The real name for consumer court in India is actually consumer forum. Well, that takes a load off my chest! We want to use the right term called consumer forum but if that causes any confusion among people then the purpose will be defeated. So from now on I will be referring to consumer forum and consumer court as one and the same thing.
Note: Find in this article a format/template/sample of consumer forum complaint.
Update 30 Sep 2016: Get my free eBook Surviving the Legal Jungle which also covers basics of contract law, consumer court complaints, and how to hire and manage an advocate.
I have not written any new content for a long time. The posts about RTI generate good amount of visitors and some of them contact me regarding filing RTI, so I hope it is doing some good somewhere.
You must read the easier solutions before contacting me about consumer court complaint
Update 6th Jul 2014: Please read this post to decide first whether you need to file a consumer complaint or there are easier alternatives by way of making complaint first on government sponsored consumer help sites.
Have you read the alternatives to consumer complaint post?
Answer: No. Please go back and read it. This article is meant to handle more serious consumer issues which can’t be resolved by simpler techniques.
Answer: Yes. And have you already tried those solutions? Or you don’t think your case can be resolved by those? This means your case should be serious enough and it can’t be fixed by simpler techniques like online complaint at government of India portals for consumers, complaint to banking ombudsman etc. If so, read the full article below (and the comments) on how to file complaint to consumer court in India.
Update on 22-Sep-2014:
Did you try filing online complaint at National Consumer Helpline or call their national toll free 1800-11-4000?
Answer: No. Filing consumer complaint is more laborious than filling an online complaint or making a phone call. So my sincere advice don’t waste anymore of your time reading what follows, unless you are sure they cannot help you in anyway.
National consumer helpline works! They are a govt website/toll-free number to help consumers resolve their consumer related issues. I have recently filed 2 complaints with them online and both the times the website worked without issues (unlike http://core.nic.in). I even received callback from them and they gave suggestion on how to proceed on my complaint against Deccan Herald. How many times has it happened in your life that a govt department called you back? Achche din aa gaye 🙂
http://nationalconsumerhelpline.in/
OR call their National Toll Free No 1800-11-4000
Update 27-Oct-2016: From feedback from others, it seems NCH is mostly about guiding people about how to go about filing consumer court complaint after sending a written notice to the opposite party/company. So if you have already sent written/email notice/warning to company and that didn’t result in any solution to the problem, you might as well go ahead with steps on how to file consumer complaint in this article. The information given in this article is much more detailed than what NCH will provide.
Phew… with all of that out of the way, original post continues below:
I have decided to start writing on consumer issues, simply because I am at my wits end with never ending bad and malafide behaviour by all sorts of companies like Airtel, Tata Sky, Flipkart and so on. I have a new name for Indian Consumer: ‘Prisoner’! Because that is how these companies treat their customers hoping that they won’t or can’t hit back and they have no choice but to keep getting oppressed and continue to remain their valuable customer/prisoner. I had recently filed 2 consumer court cases in Bangalore and won both of them. Well almost, because although I have got the favourable order in the second one against Flipkart, they haven’t paid their dues so I will have to file for execution which is another legal step. Which is why I feel the time has come to shame and expose these naked emperors and continue doing it as and when they choose to become our oppressors. In last few days, I had to deal with a new issue by another internet company and so I thought why not use the power of web and social media to keep them on their toes, rather than sound like a hapless consumer/goat who they seem to believe is merely squealing at them. Now hear me roar!
So my plan for this post is just to outline the basic steps on how to file a consumer forum complaint, and I will use fresh posts to expose and warn about any new tricks being employed by various companies. I will also post the scans of consumer forum orders I have won already. The posts will remain permanently on this site so just like visitors coming to read RTI posts, there will be visitors coming to these posts too. I plan to use Facebook to give updates on new posts. As long as I stick to the facts, these companies will have no recourse but to suck it up since it I am saying the truth and not unjustifiably defaming them. They have the choice to treat the customer as customer and not prisoner, or let their names keep getting added to the hall of shame. One fundamental reason for these posts is that from now I plan to send links to these posts to any new companies who try to get smart and treat me as their prisoner. I am sick and tired of trying to make myself sound serious to them and they better start taking it seriously than empty threats.
Consumer Tip: It has been my experience that companies are quite sensitive to any negative feedback posted as a webpage article, be it your own website or even a consumer oriented website, e.g. http://www.mouthshut.com. After posting separate negative reviews about Pepperfry and Infibeam and informing them, I was able to get the required refunds (although for Pepperfry I could not get the full shipping costs).
So if you have stayed with me so far, either you are a true consumer fanatic, or maybe I write/rant too well. In any case, stay with this post for a little while more because here come the steps on how to file a consumer forum complaint (the points below are mentioned how I did it in Bangalore, apart from that it is all generic and should work in all other district forums too):
1. If subject matter of complaint is less than Rs 20,00,000 (20 lakh rupees), then you need to file in District consumer forum which is what follows in this post. The fees to be paid is Rs 100 for up to Rs 1 lakh of (value of goods/services + compensation) demanded. Refer to this post for fees to be paid for other compensation amounts and also for compensation amounts which are higher than 20 lakhs and jurisdiction of higher level forums than district forum.
2. Write or get printed the complaint matter on a plain piece of paper with all the details. There is no need to go to a lawyer for minor complaints since consumer forum in Bangalore is quite friendly and if you can write your points, that is all there is to it. There are many templates available on various websites, you can use them. You need to address the complaint to the official address of the company within Bangalore and this can be found from their website. If they have a branch address in Bangalore then you should use it. If they do not have a branch address mentioned on website, then use address of whichever corporate office is in charge of Bangalore/Karnataka.
3. There is another point about some sites saying that one has to file an affidavit, many sites will call it as verifying affidavit. Actually, I haven’t found it to be necessary in 1 case (against Panasonic) which got settled out of court but in another case against Flipkart I had to file a single page affidavit (I insisted to file a single page than repeat the same facts all over again) just referring to the original complaint. You can file it along with original complaint if you choose to. It has to be notarized so it is a proof that you are who you claim to be and you are filing this complaint in your sane mind, which may not be so sane after being at receiving end of today’s prisoner-takers err… companies. Note that the original complaint does not need to be notarized. I had done it for first complaint against Panasonic, but then realized that it is required for the accompanying 1 page affidavit, not for the complaint itself. So the whole process is much less complex than made out to be on various websites which tend to make it seem like an elaborate legal affair.
4. Sign the complaint and get 4 copies of the original complaint. You can call the Bangalore consumer forum number at +918022211137 about any queries you may have about filing and they seem to be quite helpful. Remember what they say is the real deal compared to what’s written on a website, and it is they who will accept the complaint and give the acknowledgement. Their full address below:
Bangalore Urban District Forum,
Cauvery Bhavan, 8th Floor, BWSSB Wing, Kempe Gowda Road, Bangalore-560009
Telefax
080-22211137
The proper entrance using vehicle to above building is from K G Road which is one way so you have to basically turn right to enter the building. There is a walk able passage at the back of this building from the nearby city civil courts too in case you ended up parking there.
5. Get a demand draft (DD) of Rs 100 made in favour of The president, Bangalore Urban District Consumer Forum which is basically the fees for filing complaints with matter value less than Rs 100,000
6. You will have to provide Rs 40 worth stamps on an envelope with address of OP at time of submitting the complaint. It can actually be done after the first hearing also since that’s when the notices are actually sent but I prefer to get it done right away at time of submission. This same envelope is used by consumer forum to send a copy of complaint to the OP. The Rs 40 is probably the current cost of RPAD (Registered Post Acknowledgement Due) in Bangalore so confirm this at time of filing and paste the right amount of stamps at submission time.
7. Submit the complaint at address above and get the acknowledgement. They will enter it in a register and will provide the court case number in few days. On one occasion, I had got the this court case number over the phone and in another case I was asked to come to same office get the number.
8. Along with the case number you will be asked to go to a particular district consumer forum on the said date and be there by 11 am when the court starts. Basically there are multiple district forums within Bangalore and my guess is their workload is divided based on complainant’s address because both of my cases got scheduled in the 3rd Additional consumer forum on Cunningham Road.
Usually the first hearing will be scheduled within few days so plan to file the complaint when you are not going out of town in next couple of weeks else you could miss the first hearing. It happened with me and I was told that if I miss the second one too then the matter will get closed.
9. On first hearing, the judge will ask you about the complaint to find out whether it is in jurisdiction of Bangalore forum and whether it seems prima facie genuine. With that formality done, they will give you a date after 30 days to give sufficient time to OP (opposite party) to get the summons/copy of complaint and appear.
10. On second hearing, the OP will appear or maybe not appear. If they don’t appear, then court will ask to come next time and if they still don’t come then you can argue your case and judge will give the order next time the OP being deemed as ex-parte, which is legal term for a party to which summons/notice was sent, they got the summons but choose to not appear in proceedings.
11. Alternatively, the OP may decide to settle it out of court with you if it is a no-win situation for them. In that case, if both of you agree then you can get your compensation from OP and appear in front of judge to say that you have both agreed to settle it out of court. The court will ask both parties to sign the order to same effect. The court is not concerned to what exactly is the details of your settlement, it will merely record that the parties have settled the case amicably between themselves.
12. In case the OP appears, they will submit a written objection etc stating their position and facts according to them. The judges will hear both sides’ arguments and decide the case based on who seems to have the evidence on their favour.
