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.
Anil says
Hello Vivek
Please suggest which is better Redmi prime 2gb ram, 16gb internal, snap dragon 400 quad core, 4.7 inch, 8MP & 2mp or microsoft lumia 540 1gb ram, 8gb internal, snapdragon 200 quad core, 5inch screen, 8MP & 5mp in terms of durability and longevity.
Thanks
videv says
The comment is not relevant to the post… anyway I wouldn’t know for sure which is better, one is android other is windows based. But coincidentally, just few days back I bought a redmi 2 prime based on good reviews on all 3 big ecommerce sites. It seems decent for the price though not very great in looks. 2GB ram and 16GB is good because after loading apps, 8 GB becomes a constraint and one has to install extra SD card but it’s a hassle to keep moving apps to the SD card, so I would filter out less than 16 GB phones.
Anil says
Thanks Bro !! I also read the reviews on different e commerce website. but still if something is related to technology, holistic knowledge (all rounder) , abstract reasoning (legal) your name comes to mind. Your input always give me confidence in taking the right & final call, doubly sure and secure!! 🙂
Thanks Bro !!
Thank you !!
Envy Rajan says
Am a small business owner. Bought a laptop for Rs 35000 from DELL recently which failed within 30days. Subsequently, within further 45 days, the laptop failed two times causing significant strain to my business and family. Hard disk, mother board, hard disk cable, memory and Operating System have all been changed. Some of these have been changed more than once. I have demanded replacement as well as compensation. DELL is doing everything to push me to live with the current laptop repaired three times by raising impediments like we will not pay compensation even if the consumer forum awards and we will contest, we will need to take away your laptop immediately and replacement will take 3 to 5 weeks replacement etc, consumer forum would take time. Apart from challenges with DELL product, the attitude of the DELL service staff throughout this experience when I was asking for practical assistance to manage my business when laptop was under repair has been – we do not have this facility, our policies do not allow, no such customer accommodation has been done before, we cannot set a precedent, and not at all sensitive to customer difficulties and inconveniences. There have also been discrepancies in communication re replacement of parts with contradictions between various DELL representatives like DELL Technical Support, DELL Authorised Service Centre, DELL Authorised Engg belonging to third party company eg HCL visiting site resulting in my loss of trust in the people, what they intend, what they do and what they say.
Although, I have engaged a lawyer, I am obtaining opinion from an expert like you who has experience in this area – Do you think I can realistically file a Consumer Forum case and achieve replacement and financial compensation in reasonable time horizon? What could be the range of time horizon and range of financial damages I could get awarded?
videv says
Won’t come under consumer court since it’s for business use. I’m not sure if you can’t trust lawyer then what can an ‘expert’ like me advise! If you don’t know law, talking to multiple lawyers will only confuse you even more. I am not 100% sure whether lawyers are to blame or people.
Raghavendraa H Rao says
Hello Sir,
This is the first time I am thinking about filing an issue. And the inputs provided here has helped me get good information.
Sir my car is three year old and is under extended warranty. Yesterday it broke down and the service center guy tells me there is hole in the outer covering of the gear box unit and they are checking if the entire gear unit needs to be replaced or only the covering. And if the entire unit needs to be changed, i will have to spend around 50 to 60 thousand.
I was told it will not be covered under extended warranty because the hole might have occurred due to some stone hitting it. I am of the opinion that it cannot be possible that a stone hits a heavy metal cast unit and create a hole. Which if true than the part is of sub standard quality.
Sir, do you think i should be taking this up with consumer forum or as your post suggests try with online/toll free number options.
Thank you for your time.
-Raghou
videv says
It’s a technical issue so you can file complaint to consumer court, but it will have to be proven somehow that such a hole can’t arise during normal usage. If you can prove it using some online data etc well and good (even indirect data may help like strength of steel/metal vs force of a stone etc), else I can’t say how court can decide on this without calling some expert mechanic or car expert as witness to court to give expert opinion on this.
H Raghavendraa Rao says
Thank you very much for your response sir.
Ravindra says
Hi I had ordered mi4i mobile from Flipkart during the offer period @ discount 4000 less and also purchased the accessories for the above set from mistore after opening the set I found that it was defective n raised a replacement request but Flipkart denied to replacement saying there is no stock for the replacement purchased during offer period and they refunded the amount against my wishes bcoz of that I am very upset and request them to pay 700 spent for accessories but denying now where to file complaint I am in Kalburgi
videv says
You can file complaint in nearest district consumer forum which covers Kalburgi in its jurisdiction.
Rashmi says
Respected sir,
I am a student from place X and I approached a software company for internship my program. The company specified that they will be charging rs.25,000/- for the same . I managed to pay the amount completely on 12/8/2015 and started to attend the office from the same day. But then there was no proper coaching. On questioning about this they asked (forced) me to leave the company and told that they will be refunding rs 20,000 by the end of October that too in two parts and adjust the remaining 5000/- for the inconvenience cost. But until now they have only transferred rs.5000/- to my account as the first part after so many calls and mails from me and now they don’t answer my calls nor the emails.
Hence I have decided to lodge the complaint on this company. But I have doubts I have following matter.
1) As I am from place X and the company is in Bangalore. Where do I file the complaint? Is it at place x or at Bangalore?
2) If in Bangalore then, as I am student staying far away from Bangalore it would not be possible for me to attend the hearings as I need to attend my college starting January so can a friend of mine follow up the case on my behalf?
Thanking you
Rashmi
videv says
Complaint at Bangalore or at place where company does business. A representative can file case and follow up.
Seshan Sarma says
Thanks for an amazing article. I’m getting ready to file a case against Emirates for detaining me in Dubai on my way to Cape Town. While they apologized and put me on the next flight, I have to pay hotel charges for the night I was detained.
My question is – Does consumer forum accept pain and suffering as a cause for monetary damages? And if so what should the amount be. We as a family really suffered in Dubai.
Thanks
videv says
Yes, along with hotel charges, you can claim for mental and other suffering. Amount can be whatever you want to claim, though it can’t be out of touch with reality.
suneel maurya says
Sir purchased Sony power bank ..by whaaky.com by online ..but they delivered me defected itom and I mail them for replace or return this itom ..but the not replying me and also I called them alots of numbers but there computer voice comes that wait for moment …..
So sir please guide me that what I do……..????
