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.
Virendra says
Hi,
I purchased a car in Nov-2015 but realized after one year that car delivered is actually manufactured in April- 2015 (7 month old) . This was noticed while renewing my car insurance. I raised the issue with both car manufacturer and dealer and dealer agrees that car sold is really 7 month old. ( on phone). He is ready for some free accessory/ car wash etc. which I refused.
My question, how strong is my case for going to consumer forum ? ( The only issue I see is that I didn’t realized it at the time of purchase).
videv says
I haven’t heard about this kind of problem about cars, given people are so particular esp about year of manufacture.
Generally the problem in this kind of case of going to court will be that it may be reasonably assumed that customer knew the month/year of manufacturing date at the time of buying. Caveat emptor or “buyer beware” principle can apply in such situations.
While you can say dealer should have informed about it, it may seem like a weak argument, given it’s not in dealer’s interest to tell about this kind of detail. Hiding some known defect in car would be a different matter though since the intention of passing on a defective product is more clear there.
You can try consumer forum, though I am not sure how good is the case. Your main bet is to hope court is influenced by the argument that dealer knowingly didn’t inform about age of car at time of selling. To make the case stronger, it may be good to collect some data on average time between manufacture and sale of your model, and in general of other cars in same price range/class. If it is much less than 7 months, then the case becomes strong that customer had no way of assuming a car being sold could be that old. The onus will then shift on the dealer.
Virendra says
Hi,
If the dispute id above Rs 100,000 where can I file the complaint ? Is the procedure for filing the complaint remains same?
videv says
Up to 1 lakh Rs 100 fees is payable. Up to 20 lakhs district forum is still applicable, but fees to be paid will increase based on compensation amounts claimed. I have updated the post now.
————
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 below 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.
https://deveshwar.in/consumer-know-your-rights-useful-points-from-consumer-protection-act-and-rules/
————
Aresh Talluri says
Hi, i booked OLA cab behalf of my friend.He dropped at Airport, we need to pay money to ola Rs.1103.At time period, server down my friend paid by cash Rs.1103.Same time money had deducted from my ola wallet also.I contacted to ola customer care, they told that we are not refund the amount, collect money from Cab driver only.i called to cab driver , he agreed that i have received money by cash, but i am not interesting to pay u this movement,check with ola people only.Please provide solution.Finally both are safe, i am loosing money.Please help on this.Thanks
videv says
You can file case on Ola cabs since they are the business service provider. Mention the details about driver as much as you know, e.g. name, id etc. Ultimately they have to be made to see the light that customer paying twice due to server down etc should not be made to be customer’s problem.
Kundan Dama says
Hi,
I have an hearing lined up for my court case but I wont be able to make it due to trip out of station. Is there any way I can inform court about the same?
videv says
Usually court may give next date if one of parties is not there, so if you are present on that date, it should be fine. AFAIK there is no way to inform courts outside of hearing dates.
Shrihari says
Hi Sir,
My flat’s builder gave me an option to select additional / different brand of sanitaryware from a hardware shop (Vinayak Hardware) on KR Road Bangalore, and I had paid an additional Rs 20,000/- for the selection I had made, with the assumption that the money for basic model would be paid by the builder. However due to delay in construction, I had reverted to original/basic model, but when I went to get the additional money I paid, he is stating that he will pay only the amount with 14.5 % tax deduced on Rs 20,000/- (which is around Rs 17,000/-).
I dont have an receipt, for Rs 20,000/- but just a signature on a quotation form, signed by the shop’s owner, for receiving the amount. Can I go to the consumer forum with a complaint?
Please help.
Thanks
Shrihari
videv says
Without receipt, it may lack the force of documentary evidence. But that’s at evidence stage and in complaint you can always give photocopies of whatever documents you have and in your case it’s a quotation. So you need not be very defensive about it but explain verbally in case judge asks about it at first hearing, that giving quotation is standard practise done by hardware shops etc. The judge may not ask either. They are the one avoiding sales tax or whatever by not giving receipts so it’s they who are breaking the law.
B Mathew says
There are a lot of Reliance (Rcom) consumers who got cheated when Rcom upgraded from 3g to 4g in Karnataka and other states. My billing level shot up from Rs.1200 levels to Rs.7000 level in a month… lots of customers don’t post and voice it. Already a petition is in place, however, locally this issue needs to be raised… Collections team is just harassing.
https://www.change.org/p/trai-must-act-against-reliance-communications-for-duping-customers-during-their-4g-upgrade
videv says
Affected RCOM customers can also join together and file consumer court cases. It may be possible to do so in each district forum for consumers residing in that area, let RCOM enjoy having to face cases all over India just like they want to enjoy customers’ money.
Victor says
Hi, I am also facing this issue with Reliance Communication. I took up their 3G connection in March paying 1200 INR for the wi-fi device and when they upgraded to 4G in June-July was asked to pay another 1600 INR for the new device. I had asked them to terminate their services in July….however they did not terminate the services immediately, they did not even bother to respond to my emails….and finally after multiple emails and remainders they took a request to terminate my connection on Aug 25 2016.
Meanwhile they suspended my internet connection from Aug 10th 2016 and have billed me for 4G Rental services for Aug-September while they very well know I have not taken their 4G device and the my internet usage as per the bill is Zero.
Hema says
I got my terrace completely covered by PPGL sheets dimension approx (45x25x14)feet. in the month of December 2015. I paid 2 lakh for the work. Now after rains it has started leaking from roof top at few places and also rain water enters through the side ventilation. Though he promised to give one foot extension of the roof on sides he just gave about 5″. When asked he said if there’s any problem he’d come and rectify. Now he’s asking me Rs.20000 for extending the roof on sides. I told its his duty to rectify the problem not ask any money but he’s not agreeing. He says unless I pay him he won’t rectify the problem. I’m a widow and really not able to tackle him single handedly. Pl. let me know how to go about it. I don’t know the procedure to file consumer complaint and where to go to file the complaint. Pl. help
videv says
The details on how to file are given in this post.
If you have written or some record of the agreed work then it is easily provable that he did less than promised work, because it’s easily measurable. To charge based on some promise and later change the materials to lower quality or dimensions is probably a common tactic among all kind of carpenters and such civil works contractors. It may seem a good deal initially but the ‘deal’ tends to change as things progress.
Hema says
Pl. tell me if I can file a complaint in consumer forum. If so let me know how to approach. I can collect some documents reg. the work. How many days will this take to get a solution. Will the fabricator come and do the work without any charges ? What would be the approximate charges ? Thanks
videv says
You can file complaint, and you can ask for whatever relief in that by way of finishing up of proper job, or refund for partial job done so you can spend that money to get it done by another fabricator; and of course add to that compensation of 20-50K, as motivational factor for them to come to court.
For party in person, there is no cost except minor fees already mentioned in article. For lawyer charges I can’t say but more than 5K seems high for simple cases like yours.
Erann G says
VISION HEALTH CARE (HSR Layout 7th sector- Bangalore)
Transaction through Credit Cards: Cancellation of Hair fall services & asking refund the same
Reception lady
1. My wife went to went 1st time facial in VISION HEALTH CARE (HSR layout 7th sector- Bangalore)
2. which is cost at to 325/rs Reception lady in talks explained about enquiry hair fall treatment which is cost 6000/-rs my wife is ok with that ..She gave here credit card, in between other Asst manager came and telling this will not suit for you try and go which cost about 51,000/- after paying this Manger lady came to “0” section in the same 10mts she explained Herbal treatment little more… my wife confused she said no need please no need its very expansive mean time that manage took him to VP
3. For check hair dandruff solution/hair fall, again them self all the safe discussed asking to go with 1.80/thousand it’s a 5 different medical treatments which is 60% your hair fall stops & your father hair growth will be good. Which we can give 3months unlimited hair fall treatment card swiped for remaining Amount which is forcing to take hair fall package
Up this all are very polishing way things explained this was happened in 1hours time after this she was waiting for 0 section on the same day no one is take here details and very poor giving details of treatment , after staying 5-6 hour there
She came to know no proper doctor nothing good like good trained people , till 8.30 she is there only came home and discussed with parents about all this happen which is not required but they are force able putting this for me ..
Immediately called citi bank call centre and cancelled the services instruction given for the stope payment from our side,
Next day 1st in the morning went and discussed for cancellation of services which is not required, they are saying no refund rules from our side sir you have to take service we came from there. Dispute raised in credit card how to go further Transaction refund happens or not ? or need to serve the legal notice for Refund in consumer court
videv says
If money already swiped from credit card, then only recourse may be to file complaint in consumer court.
Pankaj says
Hello Sir,
I got trapped by fraud country club (country vacation) and lost 51172/- rupees on 1st June 2016 due to their many fake promises/offers but I haven’t got any services from them.
My main issue is : That country club member said the paid amount i.e. 51172/- rupees will be converted to 36 month EMI with 0% Interest but after 2 days I got the message from Bank that EMI is converted to 12 months with 14% interest and services charges of 79/- rupees . So I am paying a huge EMI amount per month to those fraud people without any service.
I contacted them multiple time and also sent email to convert my EMI for 36 months instead of 12 month but they are telling once EMI is converted its not possible to convert again . They cheated me.