For me the situation that the OP appeared and argued has not arisen. They either settled out of court or chose to not appear. Hear me pat myself on the back!
I will post more material like sample templates etc in next few posts. The final point is that the cases are decided based on hard evidence so if you have all of that then it is not difficult to win. If you do not have hard evidence like contract terms, email exchanges, proper invoices, warranty cards etc, screen shots of website with order details/date etc.; then it could become a longer affair where you have to decide whether filing a consumer case is at all useful. So the most important thing is always to have a written trail of complaint and interactions done with the company in question. Which is why I never report any complaint over the phone because I believe that will not provide you with any sufficient written document trail for later use. And is it any surprise that most companies want you to call them displaying prominently their toll free or helpline numbers! You call them once and you will end up calling them 10 times after that. So no thank you, I always prefer to open a complaint via website, or by email to their customer support and keep a detailed written trail thereafter.
Format/sample/template of consumer court complaint for Bangalore
You can find the format/sample/template of consumer court complaint for Bangalore in this later post. For non-Bangalore complaints too, it can be used by replacing the forum name/address at beginning of complaint.
After you file a complaint, you can contact me over phone to discuss about progress of the case, what to expect in court, how to handle court hearings etc. Use Contact link on top to get in touch.
Questions and my replies related to consumer issues and consumer complaints
There are lot of interesting consumer related questions and my replies to them in various comments below. Most of the time your issue may be discussed already, so it is strongly advised to spend some time going through these comments.
LATEST Questions and Replies: https://deveshwar.in/how-file-consumer-court-complaint-bangalore/#comments
You can keep clicking on Older Comments link to go to previous comments on each page. Now that the number of comments has increased, it is not very productive to link to each comment page and expect people to read through each of them to find if their problem is already discussed. So I have added google custom search box on top.
Just type the brand name, e.g., Samsung, BSNL, Airtel etc in the search box to find if a particular company has already been discussed.
To search for product, type “led tv” or “broadband connection” (without quotes) in the google search box and then zero in to the result. As it stands, it links to the main post and not the exact comment and that’s how google search provides the results. So after that you may have to page up/down through comments.
To ask a question, post it in the comment box and you will automatically receive reply by email when I reply to the comment — usually within 24 hours. I now only reply to queries asked via comment box since they are useful to others too facing similar issues. For that reason even if the person hasn’t done basic homework I may still reply.
Only for serious cases or those with privacy concerns like medical cases etc, you can use Contact form which will send email to me and I will reply back. To make it very clear: if you use Contact form to email me about your new mobile phone not working as expected, I will simply delete such emails. Almost all the time I have seen people don’t even do the basic homework of reading the terms and conditions, but somehow expect me to solve their issue for them!
Further stages after consumer case is filed, and admitted in forum
Stages in consumer forum case:
- Filing: This article covers this stage in detail already above.
- Admission: This is first hearing when case may be accepted, or even rejected if it lacks merit, or consumer forum jurisdiction is not applicable.
- Objections by OP
- Evidence by way of affidavit by complainant
- Evidence by way of affidavit by OP
- Arguments
- Orders/Judgment
Evidence by way of Affidavit by complainant
Following is word .doc format of an affidavit which allows one to use already made points in complaint, and also add additional points, along with additional documents as annexures. Click on link below to download and modify it for your own case details.
Consumer_Forum_Affidavit_Sample_Template
After that you need sign and get it notarized (ideally it should be signed in front of notary and you should carry a govt approved identity card like voter id/passport/aadhaar to prove your identity to notary, even if usually notaries don’t ask for id card). It which may cost Rs 20-50 depending on number of pages and notary. It will be cheaper if you find a notary working inside any court complex.
Hi,
In 2015 June, I received a call from Magic holiday club and being a previlaged customer of citibank credit card they are going to give one offer. First i didnt agree, after one or two days they called me and told they are giving gift, travel voucher, food cashback coupon, and dining plus card. But i got only gifts of 2 watches nothing else. Last month I applied for holiday stay coupon, they rejected some reason, and i paid DD alongwith that coupon Rs.1000/-. I didnt receive that money also. There is no reply for my mails and no telephone call also. Next month it is going to expire and I paid Rs.7999/- but it is of no use. Please tell me can I lodge complaint in consumer forum.
>> Please tell me can I lodge complaint in consumer forum.
Yes. But check how much of documented promises do you have from them. Many of these holiday/resorts type businesses lure people by making promises during presentations or over phone, and people fall for it, but many a time there is no contract or terms with customer to hold them accountable.
You are doing a very good job to spread the awareness. Kudos for your. I am currently filed complaint in national consumer court with the help of your articles. The complaint is against HTC, where i bought mobile and all is good until Oct 2015. From Nov 2015 my HTC One E8 mobile is making rounds of the service center till date. now from last month warranty also got over. When warranty was there and i asked about the replacement they said this time you submit your mobile to service center we will make sure the proper service is done and you will not face the issue again. till now 4 to 5 times from past 5 months it has made to the service center. that too for the first service they took 2.5 months and when i received there was also damage near the sim tray. they said they will replace the back panel but since after that around 1 week it works then again goes back to service center with Sim card not detecting problem. Now i am asking for money back rather with replacement. HTC contacted me after my complaint in national consumer complaints forum and investigating about the damage and asked me to send the photos of the damage. 2 to 3 days over still i did not hear anything. So this saturday i am thinking to go and file case in consumer court.
Please provide if you have any suggestions which could make it easy for me.
>>Please provide if you have any suggestions which could make it easy for me.
I don’t know how you went directly to national forum… maybe you are unaware. There is nothing specific, you can follow instructions and complaint template on this site.
And I won’t reply to any more comments or emails from you. One comment is enough, it seems you had copy-pasted your questionin 5 different posts and also sent email of the same
hi,
I got the household items shifting done through Gateway international cargo from New Delhi to bangalore The services were pathetic. Initially the person who was coordinating from the company gave me lot of trouble even after rate finalisation on email & then he increased the prize by 15000 on the day of packing & then post handover the material he again increased the rate by 16000.
I have lost so many boxes and many in damage condition and gone through lot of tensions during the transit time. i would like to make a serious complaint against the person as well as against the company for my loss of about 10 lacs. I have received the material yesterday only on 25th April 16 & not given them the receipt on Builty.
rate increases in general can’t be done unless part of contract terms, and agreed prior. Hope there are some written terms on back of receipt/or a contract etc.
Complaint can be only made against company… the employee is not going to pay out of his pocket (at least not legally speaking). But name of person who you dealt with and the details etc can be mentioned in complaint, so company can ask him questions or whatever they plan to do.
Hi Vivek,
Thank you for such a informative site and initiative.
I had applied for cashless surgery through National insurance, but they didnt approve till end. So after operation,I applied for reimbursement which too wasn’t approved. After 1.5 months when I kept on calling the insurance company and mediassist, met personally and emails etc. they rejected the claim by giving a random reason of a clause which wasnt specified in their policy documents. It specified that the patient was in hospital less than 24 hours.
Whereas in their documents it was clearly specified that this operation will be covered as It doesn’t require the 24 hour hospitalization clause.
When I again approached them stating the details specified in their documents, they gave the amount after 2 months .
I want to go to the consumer court for their irresponsible bahaviour and giving the claim after a lot if denial from their side.
Can I appraoch consumer court for this or forget the matter??
Waiting for your reply.
Thanks
>> want to go to the consumer court for their irresponsible bahaviour and giving the claim after a lot if denial from their side.
Yes. this amounts to not only deficiency of service, but also irresponsible behaviour and harassment of consumer. Medical insurance companies have to be evaluated on a higher standard than other business transactions.
Hi there,
In Brand Factory store there was sale of ‘Buy 1 Get 1 free or Buy 1 get 30% off’ with t & c stating that VAT is extra
Whereas I bought 2 shirts under ‘Buy 1 get 1 free’ but instead of selling it at MRP of one shirt they added VAT over and above the MRP which is not fair
If they had said buy 2 get 50% off I was willing to pay VAT extra but not extra over MRP
I argued with the cashier and then manager but they were adamant that I have to pay extra.
Only once the bill is printed I saw that they have printed as 50 % off on both the shirts and not buy 1 get 1 free hence, VAT extra
But the display clearly showed as buy 1 get 1 free & not 50% off
I had mentioned while arguing with the manager that I will lodge a case against them if they charge more than MRP
Therefore before I could make the payment and go to the sales counter he had got the display boards about the offer removed, I have the pictures of, the smaller boards displaying the offer along with empty frames of bigger boards which he had removed and also the bill along with the MRP sticker which says it is ‘inclusive of all taxes’
More than the small amount of 80 odd rupees, I feel that they are doing daylight robbery by cheating and misguiding customers
Should I or should I not pursue the case in consumer forum
What’s your opinion?
If I understand correctly: if you actually made purchase, then you can file consumer forum case… If you didn’t purchase and cancelled the transaction and got full money back, then your case might get rejected… because transaction got cancelled. That’s just my basic understanding… it’s up to each customer to be vigilant and not get duped. The previous customers can also file the case (with evidence of the pictures of offers/board etc), but you can’t file on their behalf.
it’s basically unfair trade practice, so other laws may also apply but mostly for individual consumer, they are cumbersome. Consumer forum will definitely consider taking up the case if you can show how you got personally affected by the problem. So if you paid higher price based on false/misleading offer, you can file case.
