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.
Dear,
I bought apartment with Sobha and it is around 40L. I paid all installments and now they’re asking to pay the final installment citing that apartment is ready for possession. I said I’ll need the key when I make the final payment, which is also mentioned in the contract I have with them.
Now they’re saying they need 20 days after making the final payment to handover the keys, I asked them why do you need 20 days after I make full payment. Initially they were not ready to reply properly and now they’re saying we’ve verification process and many customers so need to plan handover. Also we inform site office to complete last fittings after we receive final payments.
I told them why are you asking for final payment if your site is not ready? and final fittings are not done yet. I also sent them document which says on handover I need to pay them final amount.
They’re threatening me of interest to be charged if I fail to make payment on the date they’ve given.
I logged a complaint online, any other additional step can be taken?
Unless the original contract is modified in writing (or via email/written communication), it stands so they cannot change it unilaterally, but this is very common practice in India to be request others to be ‘flexible’ in face of changing circumstances.
Online complaints have no legal value unless it’s part of RERA or part of such official rules.
Sometimes if you complain via twitter to company’s official handle, you can get good results so that’s also worth a try.
>>They’re threatening me of interest to be charged if I fail to make payment on the date they’ve given.
This needs to be read carefully in contract regarding terms of payment etc. Basically the payments clause will be written as a mandatory condition, whereas the clause about handing over keys may not be considered as a condition of contract the breach of which can justify customer not paying installment. You can negotiate some discount on final installment if that’s workable option in lieu of them not handing over keys as promised.
Dear Sir
I made a legal agreement to purchase a site from Karnasree Builders by paying monthly Rs 9000 for 6 years from 2007 to 2013. I made the payments on time every month via online payments and/ or via cheques. I also referred two friends and my brother in law to buy a site using this scheme and made payments for them.
In the terms and conditions of the agreement, they mentioned that once I make all payments – I have the option to sell back the site to Karnasree. Since I work abroad and changed my plans of making any further progress or construction – I decided to sell back the site to them in their buy back scheme. They sent me an email saying “Regarding your site amount paid of Rs 6,75,000/-(Six Lakh Seventy five thousand) so it will be refunded to you after deducting 20 percentage paid amount towards administrative charges, maintenance and miscellaneous expenses incurred”
20 percent is a huge amount (Rs 1,35,000) and this was not mentioned in the agreement. Also, when we visited them at their office, they said that if I want the refund it will be paid within 2 years.
When we requested to go ahead with registration – they are not registering the site but giving us GPA registration and charging 1,50,000 for the registration. They say that the Khata will not be issued and when the land is approved for registration – then we will have to register it again and then get Khata.
We are not happy with this and would like to recover our amounts. If we invested this amount elsewhere we would have got good returns. Even if we kept this as a fixed deposit – we would have good returns.
We have all the emails and payments as proof.
Kindly advise next steps.
Thanks
Aby
The original contract is more important than the subsequent emails, the emails though can modify the contract. If there is no written contract initially but mainly the emails, then you have to infer the contractual terms through email communication, and proceed accordingly to consumer forum with complaint.
Dear Sir,
We have are residing at Vijayanagar Bangalore, We have rented few houses, one of our tenant took Internet connection with our concern from Act Fibre-net 4 years back, but now we found multiple connections from the Internet box installed by Act Fibre-net which we were unaware of. Act fibre-net people say we paid some amount each month for our tenant for multiple connections and our Tenant says even we were un-aware of this.From BESCOM we are facing few problems as they are stating as commercial connection now. Don’t know how this kind of Business as being run by Act fibre-net.
Whoever have benefited from those illegal connections should be made liable. If Act fibre net facilitated it, but asking you to foot the bill then you can file complaint against them to recover all those dues, if already paid to BESCOM or to be paid in future to clear past liability.
Hello sir,
I am secretary of an apartment, which was painted with Asian Paints Apex Ultima on April 2016. The paint carries a warranty of 7 years. But within 6 months (Dec-2016), the paint started to peel off in patches. The painter sent person to do touch-up job on the patches, but the present condition is horrible. Entire wall and pillars have started to show patches. I sent a strong mail to Asian Paints, and they say, as per warrant clause, they can only provide me paint free of cost, but I have to bear the labour changes again.