Also they had mentioned I will get many free services (listed below) as a member of country club but I haven’t got a single service or offers.
I don’t have any proof of the offers/promises what they had mentioned at the time of purchase membership . I only have few email communication which I had before with them.
Please suggest me if I will file a consumer case on them will it be helpful for me ? How can I get back my money from those fake people.
Fake promises :
============
• First they told me you are one of lucky person in 100 people . we are giving this offer to you.
• We will give you 3 card (2 country club gold card. one for you and one for your spouse and 1 vacation card).
• That Vacation card is valid for 5 year and you can use it any club, resort and 4/5 star hotel (no charges will be applied only taxes)
• Country club card is valid for lifetime and you can use it any country club resort / country vacations. No charges will be applied , only food charge is applied with 40% discount. but after login to country club I came to know there is a hidden AMC charges of 5000/- per year which they had not told me.
• 6 nights and 7 days of vacation yearly at any Country Vacation/Country Club resorts and hotel throughout India and world. it can also be extend upto 10 days
• Other than me, my wife and 2 kids, if I want to take any other couple, they will provide a separate room with nominal charges or if I am reducing my vacation days no need to pay anything .Pick up and drop from airport,bus stop ,railway station are free , Car will be provided for sight seeing at free of cost and many more.
• Two PVR movie ticket will be given to you every month.
• Shopping malls coupons will be given to you.
• SPA coupon will be given to you.
• Dinner set will be courier to your address.
and many more ,I forgot .
—
Thanks,
Pankaj
videv says
There are many other such country club ‘trapped’ who have already reported on this site. You have to file consumer complaint on documentary evidence and while it may be difficult to prove what they told you verbally, you can put all those in the complaint
Dhamayanthi says
Hi Sir,
Does consumer forum help us even issues related to government offices like Bescom. I have an issue with Bescom and how do i approach
Regards,
Dhamayanthi
videv says
BESCOM is semi private actually since last few years, and in any case since they themselves say that people are electricity consumers, so I see no reason how they can escape under consumer protection act.
Nipun Aggarwal says
Hi Admin,
I took a insurance policy from B2X for my device One plus 2 Mobile handset.this company B2X have service centres for one plus and is preferred partner and sells insurance for the device.
the insurance plan given to me covered accidental water damage and screen damage .no where in the original plan it is mentioned that theres any cap.It is written that device device is fully covered for a year clearly
I accidently dropped My device On 31-august 2016.Thereafter i saw that the screen was damaged from left hand top side.On raising below request on the mentioned siteb2xdomains.com/oneplus/
The device was picked up on 7th September. After that after multiple mails device estimate was calculated to be 13000 and it was confirmed over phone and in written that only screen damage is there and the device is repairable.i got a mail from the a insurance broker from whom B2X took insurance that the device is total loss and claim for only 11999 will be given,not only that i was told over mail and phone that the device will not be given back as company is considering total loss so it becomes companys property.
this was no there in the original Policy but when i submitted doc after damage one small clause as there fr this.
I want screen to be replaced on my own device. I have raised complaint on Consumer forum online but still am thinking of going to consumer court.
Nipun Aggarwal says
device is more then 250 days old and they are saying that we will have a depriciation value.original cost was 24000
videv says
That may be normal, depreciation schedule should be part of insurance contract… it’s just that you may not have cared to read it earlier but right now is the right time. If they keep replacing old devices at full value, they will be going out of insurance business surely and it’s just a matter of time!
videv says
It all depends on the terms of the contract, but your insistence that only screen be replaced is open to expert judgment, and if the terms say that their decision is considered final regarding the repairs vs total loss since they are assumed experts, then you may have to accept that assuming of course that the compensation is reasonable for the total loss device.
Read the terms to see if it excludes certain things e.g. it may say that if device is accidentally dropped we may not cover some plastic part or rubber part or something like that. Else I don’t see a ground for reduced compensation than full insured value of device.
ani says
Hi,
I have a One concern about cheating ,
few days back i had called INDIA MART for Steel Enquiry, they send few contact number , and Immediately I received a call mobile # , the person explained will take care your enquiry and will full .
few days back he came at my place in Village at Karnataka , he explained all and he asked for us advance we gave 12000/- to him he said will get back material today (on the day he received money).he gave cash receipt.
later 2 days he said material was delivered to wrong address, and we keep calling to him no response to his number after 5 days , we sent sms to him give back to money will cancel the deal,
we have proof of Video clip which we gave money in CC camera, we have Email Id we received Estimation and we have SMS proof which we discussed.
please suggest me how to case against him for fraud /Cheating to get back money from him.
we appreciate your help and suggestion,
Thank you,
regards,
videv says
If it’s cheating you can also file police complaint.
But I have doubt indiamart fits into consumer case, since it is a business/industrial site, so if it’s purely B2B then consumer court is not an option
Annie Jimson says
Hi, my son currently is in UKG in a play school called Little elly in Hennur Bangalore. He has been in the school since last three years. I made an early payment to reserve his seat for UKG which was 10k. Then as soon as the new school year started i was told to pay 16k which i did promptly. However in the very first month his schooling i learnt that my husband got a job transfer to kolkata, therefore we immediately informed and requested for some of the money back, please bare in mind i had already made about 90% of the fees in the first month of school. Now they refuse to give some of the money back asking us to pay even more! When we asked why, all they say is it’s school policy. I wrote to them several times i.e. the school admin but they have absolutely come up with no answers.
How do i file a complaint against this ill practice of this school? Please could you guide me. Thank you
videv says
Most schools are money sinks in this respect, any admission fees goes through one-way valve, and it doesn’t come back once it gets sucked in!
Any policy regarding refund of fees will be either on back of receipt, or on school website, or in some supposedly mysterious document kept inside school which they will never bring out into sunlight (it’s not a valid contract though if such document not shown to parents before admission). So you can check these and if nothing found, you can file complaint to consumer court. In general, it’s a very bad and anti-consumer policy to take full yearly fees in advance and then not refund anything or much when a parent withdraws child from school either before admission or maybe after studying only for few months of the school year.
ANKUSH GOWDA says
hi really tnx for the detail blog , i indeed of ur help now so pls kindly read below story and let me say what step i shoud take now.
i am using reliance CDMA DATA CARD since 4 year’s the service was pretty good till may , in may i received mail like reliance going to shut all it’s CDMA serrvice all over india so reliance asked to migrate to 4G network and i will get 4G data card with fair discount and THERE IS NO HIKE IN DATA RENTAL , AND MY SAME PLAN WILL CONTINUES EVEN AFTER I UPGRADE TO 4G ALSO. so i decided to buy DATA CARD. before buying i visited reliance store and called customer-care and get conformation about the plan’s even all told THE PLAN WILL REMAIN SAME so i ordered new datacard, i recived datacard a month ago but reliance dont have 4G service in BANGALORE/KARNATAKA , when i called customer care thay told reliance will start 4G service in AUGUEST so my new datacard is still sleeping since a monyh and over. yesterday i got a mail from reliance saying my plan will update after i upgrade to 4G i will lose my plan , i was shock to see that mail, according to that mail my plan will change FROM 999RS TRULY UNLIMITED TO 1100RS+TAX RS FOR ONLY 4 GB, for me this 4GB will over in 2 days so i called reliance and asked about the mail, they told YES NOW COMPANY CHANGED IT’S PLAN FROM NOW I WILL GET ONLY 4GB DATA EVERY MONTH FOR 1100+TAX RS (APROXI 1450RS PER MONTH). I BELIVED COMPANY AND INVESTED 1599 RS TO BUY NEW DATACARD (CUDN’T USE EVEN FOR 1 MINUTE TILL NOW) RELIANCE CHEATED ME BY SAYING MY PLAN WONT CHANGE, BUT NOW SAYNG COMPANEY CHANGED IT’S POLICY. I ASKED REEFUND OF MY DATACARD MONEY COZ OF PLAN CHANGE AND THERE IS NO 4G SERVICES IN BANGALORE, FOR THAT THEY REFUSED TO REFUND, I HAVE CONTACTED RELIANCE NODAL OFFICER, EVEN THEY DONT HAVE ANY ANSWER FOR THE SAME.
SO PLS KINDLY GUIDE ME WHAT STEP I SHOULD TAKE NOW, CAN I FILE A COMPLAINT IN consumer court , IS THERE ANY CHANCE OF GETTING REFUND? PLS GUIDE ME
TNX
videv says
you can file complaint for sure, provided you have good proof of original promise by reliance of moving to 4G service.
And don’t mix so much of uppercase/CAPS in complaint, judges may not be so tolerant.
ANKUSH GOWDA says
can u say me how much compensation i can ask from reliance? (just for reference am asking )
videv says
ask 20-50K, there are no guarantees though
Ravishekhar says
Hi Ankush,
This is Ravi from Vijayanagar Bangalore.
I’m also facing the same issue. Have done with your filing the case against Reliance.
I’m also planning to lodge a compliant on that same coming Monday.
If you have done, can you please share your number or call me at 9980548687 to discuss on this
Anand V says
Hi Ravi & Ankush,
I am Anand, also from Vijaynagar, Bangalore. Even I have the same issue with Reliance. My plan was “PRO3_999_unlimited” earlier, but now in 4G they have changed to 2GB plan and charging me for excess usage. In one of the mails Reliance had sent, they have clearly mentioned that the current data plan rentals and benefits will continue in 4G as well. However, my internet connection is barred now and I am in email contact with them to clarify this. If you have already lodged a complaint, please let me know the details, I too would want to lodge the complaint.