I actually went ahead with the purchase and told them I will be going file a case against them, only after that while I was making the payment they had removed the boards displaying the offer.
Thanks sir for the valuable advice
An electrical service shop took some amount to fix 2 fans. Both fans are still not working. After asking them several times to repair it properly, they are always delaying. They neither correct the problem nor they refund the amount. This has been going on for a month now. There is no cash receipt. How should I deal with such case?
Probably they can’t fix the thing, and now hoping you forget about it.
Without cash receipt it may be difficult to prove how much paid, but there is a certain minimum anyone will charge for such repair services, and usually cash receipt may not be given (which actually is a possible tax evasion by them). So you can file consumer complaint if you are willing to make the effort, and hope it scares them to settle out of court… else trial will be necessary.
I Bought this Hp laptop (15-AC-123TX) in the month of January 2016.
after a few days my Laptop crashed, i tried starting it but it did not respond and it neither was charging, i took it to a service center on 03rd march 2016.
“THEY TOLD ME THAT THE MOTHERBOARD HAS TO BE REPLACED”
it was serviced and was returned to me on 07th march 2016 on the first time it was working but it was too slow.
then for the second time the same problem was detected on 30th march 2016 and i once again took it to aservice center and “THEY TOLD ME THAT THE MOTHERBOARD HAS TO BE REPLACED FOR THE SECOND TIME”was returned to me on 04th April 2016 working but it was slow, i had at this point repeatedly told them that if the problem persists then i will elevate this to a senior.
after all of this for the Third time on 12th April 2016, I HAD TOLD THEM TO ELEVATE THIS TO A SENIOR AT HP, I WAS NOT UPDATED ABOUT ITS STATUS, I HAD ASKED FOR A REPLACEMENT FOR A NEW LAPTOP, BUT NOW WHEN I HAD CALLED THEM 20TH APRIL 2016 THEY SAID THAT “THEY HAVE REPLACED THE MOTHERBOARD AND THE ADAPTER BOARD FOR THE THIRD TIME”.ANd THEY HAVE NOT ELEVATED THE ISSUE AS PER MY WISH.
can i go to the CONSUMER COURT ?
3 times motherboard replacement in short time seems serious quality issue with product, so you have reasonable case to approach consumer court.
In any case, focus on getting the results, whether they escalate to senior or not is their internal decision and how they work.
i have all the bills all the work sheets & i still have warranty
hi,
i had booked a tata safar storme from a dealer. he had promised me 85% loan approval based on which i collected my deposit amount. that became 80% and i agreed. now i have signed the Form 20 papers as well as got the vehicle registered. They are asking me for 14,000 more since this amount has been missed.
i am really angry at the casual way they have treated it since the car is worth 15 lakhs and more
could you please guide me as to if i can file a consumer complaint?
Usually such promises of loan approval are at sales & marketing stage, so unless you have a document where they said they will get you 85% loan approval, it may be difficult to get relief from consumer court. Otherwise they may put blame on market conditions, 3rd party bank /financier etc which are business risks always and can’t be predicted.
Sir
I am a defence personnel, presently in JALAHALLI, b’lore. I had booked a plot in Bangalore by giving advasnce of RS.6, lakh ,from a builder but he is another registering it nor refunding my money . I have tried al possible ways but it was of no use. I have few queries regarding my refund by legal procedures. pls let me know if I can personally meet u or contact u over the phone to explain my situation.
thnx in advance. My email is sunilhritik@yahoo. com
Regards,
Sunil Kumar Sahu
If you have legal contract which wasn’t fulfilled by builder, you can approach consumer court. I can’t meet personally or take calls over phone.
i got a bike from a dealer who had tied up with an online used bike selling firm. It has been 2 months and iam yet to get my RC and insurance from the dealer and he is playing with me and delaying and misbehaving. SO what can be done in consumer court.
Thanks,
P.S
If you have paid some advance of full money already, you can ask for cancel and refund with interest; failing which file complaint in court to get the same relief. Or else he has to deliver the same bike and compensate for delay by paying interest/penalty etc.
i have made the full payment and the bike is with me also he gave me a third party insurance in my name but now i am not getting the RC transfer done. It has already been 3 months i do have the receipt of payment from the bike dealer.
you can file complaint… it’s probably illegal to keep driving a bike without having RC. You can check RTO website online to see the latest registrant status for the registration number
I had written to you sometime in July-August last year in connection with my filing a complaint in the Consumer Forum against a builder. Briefly, the case revolves around
the fact that the builder had given me a written undertaking promising to pay me a sum of Rs.15000/- p.m. in the event of delay in handing me possession of my flat. The flat was in fact given in my possession around one year late in the last week of November 2015. There were also certain defects in workmanship and quality of
material used.
Buoyed by the encouragement I found in your columns, I filed a consumer complaint against the builder through an advocate after finalizing all terms and payments with the
advocate.
The case was registered in August 2015 and assigned to the 3rd Metropolitan Court. What followed was a systematic and mindless abuse of the legal system by
Opposite Party(OP) – the builder. On each assigned hearing date, the OPs counsel would approach the bench and request for adjournment and a fresh date was given.What seemed strange was the fact that no explanation was sought by the judge from the OP about the need for an adjournment. It was given automatically and without hesitation. I asked my advocate to object to this abuse of privilege, but my advocate pleaded helplessness saying that the OP was entitled to such extensions of time till 90 days from the date the case was filed.
This went on till January 2016, when the judge passed an order asking the complainant (me) to file an affidavit. The next stage after this was for arguments.This automatically signified that the time within which the OP was required to file his version had passed. My advocate accordingly filed the affidavit in February.
Finally, on March 31st, the OPs counsel approached the judge with the plea that his client was busy and therefore unable to attend the court’s proceedings and
that they were now ready to file their version. At my strong urging, my advocate raised his objections to the filing of the OPs version after such a long delay.The objection was fortunately sustained.
The OP was thereupon asked to file an application requesting the court to accept his plea and admit his version. This entailed reversing the court’s earlier order of January 2016 to me to file an affidavit. I objected to this strenuously stating that the OP had
deliberately omitted to file his version for well over 7 months and instead wasted everybody’s time asking for adjournments. There were no mitigating circumstances that called for the indulgence of the court or for that matter of the complainant and that the matter should proceed ex-parte. I am now required to file an affidavit
recording my reasons for objecting to the filing of the OPs version at this late stage.
The long and short of it is that the OP seems to have a free hand in delaying and frustrating my quest for justice. The entire onus for taking forward the case
seems to be on me. Apart from this, the OP also seems to be hell-bent on denying everything. The version he sought to file in Court contained a series of bare-faced lies – denying that he ever gave me a letter of undertaking, denying that I had sent him a legal notice (both by regd post and my e-mail) and so on. And to compound and
confound matters even more, he has added more bare-faced lies about my owing him money for ‘modifications’ he carried out in my flat – all without a shred of documentary evidence.
An added irritant to all this is my own advocate’s attitude who seems to be tiring of the case although he was at his enthusiastic best when taking advance money from me.
My queries are as follows:
1) Do the rules actually provide for the OP filing his version after the stipulated period has expired or is the opposing counsel simply attempting to delay matters even further? My advocate feels that opposing admission of his version will only delay matters and that it is better to let him file his version so that the matter can proceed for arguments.
2) What are the pros and cons of allowing or not allowing the OP to file his version?
3) If the Opposite Party (OP) proceeds to file his version containing a series of lies, is it likely that I will be called upon to substantiate my case by ‘proving’ that the documents furnished by me are authentic. My lawyer says that we may have to send it for forensic examination to Hyderabad. Can the OP really succeed in denying the authenticity of documents as mentioned above?
4) Can I further oppose the OP from appointing a junior level functionary in his office as his Power of Attorney to attend the case? I see this too as a dilatory and evasive tactic.
5) And finally, if my advocate himself becomes unreasonably reluctant to pursue the case and seeks to cut short the case even at the cost of damaging my case, can I hold him to account in any way?
I am sorry if I am burdening you beyond your expertise, but at least some advice from you/your readers may help.
The builders know legal system better, and so does your lawyer… but I don’t see major harm in allowing him to file his affidavit, because court will probably allow it anyway after your objections. IF you think otherwise, then go ahead and try it. My general impression of courts is they allow many leeways to parties… as per civil law, more than 3 adjournments should not be allowed; the reality is for all to see.
Their Denials and lies work in initial stage posturing, afterwards they come back to haunt.
you have to learn patience with legal system and unless you feel lawyer is going against you, most people will face same issue with lawyer. He can’t motivate client, it’s judges who allow adjournments etc, so blame should lie on judges mostly. Sometimes they impost cost on OP, but it is low enough that OP can easily afford to pay it and then further delay and frustrate the trial.
Read advocates act and bar council rules to take action against advocate, if you believe advocate harmed your representation or interest at any stage, how many can do it is another matter altogether. I really doubt your advocate has done such a thing so far though.
Regarding my complaint filed in the consumer forum, arguments from both sides was over the case was posted for orders. But instead of issuing orders the judge has again posted the case for arguments without any request for the same from both sides. I am at a loss to understand why the case is posted again for arguments. I am not getting satisfactory reply. Thus my case is being adjourned uncessarily. I request you to kindly guide me for further course of action.
Doesn’t sound right if none of parties asked for fresh arguments, and in general such requests also won’t be granted unless there are good reasons behind.