Pramod says
I had taken a flat from a builder (Banutej of Ashirita’s). Post the initial verification and payment, when I went for a bank loan, I got to know that the building plan is a fake. I verified the same from the BDA office and then decided to cancel the purchase. The builder got a cancellation form filed and took back the agreement (of which I have a copy). He issued post dated checks for the amount (about 30L). But after 3 months his checks are bouncing. Now he says he does not know when he can give the money. Can I ask for a stay on the building? How can I force him to pay me back soon?
videv says
You have option of filing cheque bounce case too, whether this will force him to pay I can’t say.
Maheswaran says
Dear Sir,
I bought TVS scooty zest bike in 4-sep -2015.After first service I got lot of problems like petrol leakage, frequent off and starting problem post bike got off. I went to TVS showroom and reported the problem on 2-Nov-2015 they did something it started working till I go home and again problem started. Next day 3-Nov-2015 I went to showroom they replaced one spare part (tube and nob connected between petrol tank and corparator),I was not using bike on 4-Nov-2015. I took the bike on 5-Nov-2015 frequent off and starting problem happened again.
Now I request your suggestion to take this issue to court or still check with showroom guys.
videv says
They have to fix it properly or give a replacement, for which you can file consumer complaint if all else is failing to work.
Smruti says
Hi Sir
Last year I gave money to an immigration consultant at bangalore to file VISA application for me. They said that they have experienced attorney with them, who will help to expedite the case. Its been a year and there has been no progress in my case. Later i found out that they have no attorney but few immigration agents. They have taken around 136000 from me. Now they are only giving me future dates for refund. Its been more than 6 months. They are telling me even if they initiate refund i will get some 20-30k as most of the amount will be deducted as part of service charge and tax. I am not sure whom to approach. I am not sure how much to pay as Service charge or tax in case that service is not fulfilled.
Thanks in advance for your time.
Regards
SM
P.S: The name of immigration consultancy is XIPHIAS, Bangalore.
videv says
You have to go by what they promised and what they delivered. If they didn’t deliver then it’s deficiency of service and you can file complaint to recover the money.
shiva says
Sir,
in benglore one of super market charged 20rs more than MRP ,can i post camplaint…
videv says
Yes I guess so.
S.P.Singh says
Dear Sir, Warm Greetings…!!!!
Recently i had traveled to Mumbai on my official tour. to pay my bills,i went to a Citi bank atm to withdraw cash as i could not find SBI ATM near by.
I requested for Rs.2500/-,But,was shocked to see the Transaction getting declined,Stating “Insufficient Funds” in my account,by this i was almost to faint and many unwanted things started crawling in my brain with fear,,feeling like if anyone has withdrawn money from my account by hacking.
after this i visited an another ATM of Kotak Mahindra,requesting to withdraw Rs.2500/-,there too i got the same message of “Insufficient Funds” now this was a big shock for me again i tried checking my balance,even that it declined.
As it was quite late in evening,no banks were open.hence, i decided to search for a SBI ATM,at last i found one. Praying God,i inserted my card with my pin & requested for Rs 2500/,immediately the ATM dispensed the said cash,after this i was in much relief,and again with a big shock,i received messages stating Rs.17×3 times was deducted from my balance through Citi Bank & Kotak Mahindra Bank for using their ATM’s.
Just need to clarify from you,is there any new guidelines from RBI for transactions done in Non-bank atm’s,apart limited transaction per month..??
Can i approach Consumer court for filing a case against above said Banks for not dispensing the Amount,even when i had sufficient funds in my Account…??
Can i demand for a Compensation as it could been a fatal to my health,as i was far away from my home town..as i was almost getting a heart Attack..???
If Yes,How much compensation i can demand…???
Waiting for your Precious reply with your guidelines..
Thanking you.. Yours Sincerely..
S.P.Singh
Bangalore
videv says
There are some limits on number of other-bank ATM usage, that you can check online easily for latest guidelines. The charges may be right.
But if funds were there and ATM said insufficient funds, that surely falls under deficiency of service and you can claim compensation too.
Srinath says
I purchased 2 wheeler on 27th October 2015 by swiping my Standard Chartered Credit Card through AXIS Bank POS Machine installed in Swasthik Motors Bangalore.
Before purchasing I informed the Merchant (Swasthik Motors Bangalore) about the RBI guidelines not to take Credit Card transaction, even after informing them they took 2.5% for swiping as a Credit Card surcharges.
I have raised this issue with AXIS Bank with the following reference id 11310893, but no proper investigation been done.
Kindly advice what should i do as a next step, should i raise a complaint with consumer court.
Thanks & Regards
Srinath
videv says
I think only fuel surcharge is allowed on credit card payments, everything else should be illegal.
The right party to complain against is merchant, because axis bank gets only the standard % fees from merchant; merchant is pocketing the extra earned from surcharge.
dharsh says
Hi had recharged data pack of 71 for my reliance mobile but even after recharging they deducted RS 1500 from the mobile balance and even after frequent complaint i did not get the amount i have all the details of recharge as i did it with credit card i don’t know what to do now where to file a complaint as i did all what i can do please suggest me
videv says
You can file consumer complaint… such tricks are very commonly done by providers to earn money. As a safeguard, never have postpaid account and charge prepaid only upto Rs 100-200 at a time so they won’t be able to deduct more than that in any case.
dharsh says
how to file a consumer complaint as it is against Reliance (Rcom) i am not sure where to file it as it is not in bangalore
videv says
a big company like RCOM has offices in all big cities, so filing in bangalore shouldn’t be a problem.
Dimple Kumar says
Dear Vivek
I bough Lg 32 LED tv in 2012, in 2014 picture quality of tv gone wrong and two three lines came on tv. I regiter complaint to customer care and they told panel has to replace and it will cost arround 11k because tv is out of warranty. In amrch 2015 complete pictur of tv has been gone. can you pls advise can i filed a case in consumer forum, because tv is out of warranty
videv says
You can always file complaint, but based on your details it’s more a case of bad luck with TV than consumer complaint.
Gaurav says
I have sent a used Samsung Galaxy mobile phone with a dress through professional courier to my family on 28/09/15 from Bangalore to Jagadhri(Haryana). Did not informed the parcel details to the courier at the time of delivery. While tracking the courier, on 9th Oct realised that courier is lost in the transit. Now when I am claiming for the loss, the courier company is denying to pay for the goods or compensate any amount.
videv says
courier company may be operating as per the terms, which are written behind the receipt usually
Venkat says
HI,
I booked a apartment flat (with pre launch) at one builder and paid 8 lacs to them (they gave me the bill receipts and MOU for that), that time they said the flats are under management and they will release the flat in next three months (I trusted them as they have given me the MOU and bill receipts) and by till today almost 1 and half year but they didn’t gave me the flat and keep on saying management didn’t release the flat and you need to wait. while taking the flat whoever discussed with me she left from the organization now these new guys saying lot of frud words, like now the apartment land is under litigation we are not giving any flat to anyone it may take 6 months or 1 year or 2 years to allot the flat and to clear the court case then only thing you need to do is wait or cancel the flat so that you can get back your amount..