Thanks,
Anand
Shankara B S says
Sir, I want to know whether there is any time limit to file Execution Applicaion.
videv says
Best way is to check consumer protection act or rules (both given on this site itself), or ask admin staff of consumer forum wherever you had filed the complaint.
Sandhya V says
hi,
We want to file a consumer complaint against medical negligence against a doctor in Cloundnine fertility Jayanagar. The compensation we are looking for is above 90 lakhs. how does one go about this. The Doctor in concern, has caused grave damage and continues to practice. We have an ongoing KMC case with the same Doctor. ? what is the format that one must use to type out the complaint? and where should it be submitted?
videv says
There is no special format, and a ready made format of complaint which I had used is given in this post itself.
Read consumer court act and rules for more details on which consumer forum to approach for your asked for amount. Bangalore being capital will have both district and state level forum available for approach.
Ram says
Hi,
I purchased a sony tv around 2 years back, It was a huge investment for me as I wanted a large and good quality tv in my house. But after roughly 2 years and 6 months the TV has stopped working.
After calling the service centre, they are saying it will cost 1.1L to fix the tv. The total cost of the tv was only 2.3L
After some more research I have realised this is not actually our fault but it is a Design defect in the model and there are many people having this problem in India Itself.
Sony has washed their hands in the problem, they are saying that since the product is out of 1yr warranty they cannot do the repair for free.
Now what do I do, I cannot afford to spend any money on fixing the TV. I want to take them to court as It is unreasonable for them to tell me a 2L tv will last like 2 years. When It should last on the minimum 5.
videv says
If design defect it stands a good chance of some compensation or relief. Though technically and legally 1 year warranty is what they can hide behind, but it doesn’t seem right to use a brand name and sell expensive product, which has design defect which becomes visible after warranty period; and then start to teach consumers about their limited right under warranty.
Refer to Anil’s case mentioned in the comments, he had successfully got some compensation from Samsung for a similar LED TV fault. I had given many points on how to tackle it, so you can use similar format in this case too.
k Radha Krishna says
we have purchased a flat in Bengluru near Seegehalli and engaged a interior designer Teja interiors. he came to contact through a distant relative of Yanam AP. He assured to do the work with Green Ply gold MR for entire work except kitchen where he will use boiling water proof and Ebco or Hitech fittings. For that he has given agreement on his letter pad and ensured us after finish the work he will give completion letter with all details like total measurement and materials used including the play he used. AS we blindly believed him as he is a distant relative we paid 3.8 laks first he brought some green ply stamped ply but it is not gold it is Eco tech and that also old stock released by godown. when I noticed and asked he told both are same. In later stages we found local hinges and channels he asked the works to replace. in one bed room he designed out of discussed pattern he asked the workers to remove the laminate for redesigning. then huge local ply ozone, ankur, etc he admitted his fault and we asked decided to take legal action. then he requested us and by giving a bind-over letter he assured to replace the local wood. but he has already used heavy local ply pieces brought from various working places. he stopped to come to the working place my self I used to go in morning and used to stay with the workers and tried to complete the work. But the workers could not able to finish the work and in the half way they stopped to come for final finish. the designer forcing us to pay another 1.2 laks to start the work. when I called the mediator and inform him our desiccation to take legel action through consumer forum he designer came and asked some time by saying the middle person
Sri Suribabu is busy with daughter’s operation. In the mean time he used his local influence and approached police, local police called my son and asking us settle the matter. he is refusing to accept bind-over letter and agreement by saying they of our mad fake letters prepared by us. kindly give your valuable direction to tackle unauthorized business person looting with out and legal clearances expet local mussel power.
videv says
you can file complaint in consumer court… this kind of switching to lower quality stuff is probably well-practised tactic of some carpenter/contractors, but in your case it has gone to more extreme levels.
He took to police station, so probably you should also leave your fear and niceties now.
k Radha Krishna says
Thank you Sir for your reply
Mayank Gupta says
Sir,
I bought a Micromax Unite 3 on June 6, 2016. It stopped working on July 3 and i took the phone to their authorized service center on July 5. They told me that its a motherboard issue and phone will have to be sent to company for repairs. After 12 days I went to collect my phone but while testing it at the service center, the phone died once again.
They have once again taken it for repairs and said same thing like last time. I called Micromax to replace my phone but their refused to do so. They even refused refund saying no such company policy. I asked for assurance that phone will be repaired this time, but didn’t get any. I asked if they will replace the phone if its not repaired this time around but they also refused it. I think I have got defective phone. Can I claim refund through Consumer Court?
videv says
Yes. you can try refund + compensation if they are unable to fix it even after multiple tries. Usually, whenever people report about motherboard problem in phone, it means problem is not going to be fixed, and phone will be lying with service centres for several months.
anbarasan says
hi ,im anbarasan again.i saw ur reply.im happy about that. Actually EBAY called us and i told them all about the refurbished mobile, they asked us to see the mobile description which we ordered, where they have described that it is refurbished, and they told that they will call again the next day. so we say that description, in that it was given that it is refurbished mobile. but when we ordered it dint mention refurbished in description…now its showing like that…but the mail we received after ordering mobile from EBAY dint mention and the invoice also is not mentionad with refurbished anywere…so now im totally confused what to do…they told they will call me..but till now they dint call me… but im dam sure that while i ordered, the description did not mentioned about refurbised. so what should i do now.please help me with it.
videv says
The complete process for consumer court is given in this post, so if you are damn sure you can as well go ahead and file complaint if matter is not resolved to your satisfaction.
Anbarasan says
hi, actually I ordered for motorollo x play mobile from ebay which costs 15000…while ordering, the page of ebay in which i ordered the mobile and in the description about the mobile, it dint show any details that the mobile is refurbished, it was only mentioned Motorolla X Play with (manufacture warrenty and vat bill) but once i received the mobile, i noticed that the mobile was full of scratches and the camera quality was not good…so i called for the seller…the seller told that… .You have orderd for refurbished mobile so it will be like that only…then only i came to know that it was refurbished mobile… so i contacted for eBay and told them regarding the problem…they also told the same and told us that we cannot go for claiming…i got angry and shouted them and asked them to connect to higher officials.. they connected me and i told them the problem…he asked me to post the images of the mobile and asked me to give comments regarding the problem in ebay guarantee…so that they will contact me and talk to me regarding claim…it has become since 4 days I’m sending them the imaes and comments to them but no one is respondins us and contacting us…im totally depressed and confused what to do next…it is not a small money for me..i want my money refunded immediately….they are saying that it is refurbished mobile…but when i ordered it dint show that it is refurbished and… once i ordered, i received a mail from ebay in wich also they dint mention that it is a refurbished mobile….and the invoice which i received, once i got the mobile is also not mentioned that it is refurbished mobile…..so they are cheating us…it is totally ebay fault and mistake…. now i want to know what action can be taken against ebay to get my money refunded back immediately….please help me out in this so that i can get my money back…can i go to consumer court to get my claim…what should i do for it…what is the procedure.. please let me know and help me.
videv says
did you take screenshots of the item details page? If yes and if it doesn’t mention refurbished, then you have strong case. This information will be on details page, and ideally should be in the item title also because this is a very important point about product.
also I think invoice should mention refurbished, because otherwise it’s highly misleading to sell a brand new vs old good on same invoice… and for all you know, this method could be used to cheat govt of taxes too
shouting and getting angry is no use… ebay will have a whole staff dedicated to listen to shouts and outbursts… they might be hoping that’s all you can come up with.
procedure already mentioned in this post.
G.Palani says
Hello,
I am Palani and I had housing loan in Gruh finance due to high rate of interest I have changed to HDFC. So HDFC issued to check for the outstanding balance as of 30th Jun 2016 to Gruh finance . Which I have already given to Gruh Finance.
Gruh finance told me to pay the interest for one day that is for 1st July 2016 because outstanding balance was as of 30th Jun and HDFC given the check same. So As Gruh finance suggested I had already paid the one day interest for 1st July.
From 2nd July 2016 I have no account with Gruh finance but still they have deducted my EMI amount for the amount of 19729 / -.and still they have not refunded it yet.
My concern here is how can they go and take the amount when loan is actually closed on 1st July 2016. Due to which I am going with lot of stress and also still amount not refunded yet.
My EMI date is 10th of every month and its been already 5 days still they did not reverse this funds back to my account.
Please suggest how to file a case on this and what will be the future in this case…..
videv says
Try complaint to banking ombudsman first, and failing that consumer court is the final option.
G.Palani says
Hi Videv, Thanks for your suggestion. How do I approach banking ombudsman. Should I need to contact any bank for this resolution or If I go to consumer court will it be valid case to fight.
Please help me on this.
Regards
Palani
videv says
Read “Alternatives to consumer court…” post on this site, or just google for banking ombudsman. You can do both ombudsman and court too but better to get it sorted out using simpler way first.