I have seen consumer courts to be the fastest and least likely to give adjournments, so maybe check with admin staff next time you are in court as to why the orders are not being given.
My issue is with bsnl.
I have been a customer since 20 years and the phone has been a vital part in my communications
I have a broadband connection since 2013 which costs rs 1025.
According to my plan I should get around 4 Mbps. I used to get around 3~3.5 Mbps which is good by any standard.
But now my speed doesn’t go beyond 2 Mbps.
This is mainly due to poor line quality in the telephone line which has been since 2008.
When I pick up the phone I always hear a humming noise and it sometimes develops into a crackling sound.
I complained to bsnl through all formats. In person, through phone & web. All were temporary repairs.
None of them were satisfactorily addressed.
The linemen said they couldn’t do anything beyond and told it was up to me to choose whether to continue with the connection or not. None of the engineers came to vistit my house to check where the fault was.
They would call from the exchange and argue that there was no noise from their side and close the complaint. I spoke to the manager about this. Instead of rectifying, she told me to upgrade to fiber. That costs rs 12000 to set up & rs 4000 as monthly charges.
I complained to CPGRAMS also. but these people closed the case by sending a report that the issue has been resolved. .
what do i do??? does this case have a chance??
I hope the humming noise is not because of lack of splitter… About the rest of complaint like lack of speed, I guess BSNL has given you the response that they are not bothered about your loyalty to BSNL, so if you are not happy you can switch to another provider. (I myself switched from BSNL to Airtel broadband few years back after lazy/couldn’t care attitude displayed by BSNL in fixing things when connection Went for almost 7 days).
I haven’t used CPGRAMS before, but sometimes these departments can’t do more than forwarding the complaint to appropriate dept, and checking up on them if they indeed looked into complaint.
Hi,
We had taken a policy on my inlaws for medical insurance and the assured was Rs.5lakh.
The policy was taken in June-2015 and in august 2015 an incident happened and my mom in law suffered a brain heomarreage.
The insurance company denied claim first on ground of pre-existing diabetes,then some BP issue, both these issues were deneid by doctor who was doing the treatment. Now, latest they have told that she had some hypertension issues and was taking medicines for that. However, same is not the case she was not under any medication.
The policy was taken in Pune and now we are staying in Bangalore.
Can we file a complaint here and in policy there is nothing specific mentioned about jurisdiction.
Kindly guide on the above matter and how to go about it.
I am not sure about jurisdiction part, but complaint can definitely be filed
Hi
I purchased a peanut candy from the local store ” MORE Quality” . When i came back home I opened the pack and ate one piece. The taste was somewhat awful so I checked the label. It is packed on 8 th February 2016 and written best before 45 days from the date of packing. I bought this pack today the 29th March 2016. Can I make a complaint against this store that the store selling products after their expiry date on the product.
I haven’t checked laws on sale of goods/food items etc, but I guess the idea of “best before date” is to make the onus on consumer not to purchase, rather than on shopkeeper. But I can’t say for sure, so if want to make sure about the legal position, then try to search on google, other consumer related sites about the bare laws/acts or judgments relating to sale of packaged foods to consumers etc.
Also, there are national consumer helpline and other govt websites mentioned in my “Alternatives to consumer court complaint post”, which may not work sometimes but you can try asking them via phone or by opening a complaint.
Hi
I bought Motorola moto g2 around 1 and half years ago:
About 2 weeks back :
1:I put my phone on charging when i was about to sleep around 12 at night.
2:At 3 AM in night I noticed some difficulty in sleeping as there was smoke all over the room and me and my friend were suffocating .
3. I opened the main lights there was fire on mattress and my friend was sleeping just beside the place where phone was put.
4. When we tried to put the mattress outside to control the fire, my friend got his knee burnt.
5. We got lucky this time and survived but there was irreparable damage to my mattress, walls and tiles of my room.
I complained about this on their customer care portal and contacted several times over phone to get their response but they refused to give any kind of compensation in any condition for my damages.
So i have decided to file complaint in district consumer court .
I am in bangalore and Motorola company’s address is Gurgaon, Hariyana .
Can I file the complaint in bangalore ?
If No , What needs to be done in this situation?
Please help me.
Yes they are selling all over India so filing complaint in Bangalore is fine, and that’s where the incident happened too. Basically it will be about deficiency in product, lack of quality of product, dangerously unsafe product etc.
Hello Deveshwar,
I stumbled upon your blog today while I was looking on how to file a case with the consumer’s forum and what caught my eye was your prompt reply/insights to all the grievances. You are doing an amazing job.
I also would like your insights and thoughts about the case that I talked about at the very beginning. I am in a leased accommodation for 5 years now. I had paid a lease amount of
Rupees 7 lakhs for the first 3 years and renewed my lease for 2 more years by paying Rupees 3 lakhs.
The lease period will be complete by April 23rd,2016. We have an agreement on stamp paper. Now I plan to move out of the leased accommodation to my own house that I recently bought.
Also as per the agreement we have given the owner a 3 month notice so he can make arrangements to settle us our total leased amount of Rupees10 lakhs. We have a copy of all the legal documents. A reminder has gone to him twice about settling our money before April,23rd. I talked to him about settling my money by April,23rd before sending him the third and final reminder. Now the landlord is brutally lashing out at me saying he has no money to pay me and he will settle the money at his will. Me and my family have been nothing but honest and acting by the law. All being said, my question to you is:
1. How can consumer’s forum help me out in this case and have the landlord settle the amount?2. What is the procedure to file a case?
I look forward to your reply.
Kind Regards,
Ashok
>> Now the landlord is brutally lashing out at me saying he has no money to pay me and he will settle the money at his will.
Let him be taken to consumer court and be decided whose will will prevail. If consumer court orders him to pay but still he doesn’t, there is provision to file for execution of order and send him to jail.
Hi Mr. Vivek,
My complaint is more related to deficiency of service by a software project company based out of Pondicherry. I paid them an advance of Rs15,000/- to complete a project within 20 days (Total amount agreed was Rs 30,000/-). However, they did did not complete the project as per my expectations but are arguing that they have delivered me the complete project within 20 days. What they gave me is of no use to me and even they know that, and hence they are not asking me for the remaining payment. However, they are not ready to refund me the advance paid.
I am based out of Bangalore, and most of the conversation happened over mail or phone. I have proof clearly stating what I wanted. However, I went to Pondicherry to pay the advance of Rs 15,000/-. However I want to file the case in Bangalore. My queries are:
1. Can I file a case for deficiency of service by the company, and seek refund of advance?
2. Can I file the case in Bangalore despite the fact that the company is based out of Pondicherry, and I made the payment by cheque in Pondicherry?
Thanks,
Pritom
For B2B deals like your case, civil court is the right recourse. I am not so sure of jurisdiction of civil case though, you have to check with lawyer in case you want to proceed
Hi,
I Bought 2 Recliners from a firm Called Latino Furnishings, B’lore for Rs.36,000/- carrying 5 Years Warranty. At time of purchase, They Told me they’d courier Bill For same within a Week as they were having some issues. They Never did that but instead sent me an Email from their official account Confirming my Date of Purchase & Warranty. Now after a year, there is a problem with the recliners & the owner of that firm is Not honoring warranty. He Said he’ll send his person to correct the problem a month ago but since then has been avoiding my calls/sms.
Now with only email from him as proof of purchase, would consumer forum be a viable option?
Thanx in advance!
Email is an electronic document and as good as written document as per Evidence Act…so if the email id has come from official email id, and it contains proper details of purchase, then they don’t have much excuse. And I hope they are not trying to escape by saying that the email id doesn’t belong to them, OR you yourselves have sent that email to yourselves by creating that email id. In that case, you (or more appropriately they) should file a cyber crime complaint that someone is trying to impersonate as their business by sending emails on their behalf. I guess they will prefer dealing with consumer court than cooperating with a with cyber crime case investigation.
Thank you for sharing such insightful blog and making us aware about the consumer rights. I have a complaint against Holiday Kart Pvt Ltd. We went to Goa in March 1st week, where we met this agent who claimed to be from a resort and handed over a gift scratch cards on celebration of 5th anniversary of La Calypso hotel. We were informed that La Calypso hotel has completed 5 years and we have to visit the facilities for 1 hour in order to claim the gift
Upon opening the gift card, I won one of the four gifts, an iPad, an LED TV, 10k in cash or a paid vacation. All we had to do was to attend a 1 hour orientation session at La Calypso Hotel, Baga so that facilities could be demonstrated to us by La Calypso hotel authorities.
We were asked to show ID Proof and Credit Card to claim the gift. When we asked why credit card is required, Mr. Abhijeet mentioned that the same is required for the Visa/Mastercard team for debiting the gift amount to the Bank with which we hold our credit Card and that his team has tied up with few major banks.
The receptionist has checked the id proof and credit card details and upon which we were allowed to attend the presentation strictly for 1 hour.
After we stepped into the meeting hall of La Calypso hotel, we were introduced to a Sales agent named Prathmesh and took 3 hour discussion even though we told that we need to have lunch and pleaded to finish off the presentation in 1 hour. We came to know only at the end of 2.5 hours that Club Jiva wants us to buy membership and offer is valid only on 05-Mar only for the fifth year celebration Very lately, we realized that the company was incorporated in 2013
We were given a false picture that the Club Jiva membership which would entitle us to cheap accommodation in 5-Star properties across the world.