The residents of apartment will not agree for another expense. In such a case, I am planning to approach the consumer forum. I have the invoice, painting execution agreement copy, stamped warranty card. Do you think, it will be beneficial for me to approach the forum?
It is not mentioned whether original painting service was also performed by Asian Paints or not, because in that case they can try to wriggle out of liability by putting the blame on bad job done by the painter you had contracted (not their employee).
If they did painting, then the warranty clause (what they mention about service warranty) has to be read. Even otherwise, if you can prove paint was applied properly, then the warranty on product should be good enough ground to file complaint. Because this would be deceptive practice to claim 7 years warranty on paint product, but give only 6 months warranty on the painting job service!
Hi Sir,
Using OYO Rooms I had reserved a room in Goa to spend some quality time along with my friends.
They charged me Rs40000 for the services which are so pathetic. ACs were leaking invariably, the room was not well maintained, it has a water leakage problem and on top of it the management denied providing spoons to us, they stated that they will provide spoons and plates only if we order food from their hotel. So we ordered the food. They dead mosquitoes fried along with bread and they never cared to provide hygienic food.
After consuming such type of food my friend fell sick and was admitted in hospital for one week. I took to raise the issue with OYO rooms. Initially they responded, we exchanged nearly 20 mails regarding this issue. Now they stopped acknowledging my mails.
After undergoing so much of pain I’m thinking of filing a complaint in Consumer Court.
Kindly suggest me the process for approaching and filing a compliant in the court.
Thanks
Process is given in detail, you have to give all points regarding amount paid, deficiency in services as you mentioned, and the emails can be given at time of evidence and a few of them at time of complaint too
Hi,
Recently I received the waterproofing service for my cellar (9feet under the ground) house from an agency in blore. Before accepting the work I made sure that agency visits the site and confirm whether they will be able to avoid water leakage. Agency said they will make it 100% for sure. The amount charged was 40KRs. No negotiation entertained because they said they will use good products and make sure problem is fixed.
We agreed to pay Rs40K. Towards that 20K was paid as advance in month of May 2017. Rest amount was paid after the work got over.
After they completed the work, they informed that we can paint the wall. But we wanted to test for one rainy season. Hence we waited for rainy season to start. In the same month i.e May 2017 we received rain and we observed floor and wall getting wet. We called up the agency and they said we will visit.
There after we received continuous heavy rain. Surprisingly we had to witness heavy water leakage inside the house. Water to a level of 4feet was seen every time there was rain.
We kept calling the agency and keep sending the videos and images using whatsapp. All the time same answer saying we will fix the issue. We had to hire motor to drain the water out. Fearing the damage and to get back the peace of mind we decided to close the cellar.
To do the same we have spent approximately 20K. We still need another 20K to finish the work.
What I need to know is whether we can lodge complaint against such service.
Yes since it’s deficiency in service. Hope you have a written agreement of warranty, or some email/whatsapp type of communication at least.
Dear Sir,
I ordered a Philips 5.1 Bluetooth Laptop/Desktop Speaker set (Model: IN SPA4040B/94) through Flipkart on 13th November 2017.
The so called product was delivered yesterday 16th November 2017 by EKART LOGISTICS at my residence. My mother received the package while I was at work. I reached home around 8:00PM and just after dinner I started unboxing the package at 9:00PM and to my horror and shock the box was stuffed with Gujrathi news papers and at he bottom there was a huge concrete interlocking brick and another piece of red brick. This is daylight robbery.
It’s not about the money, it’s about trust. Flipkart just gave me a shocker and such disgustful experience Sir. This is crime, this has to end.
I have registered a complaint with the Flipkart customer service and they have taken 24 hours time to resolve this issue.
This is the first time I have experienced something so terrible. Kindly share your thoughts Sir.
In case the packing was done by seller and not flipkart, then the liability will be on (fake) seller. You have to inform flipkart to remove that seller from selling through them.
Hi Sir,
I have given my moto e for repair in authorised service centre in july last week. I lost the bill and due to some personal reason i went to the service centre late by 3 months. They told they will not keep the phones for 3 months. Without giving prior they have put in company backlog and it was sold. I need to know if I can file a complaint that without noticing me they have sold my mobile
Read the terms of service agreement at the back of service receipt or their website. Though it is routine to mention that the item has to be collected within 30 days (or some such period), it is the first time I have heard such a scenario actually happening.