G.Palani says
Hello,
If I go to consumer court then what is success rate of winning in my favour. Please tell me.
videv says
If you have evidences and they match with your story making it credible, quite high…
CHANDAN says
Hi,
Firstly, this is the first website I found very clear in explaining the ways to resolve the consumer issue. Either online or at court. Thanks for the same.
I am facing an issue with Tikona Broadband Service. I have filed the issues with core.nic and national consumer forum as of now. I need to decide if I can approach the consumer court with the evidences I have.
I have made an payment of 3206/- initially in December 2015 while taking the connection. Tikona had promised services for 3 months (i.e till March 2016 end).
But after taking the connections, I face multiple issues as follows:
Between December 2015 – February 2016 – Frequent disconnection in the connection, sometimes the internet connection will not be available for a day or two.Between February 2016 – March 2016 – Speed issues. Changed the modem, and the seniors field technicians visited the premises every alternate day to fix the issue but failed. The senior technician also informed that the server is loaded in the area and speed issue will persist.
Due to the above reasons, I have faced a lot of issues and requested for a disconnections, the rentals were continued. I had also requested for a refund of 3206/- which I had paid due to bad service. However, I did not get any reply on the same.
The speed was less then 1 MBPS. Finally, one day, I spoke to a senior executive and they promised me that they will stop the rentals. They asked me to continue the service for one month and see if the issue is resolved, if the issue is resolved I could have continues else I could have opted out of the service. Now during this period, I was told that though rental is stopped, I would not be charged any amount as its a issue from their side.
The issue continued and I sent several mails, made several calls but failed to fix the issue. Now they send me a full and final settlement bill of 2600/- + penalty of 1500/-. How do I deal with such a harassment?
The proofs I have as of now are the mails which I have sent and few screen shots of the speed test. Even now I am sending them mails, but they do not respond. But they have sent demand notice and expect me to pay the money.
Is this a winning case? Can I approach the consume court at Bangalore?
Thanks
Chandan
videv says
Whatever proofs you have, you can write a detailed point by point complaint and file to consumer court. I doubt they will budge otherwise, this kind of behaviour is quite common by telecom providers of all kinds in billing and service related issues, they keep giving some assurances that things will be fine, but later send a bill to clear the ‘dues’.
Divya says
Hi Videv,
I am having similar problem with Tikona broadband services. Few months back i faced frequent disconnections and unstable data. So i raised many complains and many calls to consumer department of tikona. I received no proper response from them then I raised a complaint in jago grahak site twice. But only tikona contacted me to remind me about there bill. Everytime for hundred’s of tikona executives i had to narrated the same story of frequent disconnection, unstable network and login issues. This has caused mental agony to me. I asked to disconnect my service but they dint respond. Also, they say i have used data, but data usage was in those chunks where i used to get connection.
This is happening since march 2016. Few days back i received a call from unknown number saying its from civil court Delhi regarding non payment of bill. If i pay the bill, they will provide me some NOC and this will act as a major proof to file a complain in consumer court. But after call I haven’t received any NOC or any related stuff. Suddenly, yesterday i received a bill from Tikona for the month on September but my Services are disconnected already in the month of July or August.
I have mail proofs of my complains and call recordings. Will this case win if i file a complain in consumer court?? And what compensation should i opt for??
videv says
You have to have proof of disconnection request made, only proof of complaints could make your case weaker since it becomes service quality issue. Win/lose can’t be known in advance, if you feel your case is strong then try it and ask for 20-50K as compensation.
Mallikarjuna says
Hello Sir,
I have problem with centuary mattress that I bought in Jan’2015. It has a warranty of 2 years. After 6 months, it went into bad state (if i sleep bed will become a pothole hurting my back). I registered a complaint and the concerned person came, verified, said its a genuine problem and will replace. It cant be repaired. Now they say, as I have used it for 18 months ( it took 10 months to take this issue to a closure), I need to pay on pro-rata basis (cost of mattress/36 months and then multiply this monthly value to 18), the cost I have to pay is almost 70% of market rate. This is atrocious.
I am planning to file a complaint with consumer forum. I have original bill, warranty card, mail conversation with company cust care and some phone calls recorded.
Let me know if this can be a valid case and will I see any success here.
Thanks in advance.
-Mallikarjuna
videv says
warranty and replacement becomes due from original date of complaint… so their argument is very weak and very Indian-type argument that you were using it after the complaint.
further I have never heard of any product where warranty repair/replace is based on pro rata usage … check their terms/conditions of warranty. Even if it says so, you can challenge it saying it’s unreasonable, esp they gave a promise to replace after first complaint, but deliberately didn’t replace it within time.
the original complaint date/record will be most important, and if you have proof of their visit and acknowledgment of the problem that can almost seal it in your favour.
ARUNODAYA.K.P says
I had purchased swipe elite smart mobile via flip cart. After 4 months the mobile has heating & camera problem. Hence i send mobile to pune service centre because we not have service centre in our home town. I send the device via DTDC courier Dated 18.04.2016 and confirmed the receipt also Dated 25.04.2016. Starting they told we will repair the device within 25 working day. Till now i not received the mobile. I send email Swipe Head office Dated 14.06.2016, they also told we will repair & send your device within 5 to 6 working days. I gone to Davanagere dist(Karnataka state) consumer court they not accept my complaint they told for online purchase we not have service to lodge complaint. what i have to do kindly advice sir.
videv says
>>I gone to Davanagere dist(Karnataka state) consumer court they not accept my complaint they told for online purchase we not have service to lodge complaint
It doesn’t seem very logical since that would mean only people in few metros can file online complaints. You can try to file RTI on the consumer court admin dept to get copy of their rules about online consumer complaints, jurisdiction etc.. It’s a longer process but RTI reply is a definite one.
Vidya S says
Hi,
I had taken up a size zero program at Vibes, J.P. Nagar, in May 2016, paying an amount of 13,500. On my 2nd session, the girl attending to me put a hot wrap on my leg. Despite telling her the heat was intense, she told me to ignore it and it will be ok. After she removed the heat wrap my skin was burnt and it pealed off. Despite complaining to one of the managers at Vibes, she said it was an accident and ignored it. She asked me to come back to continue the treatment. I was in no condition to walk as the burn really hurt and I could not wear an kind of clothing on the same. When I approached the manager Riya again, she said she will give a gift voucher. I told Riya I was not interested in any of her offers and asked her to compensate me. Riya said she will ask her manager Swathi to contact me. Swathi called me once, to ask for the incident and the photos of the burn which I sent her. However, I have not received any information nor my compensation.
Please tell me how I need to handle Vibes, they cannot ruin customers lives.
videv says
it’s serious case of very bad service, so you can file complaint to consumer court for cost of medical treatment, and compensation both…
I guess you would have got medical treatment for the problem, and it would be good to include those documents as part of complaint. The photos you had sent should be included along with proof of sending (if available).
There are other complaints of similar nature reported by others of failed/injurious/useless service at similar fitness/cosmetic improvement centres, and my general sense so far is they take it in casual manner, and hope customer will get tired and become quiet after a while.
Anusha barik says
Hello sir,
Thanks for your article!
My issue is : I got relocated to Bangalore and got all my luggage transferred through Agarwal packers and Mover(http://www.agarwalpacking.in/). At the time of leaving Pune i did not give them any Dates as to when they have to deliver that to me, since address was not confirmed to me. Now since last Thursday i am asking them to deliver it to me, as i have arranged accommodation for me, they are giving all shitty excuses.
1. Saying every time that Goods is still in Pune and will be moving today, since Sunday.
2. Same above Excuse and then by saying today it will come or tomorrow.
3. They threatened when I yelled at them about being late, that my goods is already destroyed and that Truck has met some accident.
4. Then again today they said it will come tomorrow.
I am all fed up of their excuses. I also mentioned that they can tell me openly how log will it take to deliver m things. They dint come up with any solid answer yet. They have all my stuffs
I am worried. Kindly help me out.
Kindly let me know how can I file the case in consumer court and when should i do this.
Thanks,
Anusha,
videv says
it’s not clear to where did they transfer? Did they pack and move it to their own warehouse? If yes, still they need to deliver it someday soon because unless your contract says that it has to be kept for x no of days, they have no authority to keep it indefinitely. Further keeping it with them will incur them storage charges, so there is no benefit as such.
My guess is they are operating like a old fashioned Indian style of business, where contracts are modified as the situation evolves… They might be thinking: “now that we have the stuff, where else can she go?”. And they might be sending it with some other shipment to lower their own costs.
How to file complaint is given in good detail and you can file in Bangalore itself, but before that maybe a good idea to send them a formal written letter (speed post/ courier receipt) or email (if they check emails) can be sent to them about filing consumer complaint if they don’t deliver within ___ days.
Shameer Ahammed says
Sir,
Requesting you to kindly help in filing a case in consumer court against our Institute(GFTI).
From the past 5 years, the institute authorities have been cheating the students without providing basic facilities as per the curriculum.
None of the offered facilities like professional equipments, experienced faculties are available in the institute.
Regarding these issues , we called for a strike on 12th April 2016 and we have entered day 76 of strike.
Kindly, provide us with your expert advice on filing the case.
videv says
>>we called for a strike on 12th April 2016 and we have entered day 76 of strike.
Kindly, provide us with your expert advice on filing the case.