Finally with the misrepresentation and false commitments, we were sold a membership of Rs90000 for a tenure of 25 years. After paying up the complete amount, I could find the receptionist opening up gift card instead of the persons from Mastercard/Visa and we were surprised and shocked.
After reaching our Sterling resort, we enquired about the tie up with Club Jiva and sterling authorities denied such relationship as it is a Privately owned property. We enquired our friend who is a member of sterling regarding the same and the sterling representative assigned to my friend confirmed that no such tie up was with club Jiva.
We lost trust and have no interest with Club Jiva, and now we want our full amount refunded for the below misrepresenation and cheating.
1) Misrepresentation of anniversary function date and number of years of completion.
2) Misrepresentation of data such as owning 32 resorts and La Calypso Hotel.
3) Misrepresentation of promotion from Visa/Mastercard.
4) Misrepresentation of fake people from Visa/Mastercard to provide gifts.
5) Misrepresentation of tie ups with the major hotels.
6) Misrepresentation of providing information that facilities of La Calypso hotel will be shown
We wrote many emails to Club Jiva and they said they are sorry for such incident and they have suspended the agent. However or amount cannot be refunded.
Pls let me know how to deal with this. Can I approach consumer forum for selling service using unfair trade practices. Pls guide.
This type of high pressure presentation, followed by credit card debit for some kind of club/holiday membership is a common scam… 2-3 others have reported too in the comments, and previously I got similar emails. The basic con-game is: promise verbally the moon, but the written contract/terms don’t have much of these promises. Now customer can scream and shout about it, but without approaching consumer court they won’t budge.
That this has been going on still means that even after people’s complaints etc, they are able to find fresh victims always, who probably have more money than they have use of right away, and get lured by so called presentation and promise of luxury/holidays etc.
Now your recourse is to approach consumer court with facts about misrepresentation, and given the fact that they say they have fired the agent (which could be false statement again but that that’s somewhat secondary), it means their defence in court is already ready — that all this happened was because of false promises by an employee and company was not behind making those false promises.
If you don’t have some terms and conditions/contract kind of thing, which doesn’t match with what they plan to deliver (like tie up with Sterling) it will be a slugfest in court. And they can also say that we will deliver what is there in the contract, which may not be much anyway for the 90000 paid, so it will be on you to prove about the verbal lies and misrepresentation, which is always somewhat difficult to prove.
Hi,
I had bought a Micromax YUREKA mobile and within the warrenty period, it started showing problems. I had reported to the mobile company customer care. They assured me to replace my mobile with other one but its been 3 months since I am waiting for my mobile. I had called several times but they are making lame excuses. I have the complaint number from the customer care as well as the purchasing slip(amazon online receipt, as I had purchased online). My mobile is dead now, and I am facing a lot of problem due to that. I want to lodge a complaint against the company but dont have a clue. What to do ? Please help.
Rahul Kumar
There are so many similar complaints about mobiles gone bad during warranty but company sits on it for several months rather than fixing within few days or weeks. Some brands have more such complaints, though I don’t remember micromax complaints yet.
Complete procedure to file consumer complaint is in the article itself, that can’t be done by anyone else but you…
Hello Mr. Dev,
My friend was using a Reliance Dongle Internet Connection and she asked to cancel the Connection in January itself….
But they said never responded to the cancel request and even sent a bill for late payment which she paid also last month 15th, i.e 15th feb and in their site there is a receipt for bill paid also. She again called and told them to cancel, but then she received a call from Reliance People saying that bill hasnt been paid and that they will come home to collect, when she told bill has been paid they said they will check and didnt get back to her about it. Now again this month they have sent a bill, they have been continuously refusing to cancel the Connection or take the request for cancellation and have been sending bill since decemeber when the Initial cancellation request was made. How do we go about getting the Connection cancelled as they have been charging 1000rs and abv as the bill amount, when the plan is for ard 500rs. This has been very tiring and irritating and the customer care is not responding properly
You have to get written acknowledgment of any cancel request, and do not pay anything if it is not due… by paying what is not due, you somewhat kind of agree to their bullshit.
I suggest not to take it lightly, and file consumer forum complaint… there are many people who are followed up by these companies 1 to 1.5 years later with a legal notice to pay the dues with interest etc. And keeping quiet doesn’t really work because you won’t have a proof that the disconnection was done by them.
Hi,
This is Tapesh Syawariya. I am a regular customer of bodybuilding.com.
I was receiving my package through DHL service from last two times. Let me tell you clearly that In India if you are ordering from bodybuilding.com and shipment is coming through DHL then the things will be cheaper than the local Indian market and yes we have complete trust that goods are genuine.
I have mentioned above that if shipment is coming through DHL means (based on my experience)-
Only first time you need to give custom charges on goods and it is only 15%.
I have given custom only first time and there were no charges when i received my next shipment.
For this DHL method you (customer) needs to go to Indian Post Office and has to pay 15% duty after that they will deliver it to the shipping address.
But in case of other carriers they (carriers) will pay amount of custom when the shipment arrives, Customer doesn’t need to go to pay the custom. Custom will be the same 15% how can they pay more when government is asking for 15% but when these carrier people (for example FedEx Aramex etc) delivers the goods they ask the customer to pay 50% custom charges. Same thing happened with me when it came through FedEx (my first order) and same thing happened with my current shipment (carrier is Aramex).
So my question is Why these carriers are charging more?
Definitely bodybuilding.com will have tie up with these carriers and they will be paying some amount to carriers to deliver the goods.
They should ask customer for the custom charges that is 15% according to the government rule (which i paid when carrier was DHL) but why they are earning from customer by asking 50% custom duty?
Please provide the solution?
Thanks,
Tapesh Syawariya
If they are charging a customs tax, then it has to be same for everyone DHL or fedex etc.
First you have to check from a govt customs website or official source about the actual customs tax on such products… for all you know, DHL may be paying less customs tax!
Another possibility: For non DHL etc, just check in case they are charging something over and above as service charge, and calling it as customs tax, because many people may not try to go into details of what they are being charged once they hear the words
If anyone is doing such a overcharging of tax, then it can be a tax related offence and you can complain to customs dept too. I hope they have reward for such disclosures.
Dear Sir,
I’ve being a victim of online fraud transaction via debit card from my salaried account in ICICI bank and have lost 40000 rs within few minutes. I got the messages of making online purchases (total 5 messages amounting to 40K) which were not at all authorized by me. All this happened immediately with no time to think (except to block the card), currently have raised a complaint in police station & also raised a complaint in ICICI consumer centre with all the required documents. They have promised me to do an investigation & refund my amount if it is proven that i have not shared the details of my card (have not received any OTP’s to mobile which itself proves have not shared my card details & authorized the transactions) or not authorized the transactions.
My problem is i could not do basic transactions (since i had blocked my card) like withdrawal of money, EMI payment, which are auto-debited every month on failure of which i will be charged certain amount.
Am patiently waiting for the ICICI guys to come back with an investigation report within 15 days as promised failure of which planning to file a consumer complaint. Please guide on how to proceed.
Thank You
it’s also criminal matter and ICICI bank’s role is to do their part of the contract, but I doubt they are liable for what happened before criminals withdrew money. They can be liable to compensate of course if it was an insider job because then it’s one of the staff who has done the theft. But if it’s an outsider, they may be able to wash off their hands.
It may also fall under cyber crime so you can try that too. They will be better equipped for such things. ICICI bank will have to cooperate with them too once cyber crime complaint is opened.
For other txn like EMI better to shift to another payment mode for time being.
Consumer complaint can be filed on grounds of deficiency of service, so you will have to prove that based on whatever ICICI bank as done wrongly, or not done (but expected to have done as part of job)
Hi Vivek and Amit
Something similar happened with me 8 years ago but the amount involved was Rs 15,000. And the transaction were done in Big Bazaar and pantaloon below it. I did the FIR and and filed the application in Videocon Tower (Icici head Qtr)( I am delhi resident). They took some for the investigation and once completed, and Got a message after 20 days approx of credit of Rs 15,000 into ICICI account. They told me that they did CCTV investigation and so on…And I got money. Have patience for at least 20 days after filing your complaint in ICICI. hopefully it will get resolved
Dear All,
Actually i have Booked Bus ticket in One of the reputed online booking system, after booking i have received ticket confirmation message and eticket mail as well. at the time of bus boarding travel agent said that you name is not reflected in our list, if you book through that site your ticket has been cancelled automatically due to server issue from their end and same seat was reserved by another person so kindly contact your service customer care. after that i have called to customer care they said we have given message before cancellation but we will give full refund like that i got response from customer care but still i have not received any confirmation message regarding cancellation. after that i have send mail to then still no response 50 hrs over, now i have ticket info….in that case what should i do. could you please provide some suggestions.
I saw this after a week or so… if you feel satisfied by their response and handling of the problem, well and good. If however you are not satisfied and you can prove that this was a deficiency of service then only you can file consumer forum complaint. To prove deficiency of service you must read their terms and conditions of booking etc, if it contains a clause like “we are not liable for server /website issues between us and bus provider..”, they may try to use it as a defence, but you can argue against that also saying that they get paid to provide certain service and they can’t hide behind self-serving contractual clause which absolves them of basic quality of service.