To clear all these I sent my friend as a fresh guy and he want to buy a flat in that same apartment and that time I came to know like now the cose increased to double and they are seling the flats and there is no issues with that land… I am not from bangalore and not sure what to do now… (I took the flat in bangalore)…
it clearly showing that they are cheating me… please suggest what to do now… 🙁
Thanks,
Venkat
videv says
You can file consumer complaint through a representative too
Bijay raj 9437145810 says
FROM THE LAST 13 DAYS I AM VERY SUFFERED,
I have purchased a redimi note 4g mobile and received on 4th October and found to see that the item is not showing network. RETURN REQUEST BOOKED ON 4th ( THE SAME DAY) Please return it and refund the money. The product is with the delivery address return slip packed vide Return id no 2094903. I am no more interested your product.
From the day, I was keeping contact with shopclues and they are giving 48 hours, return request declined and not even interested to return the product and telling me to repair and use it by any means. No return will be applicable and no further complaint will be considered. Approximately 15 time s I have called them and they simply forwarding the request and instruct me to wait for 48 hours.
Please return the money and allow me out from shopclues.
videv says
I can’t do anything to shopclues, you can file complaint using info on this site if you would like to.
Abhishek Jain says
Hello,
I booked the flat for a rent for which i paid the security and rental in advance and also we had a deal just in case if it doesn’t work entire paid amount will get refunded, For some reason possession of flat doesn’t happened and owner was informed way in advance, Its been over 5 months now person have not refunded the amount. Does this case qualify for the consumer act ?
If yes then please share the details and if not do suggest what can be done in this to get it recovered from him.
As i need the entire refund of my paid amount though he provide the cheque which get bounced twice due to insufficient balance in his account ?
videv says
Cheque bounce can be used to file criminal case also, if you follow the procedure for that including notice etc.
If I remember correctly I think some consumers have filed cases on landlords for rented houses, though right now I don’t have time to research it again. You can try google for it. The procedure will be the same as any other consumer complaint, details already in this post.
Abhishek says
Thanks for the response, though I do not have his old cheque as he replaced it with the new one but I have bank documentation for the same,does it qualify and can we also for compensation of due amount for 5 month in term of interest ?
videv says
Yes, if you have the proof that 5 months are over from original contract /cheque date.
Seema N says
I bought a Nike shoes for walking on 04/10/2013 however i don’t have my original bill with me( but payment was done through my debit card for which i have the bank statement to substantiate)..on 03/09/2015 while walking a metal piece protruded out of my shoes and caused a wound causing me to panic and rush to the hospital. On doctors advice I took a tetanus injection and band aid the area
On the same day I went to the Nike showroom showed the shoes and complained to them but they refused to take the complaint but after a lot of hue and cry they took the shoes and gave me a receipt.
Revert came after ten days saying that warranty period is over… then they gave a mail id in which I mailed with all my concerns ,that also got rejected .
My question is that a shoe from a branded company like Nike is suppose to protect our feet how can such a shoe cause so much of pain and agony to a customer ..
I would really like to file a case against Nike
I am looking forward to your advice and valuable feedback
Thanking You
Seema
videv says
Proving date of purchase (to show how old is the shoe) will be necessary to show that it has gone bad in relatively short period of time. Even otherwise receipt is necessary because otherwise who knows how the shoe reached you, whether it was gift, second hand etc etc?? Maybe you can try age of shoe to show that based on model of shoe, if there’s such a thing in shoes like in cars.
Outside of warranty period, one can’t claim repair/refund etc, but if the quality is really bad for the price paid, I think it’s a fit case to explore.
Bhushan says
Hello,
In April 2015, I engaged an interior designer (my ex-neighbor) for some small work in our kitchen. During initial discussion, he assured me that the overall cost would be approx 30-35 thousand. He asked me to make a deposit of 25 thousand which I duly complied. Thereafter, he sent me a quote of approx 60K. I was not happy with the quote and wanted to negotiate. However, he tried to up-sell some other services and sent a revised quote of approx 95 thousand. I disagreed with the quote and asked for refund. He is urging me to buy some of his furniture/credit note in lieu. I have stated that furniture/credit note is of no use to me. He has still not refunded the deposit of 25 thousand for the last five months. I have sent him a notice via email on 05 October 2015 and have indicated that I would approach the consumer forum. Am I following the right process or is there any other way I can influence him to return my money?
videv says
Yes. If he doesn’t refund money etc even after notice, you can go to consumer forum
sanjay says
Is it possible to file a complaint against a Resident Owners Association for unfair amount charged as Monthly Maintenance only to members on Rent? while the owners pay 30% less. Also no receipts provided nor expenses declared.
videv says
I’m not sure if members of association can be treated as consumers. Google about it. Read Consumer Protection Act (on this site too).
Get copy of bye-laws and see what’s written there. Last GBM meeting notes or any document which says amount of maintenance.
Association is duty bound to hold yearly GBM, provide expenses/financials etc. Also must read the society/association act under which apartment associations are registered. If they are not giving financials to members, most likely they are not submitting any audited accounts to the registrar either. If you complain to registrar (and follow up with RTI), association will get back to working within law.
Babu says
hi,
applied for a mortgage loan from hdfc bank. after waiting for one and half month, they replies that the lone cannot be processed due to technical reasons. when asked they said the passage is 4 feet which is not as per our guidelines, however i had already paid about 5000 rs towards processing fees. when asked to give a written confirmation of rejection of lone they refused.
After this i posted my lone reqirments on lic housing finance, citibank and kodak bank.
Lic housing responded, before giving my documents i told her clearly that my lone was refused due to 4 feet passage is it possible by your company to process it, in fact i gave two property documents in the same passage this time located in the same passage. gave all the required documents itr, pan …….
then she asked for a cheque of 14500rs as part of the processing fee which will be presented only if the lone is sanctioned. however 10 days later the check was presented and cleared. when i called her she said its almost done it has gone for legal valuation. a week later there was no updated from her. when i called her she says the loan cannot be done as the passage is only 4 feet. this is ridiculous i had already told the reasons for rejection from previous bank she said will present the cheque once the loan is cleared. now neither the loan is sanctioned nor the money is refunded
how do i handle both this banks for the refund, i have already spoken to both the banks they say its not refundable
videv says
Banks may be right. Each bank will get the documents and evaluate them, and even if you told them what previous bank did, that may have no bearing on their own evaluation.