I don’t understand what kind of effect can be there by students going on strike against college, except for bad publicity of course. Strikes basically evolved as mechanism for workers to demand their rights and put pressure on management etc. As long as the college has collected the fees in advance, they may not bother much with students’ strike. And you can’t change to another college so they may not bother about losing students either from next year.
Some of the students can join together and file a consumer court complaint, the complete details on how to do it are already in this post.
V Shyamsunder says
We the residents of a co-operative housing society in Bangalore have taken possession of an apartment building in Bangalore around 6 to 9 months back.
All of us have paid the BESCOM and BWS&SB deposits to the builder and the same are reflected in our respective agreements with the builder, but the builder has not deposited the same with those authorities.
The net result is that BWS&SB have now threatened to disconnect the drainage connection of our flats. In fact, we have already had one round of disconnection and re-connection.
The builder has been dragging his feet for the past 6 months and has been avoiding paying the deposits on one pretext or the other and is trying to extract additional sums of money from the flat owners.
Recently, the builder has approached us once again requesting our ‘cooperation’ in paying off the dues and regularizing all water and sanitary connections. But it is obvious that by co-operation he means to extract more money from the residents.
Is there some way we can avoid succumbing to the builder’s illegal pressures without running the risk of having all our utilities including lighting,water and drainage connections withdrawn by BESCOM and BWSSB?
Is there some way we can ask BESCOM and BWSSB to hold off the disconnection threat until we have sorted out the issue legally with the builder – and this could take up to 2 years or more?
And finally is there some way we can make the builder immediately accountable for his misdeeds – particularly as his actions amount to cheating and criminal breach of trust. Is the law capable of coming to our aid?
V Shyamsunder
videv says
>>Is there some way we can ask BESCOM and BWSSB to hold off the disconnection threat until we have sorted out the issue legally with the builder – and this could take up to 2 years or more?
I doubt it. Especially if the housing society has been transferred the responsibility of management of building by builder already. But you can check with lawyer on this.
>>And finally is there some way we can make the builder immediately accountable for his misdeeds – particularly as his actions amount to cheating and criminal breach of trust. Is the law capable of coming to our aid?
A court case easily takes 7-10 years in India to conclude… so immediate accountability especially for such builders doesn’t seem feasible. If his actions are criminal breach of trust, why not file police complaint already? At least you will come to know where you stand in terms of law.
Shivaprasad.b says
I had bought a automatic water level controller last year; however the sensor doesn’t work at all. When ever I contact the company service engineer they abuse and they say if you want to go to consumer court we are not scare cause they say that they are untouchables.
I thought of nook the doors of consumer court; however I don’t have the bill receipt, so still do I stand a chance to get justice.
videv says
>>I thought of nook the doors of consumer court; however I don’t have the bill receipt, so still do I stand a chance to get justice.
It makes it more difficult but not impossible. Take picture of the controller which shows brand/company name, get info from company website about model and it’s warranty. After all this, you still have to prove somehow the date of purchase is within warranty period so I can’t say what kind of product it is (does it have mfd date/batch no/serial no on it?), but you have to somehow prove that it was purchased within warranty period.
Abhinav says
Hello Videv,
Firstly Thank you for the detailed post. I am facing trouble with my Tikona internet service provider, i have been harassed for the last 3 months, I have paid 3 months advance services and from the 3rd week itself the service is not working properly and after innumerable trials and attempts in getting the issue resolved, it still remains the same. I have gone through the rude customer service calls and waited hours together to get the issue resolved and finally i gave up and asked them to cancel my service and refund me the balance amount for which they are not responding properly. Can you advice how to handle the situation.
videv says
This is a common problem with many broadband type internet providers… you have to get the evidence, and if willing, you can file consumer forum complaint as detailed in this post.
Service not working properly: collect evidence/screenshots of ping time, speedtest etc so you can prove the response times and bandwidth are not as promised in service agreement/contract/advertisement. Get these data over multiple days/times so they can’t escape by saying it could be a temporary issue.
nandish j says
Hello Team,
We of now we have 73 postpaid connections of AIRTEL, we are using it from very long time, Due to some network issues i need to poet it into some other network but airtel did not accept the porting request saying that we have a outstanding in airtel.
we have visited the airtel people place there those people are telling we have extra 253 dongle in the company name and we have outstanding of 3 lakh rupees, as we have employees of 100+ why will we take 253 dongles..?? some people have cheated in airtel for us taking our fake documents.
So please give me suggestions how to case a file on airtel and please help me out in this issue.
videv says
It’s B2B case so you can’t use consumer forum, civil court etc may be applicable
Saurabh Gupta says
Hi,
I just wanted to confirm and check from you if the Consumer Court accepts SMSs and WhatsApp chats a recorded proof.
I have lost my 2 mobiles in Dec-2014 (with insurance). I have filed a police complain also for that(have proof for that). Now my shop from which I purchased mobiles , Devendra Telecom(bangalore) asked me sign a form that said that I am ok with Devendra telecom taking claims on my behalf (they told its the usual process). I have been following-up with them continuously whether the claim payments have been done and they kept on denying that payment pending from Insurance people
Finally after waiting for one year this year I went to insurance people and checked and they conformed that both claims have been settled last year in May 2015 only (10500 and 5500).
However the owner Mr.Kamal has paid only one for 5500 till date and denied other payment till May. Now when I shared the payment details from Insurance people to Devendra telecom, he promised to pay me the other claim amount also. But it has been more than a month still no payments done from his side.
My problem is that I do have bills and claim paper with me, but he never talked to me over phone. He always cancel my calls and SMS that he is in meetings.
So all my conversation with him is over SMS and WhatApp chats where he promised me to pay the money but still not done.
So can I use the WhatApp/SMS as a proof of conversation between us and show that earlier he denied the payment from Insuarnce and now also he is pending it from 1 month.
I have all his SMS and WhatsApp from last one year. Will court treat them as a proof?
videv says
SMS, whatsapp chat are electronic documents and considered evidence… Take screenshots copies to submit with complaint, and do keep the original mobile safe always in case you need to show the chat etc on it as conclusive proof.
Even otherwise your case is quite strong, the whatsapp chat etc are just make it easy to conclude that some payment is still pending, which otherwise also you can allege except verifying it becomes more difficult for court.
Pratheek says
Hello Sir,
Had given my xiaomi MI4I mobile to service to their own official service centre called TVS electronic Xiaomi service centre in BTM on May 6th and they said that there is a problem in motherboard so need to replace it.As my mobile was coming under warranty they took it and said they will replace it with another new mother board within in 10 days .now its already 45 days passed no development on it,not responding properly giving false promise next week ,next week … making me to visit very week …they are neither telling when they are going to deliver fed up of there service …Do have all the tokens when i hv visited .Have all the necessary documents of mobile and acknowledgement given by service centre.
videv says
Generally many people have reported about mobile repairs taking long time (many months), and still not getting fixed; and a common observation is have seen when a mobile company says motherboard has problem, it means few months of repairs and still no solution at the end!
It’s already more than a month, so you can give them one final courtesy notice by email (not mandatory though), and then go ahead with consumer complaint if they don’t fix it still.
shrinivas says
Hello sir
I am Shrinivas from Bangalore. We booked one pre launch apartment 2BHK in bannerghatta road in May 2015 we went for 50% down payment which come around 7.5 lakhs and paid the amount to builder on June 2015 . builder told us that the reg will be done within 3 months and work will start Till October 2015 we wont get any update from builder. In November 2015 i found the site which was shown by builder during site visit was under dispute but builder didn’t informed us about the same. When enquired builder told there were some issue and we will resolve within a month Even in the month of January 2016 builder telling same thing. So we cancelled the project on 1 Feb 2016 as per MOU the refund will be within 75 days. But they calculated 75 working days and issued PD cheques for 16-17-18-19 May 2016 I didn’t collected the cheque and told them i will collected it on cheque present date ie on 16 may 2016. when i went to collect the cheques there exe told me there is no balance in account we will issue you DD instead collect the DD on 31 May 2016. As this date falls on company holiday I went on 1 June 2016 again he told DD is not ready give me 10 Days and by 10 June 2016 your DD will be ready and given me in writing the same. Now he is telling i will give in four parts and first part on 15 june 2016. I need your suggestion not only me many people suffereing from this builder 2 times cheque bounce and later they will issue DD to customer. I would like to know what is best solution according to you.
Your answer will benefit not only me but many customer like me who are struggling to take back their hard earned money.
How much time will it take if i go to Consumer Forum
Can your suggest any other alternate.
Is is possible for group of people to complaint against builder in Consumer Forum
waiting for your valuable reply
Shrinivas M
videv says
>>Is is possible for group of people to complaint against builder in Consumer Forum
Yes. Though I have seen general Indian tendency is to start cutting private deals rather than act as a group.
Alternatives are to file criminal case of cheque bounce only AFTER any given cheque bounces (but they are only promising DD it seems)… but again how much time that takes to resolve I can’t say since cheque bounces are biggest number of cases in criminal courts. So probably the crooks don’t mind to have these cases filed against them.
shrinivas says
As there are many people suffering from same cheque bounce issue and delay in payment. what are the alternative – can group of people approach media. or any other suggestion
videv says
There is media and there is social media… it’s a free country, you can approach anyone and use your own blog/facebook/twitter too, as long as you stick to truth.
