hello sir,
I had filed a complaint against Micromax company in Aug 2014. Today finally the court has asked me to get a wtitten argument. Can you please tell me what a written argument is? How do I make it? Is it possible for me to make it? And what are the other documents or things that I have to mention im the written argument?? Please help me, I have to submit it on 19th March
After both parties have given their evidence, the arguments stage is the one before final order.
Written arguments means you give in written format all the arguments which favour and strengthen your case, and point out weakness and negatives in OP’s evidence. Basically now you have to give reasons and arguments in favour of your case based on your evidence, and point out weaknesses in OP’s evidence.
Once both parties submit their written arguments, in next hearing court will pronounce the order, and you can collect the order copy.