If you think it was unjustified, best bet is to complain to banking ombudsman.
Anil says
Hi Vivek
Today was the last and final which I had not thought so, but the circumstances made it last hearing for my samsung LED. I finally agreed to they compensating Rs 25,000 in return of the LED, though this was never my first choice. I argued for replacing the display panel in the same amount. But the counsel, iy said that the company has backtracked (common assessment tactics) is not even providing Rs 23000 as option. because it was out of warranty. To this judge and the lady member judge told why ? in the last hearing you were providing Rs 23000 in return of LED. he said company is saying it is out of warranty. Judge spoke in favour ” Dekho kuck to karo itne time is aa raho”. I reached before the samsung counsel and was near the dias , on seeing me lady judge recognised and said” aapka display panel nahi mila” I said ” nahi maam, na koi phone aaya”. In brief , after much of negotiation, and judges intervention, the compensation was raised to Rs 25,000 from Rs 23,000. I do not who is right or wrong, but this has happened.
I sincerely THANK YOU for proving timely mentoring and directions on this case. Thank you so very much Vivek !! I am fan of your blog , and I keep coming on your website to read your views.
Thanks Bro
Anil
videv says
Glad to be of help… Many people won’t be able to achieve this level of result even if they had a lawyer!
Santosh Murthy says
Case description:
Hi,
I bought Pioneer AVH-X2590BT audio system for my car from Reliance(Auto Zone) Retail Ltd Bangalore, authorized reseller for Pioneer products, from day 1 of the installation I found that the pen drive and the Bluetooth had issue, I requested Reliance Retails Ltd who installed the device who checked and said that the wirings are perfect and the issue was with the unit, I went to the Pioneer authorized service center located in Nehru Nagar Bangalore 20, they have tested the unit and could not diagnose the issue, I have attached a copy of the diagnose from the service center which was done during the warranty period, I was also promised verbally that there would be a software upgrade on the same in the next six months which would resolve the issue.
I have written several mails to Pioneer and also posted the issue in their facebook page post which I did not get any resolution or any sort of help. In the next six months I had been to their office several times but there was no update, I requested them to log a complaint and give me a docket number which they refused, meanwhile I had been to a dealer in Koramangala whose contact I received from TeamBhp(One of India’s automotive discussion forum) who had said to have resolved this issue with the unit, but even this dealer could not resolve the issue and so did my car company check for faulty wiring.
(Please note that several dealers have also complained to Pioneer about customers facing same issue(Attached copies states the same) and Pioneer is also aware of it(Quoted by dealers and Autocop service center))
I went to the service center during my warranty expiry and requested them to help me out but they did not help me in any sort, the only thing they did was they tested my car with another unit of Pioneer audio system and voila it worked fine now I was confirmed that the issue was with the unit and not with the car and the wirings.
I am unable to reach out to anyone from Pioneer since their team does not respond to emails nor do they call the customer.
Unfortunately my warranty has expired but I could not reach out to court due to health issues, but I have got proof that I have reached out to them and service center but no one responded, do you think this case Is worth a fight. I reside in Bengaluru my number is 9739315289.
Your advice is very valuable.
Few other links:
https://www.forkytom.com/q/292
https://www.forkytom.com/q/321
http://www.team-bhp.com/forum/product-discussions/142598-pioneer-avh-x-xx90bt-2590-3590-4590-series-bugs.html – Have tried all that was suggested in the forum but the problem persists.
http://www.youtube.com/watch?v=glgFVHa68nI&feature=youtu.be – Must watch
I have the bill, receipt, warrant card and one service receipt from Pioneer service station.
Would need your guidance and suggestions.
videv says
I haven’t looked at the links, but from what you say, it’s valid problem and can be fought in consumer court since you had informed their service centre about the problem before expiry of warranty period itself. Date of reporting is what matters even if it’s the last day of warranty period.
Santosh Murthy says
Hi,
Thanks for your comments so I will go by the online website you have shared and then the consumer forum. Hope that’s the same path you suggest as well.
Santosh Murthy says
Hi,
Thanks for your advice i have registered a case using both the websites and the case number is : 190736.2.2015, the case registration was also tricky i ended up registering the case 7 times since on submission the website used to say please check but in the backend it was registering the case, anyways i have requested to cancel other cases.
Can you tell how the online version of this complaint would work? and what are the next steps? How long would it take and when would they usually reply?
vrinda says
hello,
I have recently couriered my mobile handset and a sling bag through dtdc courier .It was supposed to reach within 3 days at mysore from chengannur(thiruvalla branch),kerala as said by an employee opf dtdc.It was couriered
on sept 7th ,2015 and it has reached kochi dtdc branch at sept 8,2015 and was shipped from there on the same day itself.Now ,It has been almost 2 weeks and more but still i havent reaceived m courier.I have have called bangalore dtdc (victoria road ) branch several number of times ,they just say they have not received yet but when i called cochin dtdc to confirm .They had told me that they have shipped from there branch and now still i call bangalore dtdc ,they just say they are working on it manually and there response is same from 1 week .They have no idea where my courier is ,they just keep on asking for excuses to delay. Can i file a complain in forum?
videv says
Yes you can.
Gaurav says
Hi,
The consumer court has asked me to submit the Affidavit proof, what is the details that I need to publish in this case before the court?
Thanks,
Gaurav
ashish says
Dear Sir ,
I have taken a post paid connection of Rs 399/ plans of Idea activated on 24th july 2015 from Thane,Mumbai. I have paid last bill as 453.48 ,After 13th august I am on roaming and I moved from mumbai to Bangalore and suddenly on 18th september 2015 ,an email came for payment for using maximum credit limit of Rs 2000.Today is 19th sept 2015 and my service has been stopped.Please guide me how to tackle problems against Idea or should I go to consumer forum complaint:
1. Idea never informed me that my credit limit is Rs 2000, even I dont know of it because I was told that my credit limit was only Rs 10000 then how it increased to Rs 2000.
2.I used to get unwanted calls , I registered complaint also but still getting it.Customer care told me that keep complaining. As a customer what else can we do.
3.I was told at the time of taking postpaid service that the number would be All India roaming free.But it was not.
“I have already mis-communicated for the service by one Idea telecaller having number “02267700163” called from Thane,Navi Mumbai.Her name was shalini.I am on roaming now but no message or call came for the current plan for the state and services i.e. Only bill came at the end of the month.