Hello Sir,
I placed a couple of orders from a website yepme.com, back in August, costing amount Rs 2561, which I paid by debit card. After a few days I noticed that the orders were not showing up in the website, so I called their customer care. They had cancelled due to non-availability without notifying me. I was assured a refund within 21 days. The days passed and I didn’t get any refund. I called them numerous times. They said the delay was happening for unavoidable reasons. Then they stopped answering the phone. I also sent out emails which seldom got replies. In October, I raised a complaint with INGRAM and I only got a generic reply that my request has been forwarded to the concerned department. On 28th October, I got a vague email saying that the amount has been charged back, please coordinate with the bank. When I asked for transaction details or any reference no., I didn’t get a reply. Till date I have not received the amount so that appears to have been a lie.
Now, I do not have email notifications of the orders and the data has been deleted from their website. All I have is my bank statements and some email communication from the seller, to prove that they owe me money. The seller is headquartered in Gurgaon.
Since the amount is not very big, may I file a complaint in the consumer court? Do I seem to have enough to prove my position?
Strange that there was no email confirmation of orders, but with the banks statements and emails regarding refund you have good case to approach consumer forum
Hi Sir,
I purchased a Sanyo LED 43″ TV through Flipkart. They send me the damaged product. After couple of calls to the customer care then they said the replacement will be done in soon. After 5 days the replacement delivered. Now the problem is the replacement product serial number and invoice serial number both are different, this i observed after 2 weeks of delivery. I contacted the customer care over phone, they told me to send the photo of product where the serial number is visible over mail to them. I did, but no response, then I called the customer care they said I will get a resolution in couple of days and sent the mail as well. but Not done as they mentioned. After couple days calling, I was frustrated and send the message saying I will go through the consumer court if I miss the warranty because of your delay of providing proper invoice. Then I got a call from Flipkart back-end team and they said they will take back the product and return the money. I asked can’t you provide correct invoice instead of taking back the product and return the money, they said NO. I asked them, all my time spent on TV from ordering onwards till date is waste? they said yes , but sorry. They said issue will be closed in their end, and I need to tell the customer care about whether I am opting for taking back the product or not within 24hours.
Can I go for consumer court on this issue or I have to take the money and kept quiet?
Probably they don’t have the right quality item available, so returning and refund may be advisable. Contesting it otherwise can be fruitful only for someone with deep legal knowledge and patience.
Hi ,I have paid a company to design a full fledged eCommerce website for me . We had a written agreement at the same time verbal agreement regarding some features of the website and also uploading of products etc. There was one particular feature which I wanted in my website and this company agreed to do it and that is why I decided to go ahead with them . As per agreement they were supposed to complete the website in 35days. These guys have employees who do not use their own ideas to design and instead I had to tell them exactly how to deign the website layout etc. I even gave them a few sample websites for reference. Instead of using it as reference they have copied and pasted most of the contents and also the layouts of the other websites I sent the for reference.
1year and 3 months past they still have not completed the website though they have completed it 80% , but the most important part of the website which they agreed to do has not been done and this is the most important feature of my website. Now they say that they cannot do the feature and require additional funds to buy a module to finish it. I paid them for the module but still they cannot finish it. The point is that 35days to 1year and 3months is a long time and still not complete , I requested a refund and they are not willing to give me the refund.
Even the logo they designed were edited versions of other logos.
I am fed up with these guys and want to get a refund and am planning to file a case against these fraudsters.
They do not let me speak to the company owners or partners and they even shout at me when I ask them about the website. (Not that i cannot shout back but it is pointless, I know). If I had launched my website I would have definitely had a lot of business as my website would have been one of its kind, that sums up to a lot of losses. But i am not asking them for a compensation but just the money I gave them .
There are also a lot of fake and also bad reviews about this company and even blogs showing how fraudulent they are.
I would like your advice on tackling this issue, I can provide evidence of the fake and also bad reviews these guys have gotten online and also blogs for the same.
What is your advice on this and would you suggest going ahead and fililng a case.
Regards
Nithin
Also not I have completely paid them for the service.
Only civil court may have jurisdiction in this issue since it’s a business contract violation/terms issue.