I was using TIKONA broadband connection till last year.I registered a request to close connection in March 2015 through their customer care service.My blling date was 15 of every month.I made request before billing date.That time they told me that connection will be active till Apr 2015 but Billing will not be carried out for that.Later if i want , connection can be continued.otherwise connection will be disconnected automatically.I made payment till March 2015.
Now billing has been done for Apr and May 2015.With lot of difficulty(after making so many calls to customer care), my connection was disconnected.They agreed that i need not pay anything for miscalculated amount.I’d sent email to their customer care email id.But there was no reply.
Now also they are keep sending sms to my phone number.Now i am getting suspecious calls from various mobile numbers asking me to pay that amount again.I keep explaining them again and again and become nuisance now.
What should i do now? should i file a case in customer court?
plz guide me.
you can file complaint now itself if you want to… most probably they will keep pressurizing like this without a legal threat. This is becoming a technique by many telecom companies, because people are easily pressurized to pay up illegally than fight against.
Vague allegation like “Call form Various mobile numbers” won’t help. You have to be clear in your complaint that someone from company or their outsourced representative were behind these calls.
Dear Sir,
On 12-Feb-2016, i got my son admitted to Montessori for the academic year 2016-17, classes beginning June-2016. After few days, we got intimation of selection in another good school, which we prefer. What are my options if the first school doesn’t refund the amount…approx Rs.40,000. Pls advise.
Thank you!
Regards
Manu
Hi sir,I came across your website while I am facing one problem from flipkart.Thanks in adance for helping us in this kind of things generally most of us don’t regarding these court related things.
Now coming to my problem,I bought a mobile which was newly launched before a week and no much reviews on it.I have gone through the specifications and ordered the mobile in flipkart.But after the product was delivered,th product has no issues but I product was cheaply buid and I asked forvthe replacement .Bur in replacement they are saying that they can give the same mobile but not other even if I am ready to pay extra if that new oroduct costs more.I cannot keep that mobile with me without my interest.I am stuck with their meaningless rulesStill the product is under the return policy(30).Please can you reply what can I do for this.I am not able to tolerate this meaningless rule and the way they are asking me to keep the product with even though dont want to.The product is as it is as they delivered to me including the label they attached.Hardly I have used it for 15 min’s to see it.
If it’s as per policy, then you don’t have much chance of winning if you challenge their decision. Offer to replace same product but not by another product doesn’t seem unfair.
You may say it’s meaningless rule, but if everyone started ordering products ‘just to try’ and then replace with another if they don’t like it; it won’t work out in the long run.
I have moved my pulsar bike from pune to bangalore through Maruti Packers and Movers. They have damaged my bike like anything. Mud guard, dome, chain sprocket, scratches everwhere, bike rod everything is damaged. I paid them 4600 rs and they said they will include the insurance amount in it. The guys who delivered my bike at my location in bangalore said that the bike was not packaged at all. Now, when i ask them for claim they are not helping and arguing with me.
Please suggest what should i do. I went to one the consumer forum website for complaining but their company name is not listed in the website of consumer forum. The courier company is from Pune.
Consumer forum complaints are to be filed on paper in writing, not online. You may have seen some online complaints board, they have nothing to do with official consumer forums.
You can file complaint based on bill copy and pictures of damage sustained to bike.
where should I have to come for filing the complaint. and what are the things required for filing it.
Maybe you should read the post…
Hello Mr. Vivek
Overseas Advisers Pvt. Ltd. (website: http://www.overseasadvisers.com,http://www.canadavisafacilitation.com) took total of Rs.32973 from me in the beginning of Dec,2015 to process a work visa for Canada. But after taking the money I’m having really hard time to contact with them, the point of contact is out of the scene just after getting my money. Their activities are also very suspicious like they are not ready to disclose their names, started behaving very inappropriately specially their director named Surya Pratap Singh Chauhan(not sure if this is real name though)
Since they were not cooperating and not even ready to refund my money and asking me to pay more, I registered a complaint in a website and then immediately they started calling me middle of the night around 12.45 am and started threatening and misbehaving with me. Please check the below thread that has more details about it.
http://www.complaintlists.com/overseas-advisers-pvt-ltd-fraud/
Looks like they are just cheating with the people and taking money and not actually doing anything.
As you can see their second website is no longer available(canadavisafacilitation.com) where they had their names.
Could you please let me know how can I get a proper resolution for this.
Please let me know if further details are required.
I can’t comment specifically on their genuine-ness about visa processing, but I have received complaints about many other job providers type of fraud organisations, which take money and then continue to take money for basic things like resume writing/submission etc.
Maybe people are falling for visa providers thinking they will help to get a job in Canada too. It’s up to people to not fall for “too good to be true” kind of offers.
All these complaintlists.com type of websites are online forums, they have nothing to do with official consumer forums. So if you want to file complaint, better to file in consumer court than hoping for resolution through such online forums.
Dear Sir,
I have a prepaid aircel connection. These guys are sending post paid bill reminders since three months. to my mobile through sms. Inspite of my mails to the customer care to resolve this issue, they have not resolved it. What are the possible options before me to stop this harassment?
Complaint via email (or speed post) to TRAI at ap@trai.in and cc to aircel. consumer court is final option if they continue with this.
Hi Videv,
you are doing great help to the people in need of help. Cheers !!
i came to this forum / blog while searching for consumer court. and found out that my problem / issues are very small compared to the few needy. and the thought came to my mind, that can we find any web developers or bloggers who has these kind of issues, and welling to sabotage the advertisement on products, promoting companies (defaulters)
since most of us are occupied with day to day need of the family and work, and time is crucial to run around.
I want my country to be home. so that i don’t run to some other country and make them better then our own!.
keep up the good work !
best regards,
Helpless Indian
>>since most of us are occupied with day to day need of the family and work, and time is crucial to run around.
This short term thinking is undoing of Indians. The wheels are rotating furiously, but the vehicle doesn’t move much! But most are focused on rotating the wheels… because that seems to benefit oneself directly.
Hi Sir,I am Anil kumar from Bangalore. One of my friend has invested Rs. 3 laks in MLM-Multi level Marketing co bangalore by forcefully and by misguided by one of his colleague, he asked for the refund of his money with in the 2 month itself but now the co is telling as there will be no refund. Can we file a case in consumer court. Please advise the proceedure.
Doubtful whether jurisdiction of consumer court is applicable. It depends on the terms of the MLM, if someone was investing as a partner it becomes more of a business deal than a consumption of a service (e.g. getting interest on FD deposited into a bank).
Hi Videv,
This is Kruti. I bought Moto X Play worth Rs20000 on 21st Sept 2015 from Flipkart. After two months of use the mobile has motherboard issue so i gave it to the Motorola service center on 28th NOV to repair and i have the receipt which is provided by them. I was told that mobile will be ready within 12-15 days but still they are not returning my mobile nor a new phone. Its nearly 2.5 months that my mobile is in service center. Even though i call them often they are not taking seriously and not responsive. Neither they are providing a new phone nor refunding my money since it has motherboard issue.
Can you please help me regarding this what should i do.?
Various options are given on this site, and filing consumer court complaint is the last resort if all else fails… which to me seems might be the only thing which may work in this case.
Do add good amount of penalty etc in the complaint.. For these kind of issues, I think even buying another phone and getting full refund through consumer court complaint should be done. They have no justification for holding on to a phone for repair for 2-3 months or so, and customer can’t be faulted for purchasing a new phone elsewhere and getting refund for the non-working one. But suggested to inform them of this before it is done.
I do have a similar situation, Please help how to go ahead and lodge a complaint ,Helpline numbers are not helping me
This post gives that procedure in great detail, making the effort or not is up to you.
Exactly same problem with moto x play. Its been almost 2 months, Every time they call me and tell a new date after 14 days. Absolutely disgusted. Now I think im going to the consumer forum to get it sorted.
Hi Sir,
I brought a TV 13 months back and it was not working properly and when checked with Samsung customer care they said my TV is not at all booked for warranty and came to know that i got cheated from merchant.Initially he said it’s dealer warranty.Now he is saying it’s a shop warranty and not service centre warranty. I had a bill and everything.Can i go ahead and raise the complaint.He didn’t provided anything on bill regarding warranty and he said it’s for 1 year and it was completed now.
If you had raised the issue before 12 months, then it would be covered under warranty, not afterwards.
mr deveshwar thanks for for your suggestions. my problem is with one finance company . three years back i purchased one small commercial goods vehicle.on 48 emi basics. in the earlier two emi bounced. for the last two year no bounced and cleared regularly. in this month finance company seized my vehicle and ask to pay six emis instead of two emis . i decided to file in consumer court. please give me suggestions in this regard. thank you
It’s a commercial deal so consumer court not applicable, civil court is
Dear Sir,
I was staying in an apartment since Aug 2009 . Last agreement was with landlord in April 1st 2014 for eleven months. This agreement was already expired. In that agreement following clause was included.
“The tenant shall keep and maintain the scheduled house in good and tenantable condition as given by the owner. The tenant takes due care of the house and the furnishings including wardrobes, curtains, taps, l fittings namely 2 fans and electrical bulbs etc and to return them in working conditions without any damages. Damages if any will be assessed by the owner and recovered, from the advance amount at the time of vacating the premises and the owner has the right to do so. The tenant agrees to this clause unconditionally.”
In last dec 2015 the owner asked me to vacate the apartment. As per his date in jan 19 2016 I have vacated the house. But did not get any refund deposit money (Rs 80,000) saying above clause.