I am facing too much problems after I get connected through Idea Postpaid services. Please help me.
videv says
Not very clear. It seems there are 2 different issues: 1. about credit limit/lack of proper communication; and 2. do not disturb registry.
For 1) you can file consumer complaint but I don’t see clearly what’s the ground;
for 2nd you can follow up with TRAI /do not disturb registry site.
Arun Gangur says
Hi Videv
I have booked flat in Prabhavathi Lotus Grand Bangalore in Dec 2014. I got my sales of agreement and legal opinion through Prabhavathi builders. My possession date is July 2016. They have not started the construction yet. I have asked the reason they said they don’t have clearance. They are forcing me to take another project or 4% of booking amount will be deducted.
Your suggestion will be appreciated.
Thanks
Arun
K A Nagamani says
it is an unconscious bargain from the builder; u can file a consumer complaint; check pecuniary jurisdiction 20lks < 1 crore state commission; more than 1 crore NCDRC
Replied by K A Nagamani, Advocate, Supreme Court, NCDRC, High Courts of Delhi, Blr, Hyd and state commissions Blr and Hyd
nagamani.k.a@gmail.com; 09999926636
videv says
People can approach advocates and discuss on their own, it’s not a recommendation by me. If there is negative feedback though, I may remove advocates’ comments later.
Archana says
Complaint against Telemarkk Pvt and Wallet Video
In the name of outsourcing this company is cheating the People.
I have center in Bangalore. Looking for projects
Recently they have contacted me for video watching project and upfront charges I have paid 26000 and 10 days they are given work and after that they started misusing video count (if watch 300 videos for one day it was showing only 95 to 98 videos) and payment they won’t make any payment. They cont response to my mails and calls. They are working only for upfront charges
videv says
It may be scam but consumer complaint is not applicable since you are not a consumer. The business itself doesn’t look very legitimate way to make money.
JAnani says
My Lenovo mobile was in working condition only for the first four months after purchase. Afterwards it could not receive any network signal and could not be used for speaking to anyone. In the service centre they replaced motherboard twice so far, but the problem could not be resolved. My mobile is unusable now.
Now the warranty is expired. Lenovo support people are not ready to replace or refund. BUt they offered to change motherboard for a third time for free( eventhough warranty is expired).
BUt that is a rubbish idea and I declined their offer. What is the point of going on to change motherboards when it doesnot fix the problem?
What are my chances of winning the case if i file a complaint?
videv says
You can try filing, though since they offered to replace, they can use it as their defence. You can argue that it is beyond normal limits a reasonable person can be asked to go through though.
Bhavna says
Hello Vivek,
I stay in a pg in Bangalore. I have been wanting to move to a better place and have finally found one. When I informed my pg owner, he refused to refund my deposit money and is asking for 20 days extra amount for me to leave his place.
As per the rules and regulations of pg – while leaving 30 working days notice should be given.
I informed him on 8th Sept. that I will like to leave his pg place on 1st Oct. and have asked him to deduct the amount for 8 days less. However He is not ready to do this. He says it is not possible . It should be 1st of the month till 1st of next month. Since I did not inform him earlier I have to pay 20 days extra amount inorder to leave.
Please guide and tell me the options available. It is my hard earned money, however sometimes more than the money it becomes a question of ethics. I am worried.
videv says
Unless contract says 30 days notice starts from 1st of next month, then 30 days notice should start on any day of the month. A fit case for complaint I think.
SAMARTH says
Dear sir,
I got a call from DIVYARISHI sansthan, saying my number won a lucky draw and i will be getting samsung grand 2 mobile for just 5000 which i have to collect from post office nearby. But as i searched on net , i found people commenting it as fraud, and they were cheated. Sir pls let me know if there any complaints regarding this already filed. I want to confirm wheather it is fraud case or genuine. Please let me know before i become next victim of divyarishi.
videv says
If there is negative feedback about them, and still you want to go ahead, then the choice to become their next victim is entirely yours not mine!
Shilpa says
your post is so brilliant. I always thought approaching a consumer forum will be very tough thing. But reading it i have decided to file a case on apple. I will definitely update if anything really happens on that.
Pratap says
Hi,
I had booked a flat in 2005. It was a joint development. In 2007 September I got the sale deed done in Jun 2007. Its already registered. In 2008 Land owner cancelled the JDA with builder. Now the status is building is completed but I am not getting possession. I sent a notice to the builder/Landowner. Builder is not in picture so land owner replied that he is ready to compensate. When I spoke to him, he was ready to pay only my Loan outstanding. I know the price of property increased by 400% and that’s why all these dirty game was played. One of my friend filed a case in 2008 and she got the money back with 18% interest. I am seriously looking for a good lawyer who can help me here. I tried to contact 2-3 lawyer but experience was horrible. Could you please suggest me any good consumer court advocate.
Regards
Pratap
videv says
I can’t comment on merits of your case, but you may try searching for property lawyer instead of consumer court lawyer, and ask him to file in consumer court.
I don’t have any suggestions on advocates, they are equally good or equally bad depending on one’s outlook. Maybe try http://www.kaanoon.com. One thing is don’t expect lawyer to make a case strong if it’s weak already.
Pratap says
Hello Sir,
Thanks for your valuable suggestion. I got one advocate through the website. Advocate has one doubt here about time limit One notice was sent to Builder/owner in June/2013 and they replied back saying they are ready to compensate. But after that my previous advocate didn’t do anything even after so much push from my side. Last 2 months I was trying to negotiate through another lawyer but as Builder/Owner was not ready to give anything on top of paid amount, I am filing case in consumer court. Is there 2 years time limit is applicable here? Nevertheless I am going to file the case this month.
Regards
Pratap
videv says
Delay beyond 2 years time limit can be condoned if you mention good reasons in application.
K A Nagamani says
till u get possession as per the terms of the sale deed, there is no delay because it is a continuous cause of action and limitation act covers the same; u need not worry on the issue of 2 years limitation; u can see on ncdrc.nic.in, on judgments link for Nagamani; u will find reference to K A Nagamani vs Karnataka Housing Board case; i was petitioner in person from ncdrc upto supreme court; i got 18% from supreme court whereas fora below gave me only 12%; in my case ncdrc said the complaint was hopelessly delayed beyond 2 years
u can contact me if u please to on 09999926636; nagamani.k.a@gmail.com and courtsofindia.blogspot.in
videv says
People can approach advocates and discuss on their own, it’s not a recommendation by me. If there is negative feedback though, I may remove advocates’ comments later.