Based on other similar situations, I have seen many people want to act after some assurance of full return on time/effort, or reasonably quick results, or some guarantee of results… no one can guarantee that. Those who try may get even more than anticipated, but one has to try first.
shrinivas says
Yes. Though I have seen general Indian tendency is to start cutting private deals rather than act as a group.- well said
I asked people who are struggling to get refund to join and fight against those people but the response is not encouraging – for single man it is very hard. without people support it is not possible. I wont give up
I called the number 1800-11-4000 they received the call -book the complaint and asked me to wait for 5 days i dont know what next how to continue
videv says
NCH usually gives guidance with consumer court complaint process, but you can go ahead without that too. They don’t have powers of a court, so they can only give info and guidance.
shrinivas says
Do i need to mention in consumer Forum – that i approached NCH
how much time will it take In Consumer Forum if the case is one sided
example in my case Neither the builder purchased the site nor any activity and clear violation of MOU. Is time varies from case to case
If somebody already approached Consumer Forum against the same builder and won the case will it be helpful in my case.
videv says
Minimum 2-6 months… other person’s case won’t help you (except to gain knowledge how he fought), because each case is decided on its own merits.
Arun Kumar says
Mr.Ravi Chopra Executive at Zoid Research called me repeatedly to take up his Co’s services by which he would help me earn profit in the stock market by investing money. At First he asked me to pay Rs.1100/- for the Co’s services which i paid on 28th of May 2016 as a registration fee and the remaining amount of around Rs.5800/- to be paid on earning of profit. I was assured by him that his company had excellent track record of providing profits to its customers and also provided me its SEBI Regn No.INA000001282 Prop. Mr. Tabrez Khan
After i paid the registration charges he asked me to open a demat account which was connected with the company. He asked me to forward the KYC documents, which i sent him. After that he told me that my Demat account has been opened (He told me that it was opened with Angel Broking Company ) and i need to deposit the money to start trading. When i asked him for the Demat account welcome kit and the ID, he told me that it was under process and i would receive it shortly.
On 31st May he asked to deposit Rs.5500/- for starting Trading ( I’m completely new to Stock Market) I trusted him and remitted the amount of Rs.5500/- in the morning and again he called me up and asked me to transfer Rs.4500/- again on the same day. Which i did. I had clearly told him i didnt have enough money to do any type of heavy transactions He assured me that that he would handle it with the available amount paid. The next morning on 1st June 2016 he called me up and asked for Rs.8000/- as he needed to make a deal in the market. He assured me again saying that i was going to make profit. When i asked him about the details of the transactions done and user id password of the trading account, he said its almost processed and i would get it shortly.
On 3rd June 2016 he rang me up again and told me that at he had sold Canara Bank shares (2000 lot ) at 199 and had held position and had fixed a target of Rs.175/-.and i would earn a profit of around 27,000/- He told me some calculation
Rs.199/share X 2000Shares lot = 398000 so i had to maintain 20% margin in order to make profit. i.e 79,600
I never authorized any of the transaction either in mail, writing or over the phone, when i asked him why was the transaction placed. He again assured that i was in a profitable position and need to pay him some more money to hold onto the transaction or else the the amount which was paid would be forfeited. so i made a payment of Rs.5000 on 03rd June
On 6th June Mr.Ravi Chopra called me and said the Broker had invested his own money in the transaction and i had to pay the rest of the money or else the money would be forfeited and had to clear off the remaining amount within 2 days to hold the same profitable position. So far i had paid Rs.23,000/- and the broker rang me up and demanded another Rs.50,000/- to be deposited immediately. Fearing that i would loose the profitable position and the initial amount i transferred Rs.15,000/- on 6th June 2016 and the same day i called up Mr. Ravi Chopra in the evening and asked him what was the matter as i had already told him that i was a new person in the Stock market and would be trading with lesser amount i.e within 10,000 and why was the deal placed without my knowledge , Mr. Ravi didnt respond properly and connected me to his senior Mr.Ankur who spoke to me and assured me that my money was safe and i need not worry about the money as his Co. Zoid Research is one of the Top most leading company and my investment was safe in their hands and i would receive the user id password after i made the remaining payment of Rs.30.000/-, he tricked me and told me to deposit the remaining amount of Rs.30,000/- to hold the profitable position. Believing Mr.Ankur i paid Rs.10,000/- online a part payment for Rs.30,000/- and rest was to be paid on 7th June 2016. I made the payment of Rs.20,000/- also through Credit card on 7th June 2016. As soon as i got the confirmation message from the credit card company i immediately called up Mr.Ravi and told him i had transferred the funds. Mr. Ravi said he would revert back after the confirmation of the payment. After sometime Mr.Ravi called me up and connected me to Aditya Sharma from Account dept of Zoid Research Co. who told me that the funds were with held by Payu money as one of the customer had sent a payment of Rs.11lakhs to Zoid Research through Payu Money. So until that transaction gets cleared other payments were kept Pending. So i was asked to again re-initiate the payment process of Rs.20,000/- to them by Mr.Aditya and Mr.Ravi to which i refused and inquired with payu money team, to which they responded that the transaction was complete and processed successfully.
I called Zoid Research co several times for 2 days neither Mr. Ravi nor Mr.Ankur were available on the call to me.
Today i.e on 10th June 2016 when i contacted the broker he replied without any concern to me that i suffered a loss of Rs.65000/- and after that Mr. Ravi Chopra sent me an email with an excel attachment for the transactions done. Losses mounting to Rs.100,000/-.
This is a clear case of cheating as i never authorized any of the transactions, my demat account was never opened and i never received any email or the message on my cell phone regarding the transactions done by the broker.
I never subscribed for their Stock market tips or for their market forecasting. The amount was meant to be invested in purchasing of shares for investment purpose on Intra Day basis only.
Please help me with this case to take up with SEBI and Consumer Forum..
videv says
Maybe if you spent some time doing own research rather than on phone with dubious financial players, it will be much better for financial health… because not losing money is as good as making that much money. I don’t know what kind of financial advisor allows clients to trade in futures by taking few thousands as margin initially. It should be minimum 1-2 lakh for single future lot.
e.g. Demat is not required for futures trading. You seem to be either unaware of this basic thing, or raising issues AFTER they have put losses into your account.
SEBI can definitely look into this, that’s their jurisdiction and they are probably lot more qualified too, so I will suggest take up with them first, and file consumer complaint either after that, or if you have the drive to follow it to the end, you can file both cases simultaneously. But I doubt it will be easy going since they will use your phone calls (don’t know if they might have recorded them too) as proof of your having given go ahead. In any case, don’t expect any results within 1-2 months.
Srinivas says
Respected Sir
I am Srinivas from Bangalore. I need your suggestion regarding my land problem.
We are 2 friends, Last year September 2015, visited a Layout near K.R.Puram, Bangalore. The layout is
good, so we made an agreement with the realtor by paying 2 Lac each as Advance. But few days later, we
found that the land is in legal problems. So we thought to withdraw and informed the same to the realtor in February 2016. After we have withdrawn, the realtor sold those plots.
Requested the realtor to return the Advance money 2 Lac payed by each. From then on realtor is just
postponing the days and not returning our advance money from 4 months. In this regard, Please suggest us how to proceed further and get back our 2 * 2 Lac = 4 lac money.
Do i need to make a complaint in Consumer Forum or there are any other ways, Please Help.
Thank you,
Srinivas
videv says
Consumer forum will be easier and much faster, but you can go to civil court too.
Depending on circumstances, this may amount to cheating under IPC, but I doubt police will be taking complaints easily, and filing private complaint in court is not everyone’s cup of tea, and you will need lawyer for that. Consumer court is much better.
Srinivas says
Thank You Very much Sir
Nikhil Kumar says
Hi Deveshwar,
Thanks for this Informative Blog.
I have a issue Related to Charging more than the MRP by Online shopping sites
Bengaluru Big Basket Charged Me Rs. 400 For a Amul Ghee With MRP Rs. 390
Few days ago, I had ordered Amul Pure Ghee from Big basket and it was charged Rs 400 on the website.
After the delivery when the bill was handed over, i was shocked to see that for one packaged Amul Ghee 1 ltr cartoon i had ordered, they were charged Rs 400. But MRP written on the labels of the Amul Ghee box was only Rs 390.
Ideally, the customer should have been charged Rs 390, which is the MRP incl of all the taxes But here the Big Basket exaggerated the MRP from Rs 390 to Rs 400 which is wrong and illegal. Thus, selling at a price higher than the MRP is a clear violation of the Packaged Commodities Rules.
When i called to customer care of big basket they are saying “we will credit Rs 10 to your big basket account”. they not even ask me to share the screenshot of package. I really don’t care about Rs. 10.
Please don’t lose your loyal customer base. Invest more in your service and quality, Invest less in your advertisements. Be loyal to your customers. No marketing strategies work better than good customer service.
Please don’t cheat with your customers like this.
Order ID.:-BBO-10934481-290516
Invoice No.:BBI-10925571-290516
Invoice Date:29/05/2016
Description Order Item. : Amul pure Ghee 1 litre(905g )
Packed :22/MAR/16
MRP(incl. of all Taxes):390/-
Batcg/Melt no: GAH0821.