Now I do not know what steps should be taken.
Please advise.
Thanks
Amrut
You can try both consumer court or civil court
Dear sir;
I have recently purchased sony Xperia z ultra mobile through Ebay.com And i have paid for that 17,500 but with in 6 month my hand set got damaged i mean with in a warranty pireod and after that i went sony show room to repairy my hand set and given to them after few minute they are replyied me like we are sorry sir we cant repairy or we cant give a warranty because of your brought the hand set through unathoriesd web site ebay k. But if your brought through flipkart or amazon surely we will replace the hand set through warranty so we cant help you then i’m come back to home and once again i have called back to where i am get the hand set and after discussing once again i have send the mobile back to them after twenty days they are replaying me like you have to pay for display and then i have paid 8000 rupees through icici bank.
after they are receiving the amount they are replay me after one day and telling me like your mother board also got damaged and you have to pay once again. sir i didn’t understand why they are asking once again amount so please tell me sir wt to do and how i have to put the case to them and they are cheating me
Warranty may or may not be applicable on some of goods sold on eBay, it’s not about the website; but about the seller’s terms of selling product.
About motherboard etc, it could be real problem so it’s only a speculation whether they are cheating or not.
Dear Sir,
Shiri Maan Ji Mera Naam Gauri Shanker Distt. Fazilka From Panjab Se Hu
Sir Company idea 3g Tawor Hindustan Tower OF Group Banglore Ne Lagane
Ka Aggrement Letter Mujhe Diya Hai Aaj Teen Mahene Mein Mujh Se Dede Se Pone Do Lakh
Rupy Le Chuke Hai Tex Roop Main Magar Mera Abhi Tak Koi Kaam Nahi Hua Hai Ab Mere Pas
Ek Rupya Bhi Nahi Bacha Magar Mr.Ashok Jain Abhi Bhi 12900 Rs Mang Rahe Hai Sir Sabhi Ne
Mujhko Gumraha Kar Rakha Hai Sir Berojgar Hone Ke Karan Tawor Ke Liye Apply Kiya Tha Karza
Lekar Rupy Bhare Lekin Meri Koi Sunwai Nahi Ho Rahi Hai Jisse Bhi Baat Karo Wo Hi Mr. JK Rana
MD Bankar Rupyo Ki Dimand Karta Hai Sir Mere Pass Ab Ek Futi Kodi Bhi Nahi Hai Mein Or Mera
Sara Parivar Bahut Dukhi Hai Hamne Karza Lekar Sara Rupya Bhara ! Sir Aggrement Letters Main
+91-99113-77003 Mr. Ashok Jain OR {Abhinandan Jain} Or Inke Asistain Vivek Malhotra Ke
Or Pankaj Sharma {099581-12180} Ke Kehene Per Rupye Bhare Hai Magar Abhi Tak mera Kaam Nahi
Kar Rahe Hai !
Sir Ji Hindustan Tower Group Pvt.ltd.Office No.1272,7th & 8th Floor Main
Old Madras Road Bangalore{560045} Main Meri ID 123890/175 Gauri Shankar Ke Naam Se Ha
Pls Sir Meine Aap Ji Se Help Ki Guhaar Lagayi Hai Sir Meri Madad Kare Mere Pass Dene Ko
Kuch Bhi Nahi Hai Pls Sir Aapka Bahut Dhannyevaad Hoga !
Thanks For Again
Gauri Shankar Solanki
Fazilka {PB} 152123
Mob.84377-32032
It may be a fraud company, there is similar complaint from a Bangalore resident: http://www.grahaksuraksha.com/hindustan-mobile-tower-ltd-complaint/
In any case, police or civil case may be applicable, not consumer court since it’s not a consumer matter
Dear sir,
Good morning
Firstly i would like to thank you for helping the people to fight against the fraud taking place.
Sir i do have a instance were i feel that i was not given the worth of the money i spent.
I had recently visited “HORNBILL Resort,Dandeli” on 16.Jan.2016 and the booking was done through STAYZILLA. i had done booking very much in advance around 2 months prior to my visit.
As per the package purchased from STAYZILLA i had “WHITE WATER RAFTING & JUNGLE SAFARI” included but upon arrival at resort i was informed that the mentioned activities are to be paid as it is not part of the standard package offered by HORNBILL Resort.
I had to discuss the same to Stayzilla and had to make a multiple calls to them to explain the entire booking process to multiple person and get the confirmation on its inclusion, which took around 4 hours.
My entire holiday mood had got disturbed by the time i could get it included and since i got late confirmation i had to schedule the safari by next day early morning were in i had to miss “BIRD WATCHING” activity arranged by the resort for its guest and since its a one time/day common activity for the all the guest i was not able to be part of the same and had to miss it.
The other fact is i had booked a tree top resort for the stay, for my surprise at night we found lot of mosquitoes even after switching repellents and for the surprise we also had a encounter with rodents which had climbed the bed in search of food which we had carried along.
on bringing the above issues in notice to Resort they informed that we do have rodents present and they asked me why did i carry some external food as they would smell that and come in search of it.
I argued that if this is the case why is that nobody informed me during check in, i would have kept it packed.
i had asked to change the room, since they didn’t have another other room present i had to spend night at pigeon tent.
Now my query is, i had done the payment for tree house which is the premium place in the entire property but due to above inconvenience i had to vacate that in the late night and sleep in tent.
Can i book a case against both “HORNBILL Resort & STAYZILLA” as both are equally responsible for the ruining my holidays even after providing the confirmation on my travel a day before my check-in.
Apart from that there were other issues like ” water Geyser was not working and even there was no facility to enjoy bath tub (problem was the valve for blocking the water was not there) even after if being present in the tree top room”
Sir, please help me out in my case being presented to you in detail.
Regards
Sandeep. H
+91-9844243344
You can file case against both, so that they can come to court, and point fingers at each other as they most probably would anyway; but in the end one of them (or both) will become liable to pay compensation for bad service etc to you.
This would be strongest point
>>As per the package purchased from STAYZILLA i had “WHITE WATER RAFTING & JUNGLE SAFARI” included but upon arrival at resort i was informed that the mentioned activities are to be paid as it is not part of the standard package offered by HORNBILL Resort.
>>present and they asked me why did i carry some external food as they would smell that and come in search of it.
Unless the contract terms forbid from carrying external food (with some logical explanation too), this is as lame an excuse as can be. They are not running a pure restaurant which can forbid external food to avoid misuse of premises who come to eat only their own food. Why can’t people bring and eat their own food, it’s a free country?
>>Apart from that there were other issues like ” water Geyser was not working and even there was no facility to enjoy bath tub (problem was the valve for blocking the water was not there) even after if being present in the tree top room”
Above type of thing can happen in any hotel etc, so keep it as secondary points, because at max you can get some refund but not heavy penalty. The initial points should be main focus.
SIR I HAVE A PROBLEM REGARDING MY MOBILE PAYMENT FOR THE MONTH OF NOV WHICH I RECEIVED A BILL AMOUNT OF RUPEES 272 BUT I MADE A PAYMENT OF RUPEES 240 THROUGH MOBILE BANKING DATED 18/12/2015. AFTER THAT I WENT TO THE TATA DOCOMO OUTLET ABOUT THE PAYMENT BUT THEY SAID THEY HAVE NOT RECEIVED THE PAYMENT THEN I MADE A PAYMENT OF RUPEES 250 ON 23/12/2015. BUT AS PER MY BANK ACCOUNT THE TRANSACTION WAS SUCCESSFUL. BUT THE TATA DOCOMO PEOPLS ARE SAYING THAT THEY HAVE NOT RECEIVED THE AMOUNT. THEN I HAVE SENT AN MINI STATEMENT OF MY BANK ACCOUNT IN A PDF FORMAT. BUT TILL KNOW THE TATA DOCOMO PEOPLE ARE GIVING IRRESPONSIBLE ANSWER .
CAN I GO TO CONSUMER FORUM . REGARDING THIS.
Yes you can. Have some proof to give to court where they have said they haven’t received amount.
Here posting the complaint again:
Is it possible to file complaint against foreign company in India?
The company is running its business in India but people involved in the business, are not following code of Ethics of the company, due to which conflict arises and one loses his/her money. Tried to reach network compliance department of the company which handles policies and procedures but they are unable to give assurance over email if any action would be taken against them and haven’t come back with decision. Since its written in their policy if any conflict not resolved within the company then, an individual can approach consumer forum.
So, my concern is neither people in the business bother about to follow ethics, nor company makes its strong policy. Due to lack of strong policies, people within the business takes other money by giving wrong information.
Company : http://www.qnetindia.net
Which department in consumer forum I should follow up for money involving more than 1 Lakh ?
Regards,
Manju
It seems a network marketing company. If you are consumer, then you can file complaint, but if you are selling products for them, then it’s not a consumer complaint because you are like a selling partner for them rather than their consumer. Even district forum can cover more than 1 lakh.
Hi this is Swathi, thanks for the above info and request you to help me know what needs to be done for the below mentioned issue:
My ATM/ Debit card in IDBI bank has been hacked and there have been withdrawals/ use of my card in Mumbai.
But also, it may be noted that the card is with me and I was residing in Bangalore during the said period.
I have filed my complain with the IDBI, Malleshwaram and Devanahalli, Branches in Bangalore. However, I have not received any response as yet. It has almost been a month since the date of reporting the bank.