Sandeep says
I had taken one Airtel SIM (7022746818) on 15-07-2015 11:30 morning. I went out of station. I lost my dongle. I had called to customer care next date morning (16-07-2015) and said to stop all services. I have clearly said to the person ‘To stop all services. They have taken same request and he has clearly said in a call that- I will not get any bill, call and any email- till I take a duplicate SIM’. The service verification was not completed still. On 01-08-2015 some customer care person called me and asks me to pay bill of Rs. 271/- which I have not used. I had gone to Vidyaranyapura Bangalore franchise centre and verified (where I had taken a SIM). Even they also have said not to pay anything. All service is stopped. Mr. Girish had called from customer care and I have explained him also, even he said not to pay any bill. But on 29-08-2015 I have received one more bill of Rs.510/- which is not used. I work in company, Airtel person in my office called me and said, there is an offer for corporate employees (16-07-2015 evening he has given a new hotspot) and he has checked on their system (7022746818) and said it’s blocked -no need to pay any bill. Now Airtel is asking me to pay bill.
videv says
It’s a standard operating procedure taken by many Indian companies esp in telecom business, where one dept doesn’t seem to know what the other dept is doing. And they will keep billing in meantime, and one day they may even send a legal notice if you don’t pay the bills as per their invoices.
You have to threaten them in nice but credible way, or else worse case consumer court.
kalyan says
Hi,
I had given my laptop for DELL service center banglore.They told tht mother board needs to be replaced as it was completely burnt off.I had paid the amount of 13000rs to get it repaied.
DELL said tht it will take 3-4 weeks to get it done.I had paid the amount on 17/7/2015.Till now it was not serviced.Below is the address of the service center.
DELL service center adderess : Divyashree greens,koramangala inner ring road.
Domlur post,banglore-560071
bill nos : 2879 amout – 13000rs
bill nos: 2878 amount – 1364rs
videv says
I can’t do anything about it. You can complain to dell higher ups or consumer court.
Sarala Prasan Samantaray says
i have bought on Moto G2 mobile on 27th December,2014.
so as of now my device is under warranty.
From the past 2 months i am facing several issue with the device.
first i got some issue with the SIM port and to fix that issue the service center took away my phone for 1 week.
On the day of delivery when i checked my device there in the Service center i found one new issue with the flash light.when i complained them about this, they told that they need to change the mother board now. For this they want to take the device again for 1 week.
So atlast today when i went to receive the device they told that the issue has been resolved but when i checked the issue was still there.
i tried several times to contact Motorola customer care but they are not responding me correctly.
So in this case can i ask for a device replacement/Complete cash back or not??
i have all the hard documents with me.
Can i file a complain in the consumer forum or not?
videv says
Sure you can file complaint based on these facts, and ask for penalty too not just refund/replacement. It’s deficiency of service basically.
Ramesh says
I joined a medical transcription course,situated in Bangalore in the month of Feb,with the assuarance from them that,the course will resume only after my PC which needed service was set right.And so I got my password and user ID in the month of April,which should be taken as the month when I started my course.The course duration is of six months duration.For 1000 rupees they gave me a useless headphone and foot pedals also.The American English that they were teaching was also sub standard.Now they have sent me an email asking me to deposit 10000 rupees,since my course duration is over.Similar medical transcription course have cheated me in the past who are from Calicut and trivandrum.I would like to file a case against this MT company in Bangalore.Can it be done online or should I visit the court in person.
videv says
To court in person.
Naveen Gadagi says
I had purchased Samsung TV UA32D5900VRMXL In Oct 2011 and the TV is backed with Stabilizer and distributor for safety against voltage fluctuations.
Till July 8 2015 the TV had no single issue and when i connected my TV to Internet via Samsung Wi-Fi Dongle, i received a popup saying New software update is available. immediately after the software update it is restarting at approx 5 min interval.
When contacted Samsung after the service visit they are saying mother is failed.
Since it is not under warranty it will be charged 7681/- for replacing.
While I believe this is happened only because of wrong software update as all other input and output system of the TV are working perfectly fine and they are unable to prove that it is motherboard failure. Till now TV works fine for approx 5 min. As per my understanding if the mother board had failed TV should not start at all or some or the other connection accesses should fail, but all the connections ports are working fine.
And Samsung is not ready to roll back the software to older version nor it is ready to identify the problem but they want to replace the motherboard at customer cost while they are not ready to accept the failure of software compatibility.
I asked below questions to Samsung but i havn’t received any answers till now.
1. Why the TV is restarting approximately at 5 min interval immediately after the software updated, before update there was not a single issue with TV.
2. Why the Service center through which the service is provided dose not have necessary equipment to prove that it is a hard ware failure and necessary equipment for softaware rollback.
3. The service engineer who visited is saying it is hardware failure, is unable to prove it is hardware failure.
4. If it is hardware failure, as why all the inputs and outputs of the TV are working fine.
5. When i checked with service center, i came to know that they do not have necessary rollback software for the existing model. (My TV being 2011 model) and they are not ready to prove that the same issue would come or not come if they use a PCB which is 2011 model along with New software update.
6. Also i am using a stabilizer as well as a distributor with fuse, so there is no question of failure due to surge voltage/current as other divices are also connected to the same stabilizer.
7. With above all points when i explained to technical person (Saurab) seems to agree that it is software incompatibility with the existing hardware(2011 model PCB) but ignores the point.
8. After all this i had requested a call with technical software department person, and is not capable enough give convincing answers to above questions.
Please help me how to proceed futher in this case.
videv says
You can approach court with above points. Since the software upgrade was forced upon you, it’s a really atrocious excuse by samsung that their new software is incompatible with old hardware. It’s like a service person comes to house to service something, ruins the product, then says that you have to buy the new product since our routine service is designed to ruin the old product.
I am glad I don’t have samsung TV. There is one more person who has filed complaint against samsung for huge repair cost.
Naveen Gadagi says
Thanks for the reply, i thought of going to Consumer court but i had no idea about how to approch.
Thanks once again
Anil says
🙂 😀 ” It’s like a service person comes to house to service something, ruins the product, then says that you have to buy the new product since our routine service is designed to ruin the old product” LOL
sandeepebiz says
Club Jiva forced us to attend a presentation about the membership on August 5, when i was in a vacation in GOA,With presentation they impressed us by telling too many holiday offers, But they asked us to sign the contract on the same day and we did sign it and during the presentation they said it is EMI option with no interest, after swiping the credit card then we realized there was 15% interest(They swiped an hopping 1lakh 50 thousand). They cheat us in swiping more than what was in the contract and After signing the contract, realized that the presentation given about the membership benefits and the contract is not matching. When approached them next day and when asked them to put the presentation given to us in the contract and asked them about the excess amount swiped, they agreed it was mistake from their end and told us they will cancel the membership and will refund the money back in 7 days and we were asked to leave and after couple of days they refused to picked our calls and started ignoring us. We we reached club jiva membership team, they started telling, to compensate what ever has happened for so many days, we will compensate by giving you a free holiday. But we did not accept the offer, because we went through lot of pain and stress, and we told them we want our refund back as promised. They are yet to come back and ignoring my calls.