Am really frustrated by this, also I don’t get proper response whenever I call to the customer care.
Please help me on this.
Regards,
Nikhil
videv says
Charging above MRP may be offence otherwise too, but consumer court jurisdiction may also apply, e.g. see similar overcharging case by IRCTC:
http://www.moneylife.in/article/irctc-fined-rs10-lakh-by-delhi-consumer-forum-for-overcharging-on-soft-drinks/31403.html
KN Venkatachalam says
Hi,
I booked a rail ticket for two passengers (I am one of them) through IRCTC in Oct 2015. My PNR No 4412703424.
Cancelled entire ticket through TDR on 25 Oct 2015 immediately after the chart was prepared before train departure, as one passenger was still in wait list.
Cancellation id : 100000071865294
TDR Registration No : 206151007854
Not receiving any settlement for my TDR, on 11 Jan 2016 Sent mail to care@irctc.co.in DD Public grievance replied vide G.50/PG/WC/2015-2016/930 who forwarded to N Prabakaran, IRCTC/SZ/Chennai. He replied saying complaint, the case has been forwarded to Asst.Commercial Manager/claims/O/Southern Railway /MAS on 31-Oct-2015 & registered vide No 206151007854 to process the refund, reply is awaited from the Office. Again registered with IR Grievance on web vide Complaint Reference Number : W/SW/SBC/000107773 dated 26 Feb 2016, who closed the case on 02 Apr 2016 saying it is being processed by southern railways. Filed a grievance again vide Complaint Reference Number : W/SW/SBC/000117889 dated 15 Apr 2016. Again they closed the case on 21 Apr 2016 saying “REGRET THE INCONVENIENCE ,RAILWAYS APPROVED THE REFUND,PAY ORDER IS PENDING ,ONCE RECEIVED AT IRCTC,THE SAME WILL BE CREDITED BACK TO YOUR ACCOUNT”. I was also on twitter since 30 Mar 2016 addressing the complaint to @IRCTCLtd, @GMSRailway, @RailMinIndia, and @sureshpprabhu Sent 5 reminders. In parallel I also Filed an RTI on 26 Feb 2016 to know what is happening vide DPG/R/2016/50634(2)RPG. DPG passed it on to Railway Board who in turn sent it to CPIO, Southern Railway. They sent it to Chief Commercial Officer & PIO, Southern Railway. Finally this got me the reply on 04 May 2016, confirming the pay order number and amount of refund passed, and will be routed through SR Accounts branch to IRCTC to credit the amount. But still I didn’t get the refund credited to my account till 24 May 2016 when I filed a third grievance vide W/SW/SBC/000127853 dated 24 May 2016. Finally I got the money credited on 27 May 2016. It has taken 7 months and more than 30 emails / complaints in grievance cell / RTI / Twitter complaint with remainders to get the refund which should have happened within 2 months automatically without any hassle. I have been subjected to lot of mental agony and protracted fighting going up to using RTI to get the result.
My question is can I file a consumer case for getting compensation for all the agony and trouble I have been subjected to?
videv says
Yes. Railways is covered under consumer protection act, so you can file for compensation etc. E.g.: see this news:
http://www.moneylife.in/article/irctc-fined-rs10-lakh-by-delhi-consumer-forum-for-overcharging-on-soft-drinks/31403.html
Arpit says
Hi
1. I have tried to book a second hand bike from Credr.com – Marketplace for used car for 33K . But the price was revised on the Website to 66K and I was told there was a technical glitch on the website during that period ( I have screenshot of my booking at 33K)
2.Same day , In another instance I reserved the bike for 48 hrs ( by paying 999 ) so that i can have a look and then decide to buy or not , But they sold it someone else within 48 hrs ( i did not even got the chance to have a look at the bike ) . [ I have call recorded with customer care they have said so ]
Please advise if we have a case good enough to pursue in consumer court and by your experience what compensation i should look for .
Any other info would be very helpful. Thanks
videv says
If the claimed price glitch happened before you placed any order, they can say anything or sing any bollywood song for that matter, and your complaint can only be that their website sucks, so you have a right as customer to stop using it and go elsewhere.
But if you have actual screenshot of booking, and some amount was also paid, then it like a contract; the problem is you will have to read the fine print on their website about what exactly is meant by booking, about the validity/time limits/fixed-ness of booked price etc; because they may have some generic clause to protect themselves, or try to interpret it in that way.
In the second case too, if you paid 999 to reserve for 48 hours, and they sold it; it’s a violation of contract (even if they refunded the money back later) because it was your right to have a look within 48 hours, without anyone else being able to buy it. At least that’s my understanding based on what you have mentioned.
Ok, I just saw their site and read the relevant terms, so you can basically ignore what I wrote above except for it’s general educational value: http://www.credr.com/terms-of-use
Main points from Clause 6 below:
6. Listing, Selling and Buying
…. All listed bikes must be kept in stock for successful fulfillment of sales. The products and services also are subject to availability, CredR shall not be responsible if at the time of completing the transaction on the Site, if the bike is not available or is sold out. You should check with customer support (add hyper link) for the availability of specific bike and services in your area. CredR shall not be responsible if there has been any change in purchase consideration of the bike or if seller is not willing to sell at the listed price or bike booked by the buyer is sold by the seller without any intimation to the buyer. It is clarified herein that in case buyer makes payment upon clicking on ‘Book a Bike’ credR shall either refund the booking amount or provide credit note or offer to sell another bike of same price in case the reserved bike is out of stock or if test drive is not available.
A quick reading suggests it is a kind of intermediary marketplace, and above clauses mean that they are absolved of responsibility where anything promised by way of reservation, or price change can be done based on seller’s preference or change of mind. So the deal is not over till it’s over — which means the bike papers, the bike itself, and the keys in your hands.
Ganapati Hegde says
I am from Bangalore, i have bad experience with my owner xyz
I have stayed more than 6 years, on same owner hose. I have deposited 65000 to my landlord as a security deposit. and i gave 75 days prior notice before shifting house.
I shifted the house by trusting him without taking my security deposit. Now he is willing to pay me only 20k back, simply he is cheating me and it is my hard earned money.
I read that as per the KA Rent Act, landlord has to paint the house for every 3year, if i am staying more than 3year no need to pay paint charges. My rent was 10k and he charged me 20k as paint charges and more than 10k for switch, bulb etc and 5k as miscellaneous charges.
I dont know how to get my money back,
Please help me.
He has not provided even fan also. I stalled my Fan and now he is telling me to leave the fan as it is his property.
His Name is xyz and staying in abc Bangalore.
videv says
Was there a written agreement?
If not, even then a security deposit is nothing but a security deposit… and it’s not about a maintenance deposit, paint charges deposit, repairs deposit etc. So you can file complaint in consumer forum to recover the balance, and ask for penalty/compensation for harassment etc too.
>>His Name is xyz and staying in ab Bangalore.
You should learn to fight your own fights, or else live with what life has dealt you. What am I going to go with his name and residence?
Abhay Desai says
Hi Deveshwar,
Thanks for this Informative Blog.
I have booked a Flat at an Apartment at Bangalore in Year 2012 and We have received its possession in 2015, but Our Builder is yet to complete all Amenities Work like Swimming Pool, Gym, and Landscaping etc.
We had approached him multiple times by visiting his Office as well as House and Every time He gives new dates to complete work, but Work is not even getting started. We had received a cheque of Rs. 10 Lacs from him 3 Months back as a Guarantee if he is not completing pending work by his promised date and when we deposited that cheque after his promised date, that cheque also got bounced.
My Queries are:
1. Can we file a case against this Builder for pending Amenities Work in Bangalore Consumer Forum?
2. How to go about it? Is there any different here OR same as you have mentioned above?
3. I have tried to register complaint at http://nationalconsumerhelpline.in/, but I don’t see any option for “Real Estate” or “Builder”.
Thanks,
Abhay Desai
videv says
National consumer helpline basically tries to guide people on how to resolve the problem… you can call them too, I am not sure though if the number works always or not.
Anyway builders are usually ‘tough’ nuts, so you may have to go legal, and it should be possible to file complaint as a group of residents too. Complaint format and procedure is same, but if the amount is large, it may be needed to be filed in state forum.
Tejas says
Thank you for your blog that gave me accurate information on how to file a consumer complaint. I filed a compliant against a Private indian Bank in the consumer forum and the date for my first hearing is 31-May-2016. All the necessary documents like envelopes, stamps, DD and supporting documents are submitted to the court. I asked the court clerk which other documents I need to bring for my first hearing. According to him, expect for copies of above documents, nothing else is required.
No reference was made to “verifying affidavit” which you have mentioned in your blog. At what stage will this“verifying affidavit” be required ? Also, what questions can I expect from the judge in my first hearing ? Any tips/preparation guidelines
videv says
Court staff seem to change their statement on what is required and not, so if they say verifying affidavit not required then you can go without problem.
First hearing: I think I have mentioned in post… but it’s not about some tips. Judge will try to see validity of complaint and may ask you few questions, so be prepared to answer gist of complaint in very short time, even though the same thing is already there in complaint copy.