Can you please guide me ahead. I only have salary income and lost my months of savings.
Please let me know the procedure to help me get my money.
It seems like cloning of ATM/Debit card by someone. This is more in line of criminal complaint, unless you are saying that someone in IDBI has done the cloning of card. Which is something only police can ascertain after investigation. So my suggestion is to file police complaint, and then send a copy of it to IDBI also to bring it to their notice. If a criminal has done it, then IDBI can wash off its hands saying they are not liable.
hi dis anushree. thank u somuch fr providing us aa fastistic info.
i have a question to ask wid u i hope ul help me out.
vry recently i bought aa poliyogre mix of 50 rupes packet nd thats a vry big nd popular brand
bt vry unfortunatly i found a dryd dead cockroach inside that packet. bt before i saw
tat cockroach i had som poliyogare powder just to tast nd then i saw there one cocoroach
inside that packet. after that i get vomiting 3-4 times. immeditely i went to hospital
nd took aa treatment.! bt nw my question is can i file a case against on that company? nd
in which way cn i file my case i mean in which category? nd how much compensation can i ask?
please reply me thank you.
Compensation can include medical treatment + any other amount you feel justified for. You may need to write full words in complaint, not SMS style.
Hi
I purchased a Aquasure Shakthi water purifier from Whitefield. The purifier had frequent problems with it’s filter and the technicians didn’t have much idea about the product since it is new in the market. After frequent complaints they changed the filter, after a few weeks same problem as usual. The customer care agent logged in my complaint but no response, since i had shifted to Indira Nagar, i followed up with them on the same query. After repeated follow-ups and mails to their customer care mail id, there was no response.
Only after i had written to the Eureka Forbes Head-office in Mumbai asking for refund did they respond to my query but now they claim that
1. There will be no refund of the product
2. Problem of the product is it cant process bore water, only Kaveri water is adjustable.
However they are willing to replace the filter one last time.
These clauses were not mentioned at the time of sale and refusal to do service is sad. There is a 6 month warranty period and i’m still covered under it, i think they are just stalling to buy time.
Should i wait or take this up with the consumer court, please advice.
This product is at least 8 months old as per reviews on this site: http://www.snapdeal.com/product/eureka-forbes-15-liters-aquasure/551809125
1. Refund may not be possible, but if they can’t solve the problem you can of course approach consumer court and get refund (and add penalty/costs) through that route
2. Does the product manual say about borewell water? Does it say anywhere not to use it on borewell water? If not, you have strong case.
Even if 6 months are over, as long as you have written proof of raising warranty claim before 6 months, you can always take them to court. 6 months is about customer raising a complaint, not about them solving it.
Thanks, this helps a lot.
It is not mentioned anywhere in the manual about the type of water that needs to be used.
That was the main reason i fancied my chances.
Thanks again Videv!
Happy New Year 2016 Bro !!
Hello Mr.Videv,
I had booked flat in Dec-2012 at Samruddhi Sunshine project – Bangalore . Due to personal reasons I had to cancel the booking in March 2014. I had promptly made payments as per the timelines in the agreement until cancellation.
Upon carefully scrutinizing the sale and construction agreement signed, we found the below two clauses worth mentioning —
Cancellation clause:
It is categorically agreed between the parties to this agreement that this agreement is irrevocable and in case of the second party/purchaser defaulting the payments in the manner stipulated here under or in the event of the purchaser rescinding this agreement either due to nonperformance or due to the breach of the terms and conditions, the first party in their discretion shall refund to the purchaser such sums of money received from him without interest however after deducting the expenses from the apartment cost towards liquidated damages apart from recovering the expenses incurred for re conveyance of the said apartment to third parties.
Arbitration clause:
The parties agree that in case of any dispute arising in respect of this agreement the matter shall be referred to arbitration of an arbitrator in consonance with the provisions of the Indian Arbitration and Conciliation Act 1996. the sole arbitrator shall be appointed by the second party and the decision of such arbitrator shall be final and binding upon the parties hereto.
After almost 2 years we were told that the builder has confirmed via mail that a prospective buyer has been found and refunded 50% of my money back. For the balance 50%, we have been asked for an indefinite wait without any timelines and also told(by the builder) that they would file a criminal case for cancellation against us if we are taking a legal route.
Now all of a sudden there is no response from them and we are being threatened that repeated requests might lead to cancellation of agreement with the new buyer and an indefinite wait again !
Our doubts are:
1. Does the cancellation clause mean that we will be refunded only after the builder finds a prospective buyer for our flat? Cant the builder provide the amount from his firm and not wait until the prospective client pays him ? Can the above cancellation clause be challenged in court .
2. Does this clause mean that the builder can decide on the amount he can deduct as penalty? if so then can it be any percentage of amount? Also since we have been given 50% of money post 2 years, can I claim interest and harassment charges against the builder.
3. Does this clause in any sense state that there is no time limit for refund?
4. Does the arbitration clause mean that we cant approach the consumer court? or any court for that matter?
5. What is the weightage that my case has when approaching a court – If so which court should I approach.
6. Please suggest next steps .
Thanks in advance
Regards
You will need to get paid advice from a good property lawyer. As to who is a good property lawyer, I don’t really know but maybe search on http://www.kaanoon.com.
My quick thoughts (not really detailed analysis which lawyer can do):
>> 1. refunded only after the builder finds a prospective buyer
Doesn’t seem to be the case on plain reading. Would be very unreasonable. The point about finding new buyer is easy to challenge, I think they have just pushed you and you have allowed that to happen. About the whole cancellation clause itself whether it can be challenged in court, you need to check with lawyer since it may involve finer points of contract law, which I don’t want to study for purpose of queries on this blog.
2. Clause only says cost of re-conveyance, which can’t be much.
3. It doesn’t say so. Reasonable interpretation should be used in absence of specific clause.
4. I think you can approach consumer court, but again this is a point of jurisdiction so check with lawyer.
5. Prefer consumer court than civil court. Signing a contract doesn’t mean signing away 50% on cancellation!
Basically, most people don’t know about contract law and the property builders know the law, as well as how to bulldoze middle-class fearful people, which is why such cases keep coming every now and then.
I purchased LG 32 in TV happened to be 2.5 years currently it is not working due to Panel board issue.
I had paid 26K to get rectified i need to pay 15K for panel replacement.
Please help me how can the defect happen with 2.5 years where i invested 26K which is huge for me.
If it is out of warranty, then you may not have a case… except that many people have complained that LED TV’s going bad within 2-3 years and the cost of repair quoted by companies (Samsung and in your case LG) seems to be quite high compared to the cost of TV itself. You can check another person’s complaint against Samsung for LED TV in the same comments, and he was able to get 25K… but each case has to stand on its own merits.
Hi Videv,
Thank you for providing the information on how to file case in consumer court Bangalore..
Recently I experienced a problem on my new broadband connection from Airtel..
I requested for a new broadband connection through Airtel website on the same day Nov 15) the agent from airtel came and collected documents and amount (Rs.1100 I have the proof) and told connection will be provided in 2 days..
when i called him after two days then he didnt pick up the call and then I called airtel customer care and asked them to resolve this.. they took so many complaints then they told it is not possible to give new connection at the specified location so they told money will be refunded..
till dec21 the issue not resolved and yesterday when i asked through the mail they told my cheque is processed on dec 21 for Rs.1000
I paid Rs.1100 they told cheque will be for Rs. 1000(which is just processed not yet received) that too after one month time with so many calls/fights they are telling like this..
I want to file case on them .. I have all the documents/messages/call log/email conversation to support this..How much compensation i should ask
the compensation should include..
1. agent giving mental torture by not picking the calls for 20-25 times
2. airtel not informing me that connection not possible until i raised so many complaints and made so many calls
3 taking more than one month to refund.. even though i didnt request for cancellation
4. refunding less amount than what i paid to them (which is not refunded yet)
5. taking money and not providing the connection
waiting for your reply
thank you
There is no guideline on how much compensation one can ask. I will suggest 50 K at least. You can argue that because individual customers can’t or don’t have time and energy to fight for few hundred rupees, so these companies with multi crore customers can make lot of money by taking few rupees from pocket of each customer. So amount of compensation has to involve a deterrent component also on these large companies.
Thank you so much Videv.. 🙂
Hi
I want to file a case against SONY Service Center in Bangalore. I want to know if it can be filed online or I directly have to go tot the court to make the complaint.
This post and the consumer forum template describes that whole process clearly. If you can’t figure it out, probably you won’t be able to do it.
Hi ,
I have received a Pre Litigation Case from Reliance Communication couple of days back. The complaint is still open with RCOM Appellate and the resolution is still not come, before the resolution I have been sent this notice.
I have the complete email chain of my communications with all the authorities of the Reliance.
The issue is , I had asked for terminating my data card connection for which they have sent me bills which I dont feel is appropriate. I have asked them for proper clarification but they have not given any. I was willing to pay the money but only after a proper justification of the bill amount.
Do you really think it will be ok to file a Consumer complaint now or shall I appear before the Office of the Registrar.
Please advise. Thanks in advance
I don’t know what is the office of the registrar, and what authority do they have. But you can give copy of documents there along with your own story.
There is no problem filing consumer complaint in parallel, and you can let them know in writing too so they are aware you are not agreeing to close your options elsewhere. If you settle there, then the option closes of course.