I have the proof of written statement and with company seal by CLUB JIVA saying the amount will be refunded in 7 days . Along with that i have the whole incident video captured where they are cheating us. The video explains the scam in which Club Jiva is involved. I have the transaction details as well of the money swiped. Will these evidence be enough to file a complaint in consumer court or a criminal case against them.
Please reply to this mail so that i can act accordingly.
videv says
>>Club Jiva forced us to attend a presentation
Unless you can prove someone pointed a gun at your head, you were invited and lured to attend a presentation, not forced.
Not sure about criminal case, but you can definitely try consumer court case.
Banani Choudhury says
Sir, I Mrs Banani Choudhury has been undergoing serious trouble since I purchased a hearing aid from one of the renowned clinic (rajan hearing and speech clinic Koramangala) worth rs,160000My husband had a problem hearing and then I thought to take him to this clinic. Accordingly I took an appointment last year in the month of April 2014. On detecting the doctor prescribed a hearing aid. Since my husband is in the defense, we wanted something that is invisible. And the clinic provided the same, which is worth 160000. It was our decision to purchase. On inserting the machine, my husband faced lot of difficulties and pain inside the ear. Unfortunately, he had to leave for his post the very next day after purchasing the aid, therefore could not get the proper guidance. As he left, one fine morning he inserted the aid, which got stuck and he suffered unbearable pain. I immediately called up the clinic to do something to solve the problem, but they insisted on seeing the patient personally, which was not possible due to his service. It’s been one and a half years now that the machine is lying at home without being used, I have again and again requested them to change the model since it is still under warranty. I also visited the concerned doctor umpteen times, she told me it can be exchanged or else the company will go and meet my husband personally to the place where he is at the moment posted. But, yesterday I got a mail from the MD informing nothing as such will take place and he has to by any means continue using the aid. I am in a deep trouble, please help and guide.
Thanking you in advance
Banani Choudhury
videv says
I don’t see anything wrong that they insist that a medical device be fitted only under their supervision.
Anil says
Hi vivek
Furthermore, when the lawyer (29 year old) came out of the court room. I was discussing the spare parts non availability in three years. I told samsung counsel so give us in writing that samsung does not support/ provide spare parts of its product after 3 years of launch. To this he said nothing in writing (even if demanded by judge) will be given in this regard by samsung. It will be all verbal. Your case will be dismissed, I said ok thanks for your suggestion, I have other platform to appeal if it is dismissed here ( state & national ). Vivek, it seems flip flop tactics is going here to close case with the compensation that suits samsung convenience.
Please advise.
thanks
videv says
My guess is since there is no precedent for this kind of situation to judge’s knowledge, he is himself trying to find a workable solution for both parties.
>>Then samsung counsel said if samsung arranges for the part, 50 % cost (Rs 12,000) will be borne by me.
This may not look like so bad option, because it’s out of warranty, and unless you come up with cost of spare part of other similar TVs, the court has no way to compare. But if they say the spare part if 50K, then what?
If they actually don’t have spare part, then taking back TV with some compensation seems only way out. In that case, the amount of compensation is the only wrangle, so that depends on your persistence to pursue the case.
>>To this he said nothing in writing (even if demanded by judge) will be given in this regard by samsung
Basically just arrogance, anyway he will be carrying our orders. Maybe they are ready to appeal too like you are.
Anil says
Thanks Vivek !! I am fan of your sharp genius logical reasoning /thoughts and writing skills .
You rock dude!!
🙂
Anil says
Hello Vivek
Today it was hearing for my ongoing samsung consumer case. In the previous hearing on 4 July 2015, president forum told me that my LED it out of warranty and asked me to do research on any judgement on out of warranty case being given. And also advised I may not be able to prove deficiency in service in out of warranty case. And at the same time told samsung counsel to do something for consumer relief.
Today samsung counsel told judge that samsung may not able to refund Rs 59,500 as a relief sought by me. but will compensate with Rs 23, 700 and will take LED back. I told judge the cost of repair of display panel advised by samsung is also Rs 24,000 so why not replace my faulty display panel in the same money, instead of taking the unit back (because this is also one of my relief option ).
On this lawyer told that samsung does not have the spare part (display panel). I told him how can it be possible, the LED which was launched in 2012, and in just 3 years, company is not supporting the product. I told judge also, ” sir it cannot be possible that they have exhausted spare parts in three years”. I told him that company needs to ensure availability of the spare parts for atleast ten years. 3 years is too small period to ignore customer (taking consumer to ransom) on spare parts issue. Then samsung counsel said if samsung arranges for the part, 50 % cost (Rs 12,000) will be borne by me. I told judge I am not happy with both the alternatives suggested by samsung counsel. To this judge said atleast they are giving ( or initiated) some relief. Judge told me to enquire if the same TV model is on display in any of the electronic goods shop. I said no it is not displayed. And he told me to see if the display panel spare parts is available with any vendor / service center. i said if they (such a big company) is not able to arrange. How can I from their service center or elsewhere. Judge told me to do research on this and gave next hearing on 7 September 2015.
Please advise how i need to proceed now
Thank you
Anil
Dr Deliwala Mohammed Talha says
Dear Sir,
Recently I have been a victim of Tikona Broadband Company. As suggested by you I have registered an online complaint as follows;
“Because of the poor service provided by Tikona Broadband company I decided to terminate the connection for which the request was acknowledged and I got an email on Tuesday, 16 June, 2015 12:04 PM that the connection is terminated and the amount payable is 0. On Thursday, 6 July, 2015 10:32 AM I got a call From Adv Mukesh Sharma claiming to be a legal lawyer from Tikona Broadband company practicing in Delhi High Court in Chamber 24 C Block. In the call Adv Mukesh Sharma told me that a case has been registered by my name in Delhi High Court by Tikona Broadband Service for not paying last months Bill, when I told him that I have already payed the bill he said that If I wish to fight the case I have to be at Delhi high court by monday with my lawyer otherwise a fine of 35,000rs will be levied upon me for not representing my self in front of the court. I told him that I am a Doctor and I dont have time to waste in such matters So under the pressure I paid and amount of Rs1875 to Tikona through Online payment the transaction id of which is 1111910814TPC060815105928.