1 month date is given to OP after first hearing for them to be sent notice and come to court
Rajkamal A says
Dear Sir
I am Rajkamal, I have purchased a Cello Air cooler (50Ltr tower) on April 2016 for the price of INR 9600.00. Within 10days of purchase of air cooler the water sprinkling from the cooler and my bed got full wet, afterthat the tank cover is coming out when the water tank is almost full and its getting shock if we touch the cooler.
I have called the customer care to 18001025778 on May 3, 2016 and registered my complaint and complaint no is CAAC 160503013. They have sent me the contact name and contact number of service provider they will contact me regarding this. Mr. Tyagraj – 9880591451 this person has not called me and when i called him he has not responded. Again on May 12, 2016 i have called the customer care and asked the status about my complaint he informed that there was a service provider and we discontinued the service with them. Further they have sent me new service provider contact name and contact number – Mr. Mohd Ikramulla – 9738112489 i called him several times he recieves the call and inform that he will visit in one or two days but he not visited till now. Again i called the customer care on May 17, 2016 regarding this, they informed that to contact to this number – 022-40859200 they are senior management they can get resolve the issue. I tried this number several times but no response and sometimes it was busy tone. Again i contacted Mr. Mohd Ikramulla on May 18, 2016 he received the call and given other number to contact Mr. Aslam – 9066786725 then i have called to Mr. Aslam he informed me i will visit within one or two days but till now no one has visited and repaired my air cooler.
I was fed up with this service provider and Cello company so i am giving complaint to you regarding this kindly help me and give suitable solution at the earliest.
Thanks and Regards
Rajkamal A
videv says
>>I was fed up with this service provider and Cello company so i am giving complaint to you regarding this kindly help me and give suitable solution at the earliest.
Then it’s time learn to file your own complaints, AND stop bothering me… I anyway can’t file complaints on other people’s behalf even if I wanted to
Vinay m s says
Vinay M S
Hello sir…I had booked a europe package with thomascook.in on 23rd feb 2016….I had made payment of 100000 rupees for departure date july 17…
At the time of booking wgen I enquired they said passport with 6 months validity is sufficient document for the package…
On may13 I received mail regarding documents for visa which said mandatory NOC for govt employe….
I m a govt employe in probationary period…my dept is telling NOC vil not be given til probationary period gets over…
I conveyed the same thing to thomascook and asked them to change the package to mauritius where visa is issued on arrival or refund my 100000 rupees….
But thomascook people are telling they cant do both & amount vil be forfeited….
How can I get my money back?…pls guide me…
.
videv says
Since you asked for change of date, if they can’t do it as per original terms they may have right not to refund
mayank singh says
on July 3rd 2015 i have book the shipment from pune to Delhi by french cargo packers and movers
during delivered the goods some item are broken and extra charge in name of insurance
and also send a legal notice by speed post in August 2015 month.
but could not transfer the money in my bank account french cargo packers and movers head office is Bangalore in the name of satveer choudary and his niece(Munshi Lal) he handle pune branch
some they change the name and his uncle say we shut down branch in pune but after some time i had call to book the shipment from pune to Chennai then both uncle and his niece are follow up me that means this guys are very clever . for revenue time pune branch are open but at the time of legal court they we close the branch or munshi lal is gone and other fake person is come with same voice
i have a all the receipt and original insurance paper
now i living in Delhi and OP in Bangalore it almost more than 6 month
total damage is 56,000
how much amount(compensation) for delay time
Regards
Mayank Singh
videv says
>>how much amount(compensation) for delay time
It’s up to you to ask based on amount of harassment, delay etc. I have been suggesting people to ask for 20K-50K at least over and above the basic cost/damages, since otherwise they may delay or not take it seriously (learnt from my flipkart case experience when I asked only minor compensation over cost of product).
Anthony Leo says
My Car Make – i20 Magna
MY Car Engine NO – G4LABM743501
VIN NO – MALBB51BLBM349772
Registration NO – KA-03-MP-8615
I had bought my car in 2012 at Bangalore Advaith Hyundai #41/2, Outer Ring Road, Devarabeesanahalli.
I have done 12,000 KM till date and from 2015 I started experiencing a problem, while driving the engine over heats and the coolant in the coolant tank boils and spills out completely. The Radiator fan sometimes works and sometimes stops.
This problem happened 5 times and I had to tow my car all the time to outer ring road Advaith and after one or two days I was told the problem is resolved. 4 times I had given it to Advaith at outer ring road and the 5th time I had given it to Advaith Mission Road. At Advaith Mision road I was told the problem is rectified and the cause was a faulty relay and a couple of fuse was also replaced.
But after a week or so the problem started again, the engine over heating keeps happening again and again. Every time I complained about the problem either some minor parts were changed like a wire, Fuse, Relay but this is still not rectified, i experienced the same problem 3 days back (20th Nov 2015) and when I called the service center at outer ring road, I was told to take my car to the service center at mission road Bangalore.
I have been spending 2,500 every time to tow my car plus 400 to 500 INR for the spot assistance team who would come only to say one thing and that is to get the car to the service center, once it’s at the service center all the fuel would be used to test the car. So at the end of the day all money spent is of no use.
Now i had enough of it. I have lost confidence to drive this car for even 5 km. This problem is not solved even though it took a year and the technician are only guessing the problem and are not getting into the root cause.
On 9th may 2016 again my radiator gauge shot up and the coolent was boiling and i had delivery the car at advaith outerring road.
Am I given a defective car???
Now I have lost hope on driving this car since it’s happened 6 times and it’s a horror getting your car stuck in the middle of Bangalore traffic. I even can’t sell this car since this problem is become an unsolved Mistry for the Hyundai technicians.
Now i guess this is proved here that its a defective car.
Now can i sue these guys and what next to be done. Please Advice.
videv says
>>Now i guess this is proved here that its a defective car.
With all the bills/work orders for repairs, yes.
And do mention car was not serviced anywhere else but authorized service centre. If they are cheap (which most people become if not their lawyer will use it as tactic) they will say car was repaired/serviced outside.
you can sue in consumer court… already details given in this post
Deepak Kumar says
Hi Sir/Madam,
Account #7026023362
Land Line #08041135437
Customer Application Form # TBLR7078983
Above I have provided my details, I am following up with Airtel for my refund amount of Rs 1000 from March-2016. I have raised several complaints to 121@in.airtel.com and below is the reference numbers they have provided without any solution.
Mar 24th- Reference #65963856,
Apr 6th – Reference #66366544,
Apr 20th-Reference #66878450,
May 7th – Reference #67485870,
On 16th May they responded without reference number.
Am really frustrated by this, also I don’t get proper response whenever I call to the customer care.
Please help me on this.
Regards,
Deepak
videv says
You haven’t mentioned how the refund is due. In general, Airtel or airhell, all operators and many businesses opportunistically treat consumers as prisoners, so it’s up to consumers to get together and ask for change of laws, and fast/responsive judiciary. Also, a common pattern I have seen is that businesses will have a customary ‘torture period’ for consumers before any refund given, or promised repair/servicing done; and usually the ‘torture period’ lasts few days to few weeks at least. For refunds, it’s always few weeks and your time seems to have exceeded that, so maybe it’s fit case to approach court and ask for high compensation.
Tejas Almelkar says
HI, I have recently suffered untold mental harassment and wastage of time due to negligence of HDFC Bank
As a user of premium credit card, I have credit limit of INR 600,000. At a petrol pump, the attendant swiped my card for INR 200,000 ( instead of INR 2000). The transaction was completed
As soon as I saw the error, I called HDFC bank to cancel the transaction. Few minutes later, I got a call for verification and I instructed the HDFC employee to decline the transaction of INR 200,000.
In spite of this, the amount was credited to the merchant and debit posted to my account. I could retrieve this amount from merchant after lot of cajoling.
The
I currently do not have any written record of the phone calls I made and received to HDFC bank. What preparations can I do now to file consumer complaint ? Will sending HDFC an email now help ?
videv says
>>I currently do not have any written record of the phone calls I made and received to HDFC bank
If you made calls from mobile, then call log screenshot can be a proof of calls made. Or you could get itemized bill too. Of course having written record is better since the contents of email tell about the issue whereas with call log you can’t say what was the matter being discussed. But with the serious issue of 2 lakh billed for 2K, that is easy to prove based on CC statement, and so overall it’s worth a try.
Yogesh S Kabadi says
Hi, I have a concern with one of the car booking which i had done with Maruti NEXA showroom in Dec’2015.
I was promised to deliver the car by the end of March’2016. But till date, there is no vehicle allotment also.
I have paid Rs: 11,000/- during booking and have the booking copy indicating the expected date of delivery etc.
Now after long term waiting and requests, they have told by May’2016 end i will get the car which i dont believe.
Since its high time, i want to step in to the consumer forum about this if they miss out the promise this time too.
I have all email records with me regarding the discussions which i had with the manger.
Please suggest me the probability of the case as can i sue them to make the customers wait for 5-6 months and not delivering the vehicle as per the booking copy and demand for the compensation…????
videv says
>> 5-6 months and not delivering the vehicle as per the booking copy and demand for the compensation
It all depends on terms of the advanced booking. If it has a delay or time bound clause, you can apply for compensation… my guess is it will say customer can get a refund, not much more. In that case, one can still complain because their promises over emails etc can be deemed as a contract, but without reading the terms, it’s difficult to say how strong is your case.