Even when the company had sent a full and final notice with 0Rs balance the company asked their legal team to threaten me by taking the name of an Honourable court.
Because of this I had to miss all my patients for the whole of that day. So I request National consumer helpline to see into the matter and do justice.”
I have the email of Full and Final sent from the company as proof. Please share you views on this case and guide me.
Thanking you
Dr. D Md Talha
Bangalore
videv says
>>I told him that I am a Doctor and I dont have time to waste in such matters So under the pressure I paid and amount of Rs1875
Sure everyone is busy in doing more important work, that’s exactly some 3rd rate (maybe not even a) lawyer intimidated you to part with your money. I would have instead asked him his bar council registration number first, and taken his number to call back.
Technically and legally, you can recover that money though since you already has 0 balance in the final bill. But if you are so busy, who will take all that trouble?
leena says
I have joined chit in one chitfund company and i have bid the chit but theyare not giving the chit amount how to give complaint
videv says
Not sure chit fund can fall into consumer case. You can call up district consumer forum to confirm
prasanta says
dear sir,
I have a micromax phone , which i had given for servicing which is still under warranty on last week of may. its almost 3 months now the servicing center wont give a proper reply. i even called head office , and they are asking me to contact the same service center. Its really annoying , should i file a consumer case or wait for few days. I even got a new phone few days back which got stolen amidst this issue . so for this also i have lodged a police complaint.
please do reply me
thanks in advance ,
prasanta
videv says
3 months is as long a delay to fix a phone, so you can as well file now or up to you to wait more.
GIRISH says
I booked a flat with PARAS Builders (9900137423) in RR Nagar in July 2012 with scheduled completion as Mar 2014. I have made all the payments as per agreement. Since last one year there is NO work happening at the site and builder has been assuring to complete at the earliest. It is now more than 15 months from promised handover of flat and I have been burdened to pay interest on amount borrowed which I am not in position to bear further. The builder is not responding to phone calls and avoid meetings. I am NO more interested in possessing the flat here with this BUILDER. Request valuable advise to recover the amount paid.
videv says
>>I am NO more interested in possessing the flat here with this BUILDER
Whether full refund is possible or not will depend on terms of development agreement. I really doubt it. You can read more about specific performance and consult a lawyer:
https://en.wikipedia.org/wiki/Specific_performance
B.K.Muralidhar Rao says
I renewed my car insurance from Bharti AXA Auto Insurance on 16-05-2015 online. The policy was also generated and the company also sent the policy of the Insurance by courier-the date of the insurance being 22-05-2015 to 21-05-2016.
On 22-06-2015 I received a letter dated 26-05-2015 from the said company that due to wrong NCB declaration I have to deposit Rs.2030 and that too subject to inspection within 15 days. I have also got the proof of delivery on 22-06-2015
from Indiapost website. the letter also said that If the payment is not made within 10-06-2015, the policy will be modified on a short period basis.
I made Several phone calls to the company and I had to explain that I made the payment as shown by the online renewal website and the policy was generated only after the amount shown was credited.
If there was any short payment-the website should have shown it and should not have accepted the payment. Every time I called their number a new customer executive would receive the call and I had to tell each of them the story from the beginning. One CE said ‘ I am really sorry for what has happened to you’ I will come back to you after speaking to my senior. That is all and one executive said ‘though we feel sorry for what has happened to you, we cannot help you in any way. You have to follow what is in our letter and if you don’t deposit the amount asked for you cannot even renew your policy from 23-01-2016 (The policy was changed : From 22-05-2015 to midnight of 23-01-2016 ie reducing 4 months).
On June 29th, I wrote a letter to the company that I cannot accept the short term policy because I have paid the amount shown on your website and If the original policy issued is not revived, I will take suitable action like going to the consumer court. I had given them 15 days and I have not received any information from the company regarding the revival. Should I go to Consumer Forum?
videv says
>>from the said company that due to wrong NCB declaration I have to deposit Rs.2030 and that too subject to inspection within 15 days
If there was really wrong NCB declaration, company has right to reduce policy duration. You have omitted that crucial point in an otherwise long question.
Anil says
Hi Vivek , this is copy of letter written to times group for people’s awareness.
Good morning Ms Bhardwaj
In continuation to your article # duped in gurgaon at various petrol pumps by various petrol attendants. There seems to be another duping modus operandi going on at Rohan motors sector 52 gurgaon by duping various customer who come to service their vehicles. This incident happened when I ensure that my car is serviced in my presence at the service station .
Incident is of 27 July 2015, I reached service station at 10.30 pm and got my car at 6.30 pm. I was at the service station whole day keeping an eye on the various jobs being done as advisor had listed number of jobs to be done for my wagon R paid service. Finally car was allotted to mechanic at 2.30 pm, he performed usual jobs and issued 250 ml brake fluid from the store and replaced brake fluid which is maximum a wagon R can take. And at 6.30 pm my car was handed over to me when their duty for the day is being called off. there is always rush towards the end of the day working hours. And hurriedly, they asked me to sign, which I did in good faith and paid the amount which was due from me. I went home and noticed they have charged me for 500 ml brake fluid, in reality mechanic got issued a bottle of 250 ml. Next morning I reached rohan motors, I confronted mechanic who serviced my car. and told him that he had put only 250 ml brake fluid (as I was present there) as that is the maximum a wagon can take to which he agreed. I took him to the store keeper. First he refused and when I interrogated him further he could not escape And store keeper was nailed by myself and the mechanic as there is no escaping for the store keeper. I apprised the situation to customer care manager and AGM Mr Saxsena, finally they agreed to return the extra billed amount.
The bottom line is if I was not there at the service station ??, If I had not paid attention ? , I would not have noticed this modus operandi. I and others would have not come to the notice.
( The statistics of the profit goes like this )
Mechanic had put only 250 ml which is max a wagon r can take, but I was billed for 500ml. So store keeper and the gang saved one bottle of 250ml brake fluid. if they dupe 200 car owners a month they have made (Rs 205 * 200= Rs 41000) and if they sell it in the open /grey market even at discounted rate of (Rs 180* 200= Rs 36,000) Now this Rs 36000 is distributed to other members (chain of people) who are part/ involved in this modus operandi.)
Attached is my car service receipt and (rohan motors) acknowledging that this happened. Their AGM Mr saxena has signed and approved the amount Rs 205 to be given to the customer and debited from the store in charge salary.
I request you to shares this duping with everyone so that we are aware before paying for unsolicited /inflated car service bills
Regards
Anil
9990588815