Dear Sir/Madam,
Greetings !!
Hope you are well. I want your help regarding one cheat case that happened with me. I have transferred 50000 RS from Money Exchange into one of well known Travel company.
One guy called me that company is providing cheap /discounted air tickets. And the package is of 50000 rs to get 7 air tickets. When I googled the company name and account i found that company is authentic and well known in Asia. So I transferred money in the company account.
When for tickets I asked after some days, that guy switch off his phone. So I contacted company directly regarding this matter. Company asked details of transition and confirmed that money had received.
But company is saying that guy has utilized the money. When I asked details like what services he used , they are refusing to tell me.
Please guide in this matter what should I do.
This is either criminal fraud, or civil contract violation case. Consumer forum applicable only if the 7 air tickets meant for your own/family use, not for resale etc.
Dear sir,
I purchased Tata Safari mid range SUV car in 2011 March from Mysore show room and it is used only in Mysore.
Until this date I have covered 40000 Kms.
From the very beginning there is one or the other technical problems.
Past two years resting started occuring at Car roof top at the front wind shield Panel. At present it has developed into big hole. In rain the water enters inside the car. Now I can see corrosion is getting developed over all sides of the body. If it is one single point I could have got tinkering done.
In the Tata service centre they also got convinced that there is defect in the metal used. Earlier they argued that it is due to hard water used for washing. When I counter argued that my previous Maruthi car even after using for ten years there was not even a single dot of rest, they got convinced.
But the Tata service people are escaping saying that the warranty period is over and we can not help.
My point is same car of 2008 and much earlier are not developed corrosion how 2011 car is getting corroded so fast.
Secondly, Rest is developing where there is no scope for water to collect or stagnate.
Many tinkering workers express surprise saying this is the first car we are seeing getting corroded so early.
I park my car in shed all the time.
Sir, kindly advice me how to proceed in this matter and to get the refund or replacement with some amount of compensation for undergoing inconvenience and difficulties.
With Thanks
It’s bad quality of product so you can approach consumer forum. Take some supporting evidence etc regarding number of years before which rust may develop, operating conditions under which rust develops and how your car has not been under those conditions. Some of these will be more useful at arguments time, but at admission stage also you may need to convince the forum members.
Dear Sir
I request your guidance in dealing with an issue related to my health policy with ICICI Prudential.
I bought this policy on 29 March 2013 with an annual premium of Rs 18000 for a sum assured of Rs 5 lacs covering three members of my family – me, my wife and my son who was 5 years old that time.
I subsequently paid all my premiums each year, on time and in full.
In June 2015 my second son was born and I approached ICICI to add my younger son to the policy and also to increase my sum assured to Rs 10 lacs.
I was asked to visit the nearest office ( Malleswaram, Bangalore in my case ) , which I did in March 2016 and met the branch manager Mr Narayan Bhat and explained to him what I wanted. He made me fill & sign certain forms and told me my new increased premium will be Rs 32000.
I paid this amount in his office same day by credit card and left. Subsequently i rcvd two letters from ICIC by regular post stating my son has been added and my sum assured has been increased to Rs 10 lacs.
A few weeks later when I checked my policy online using my user id and password, I saw that the sun assured was still reflecting as Rs 5 lacs and also none of my family members name was visible on screen.
I called Mr Bhat and he assured me that its a matter of updation and he will get it done. But it was never done and I followed up quite a few times.
In March 2017 I again went to ICICI Malleswaram office and I met the new branch manager Ms Udaya Siddani and narrated the whole story to her. She checked her system and told me that my policy has been foreclosed. I was shocked and asked why ? Who did ? What went wrong ? Why I was not called? She had no answer but she asked me to pay my due premium again which I paid by credit card to her.
She also told me that Rs 14000 was credited to me in May 2016 and subsequently Rs 18000 was credited in Sep/Oct 2016.
My premium paid in March 2017 was also credited back in April 2017.
She said she will get the policy revived and I followed up with her for almost 2 months with no results.
I subsequently approached GRO at ICICI and after pushing them I was told that they had credited
Rs 14000 to my card by error and this triggered many further events and finally drove the policy value below the minimum and hence policy was foreclosed.
Now this is not my fault. I asked them to set it right. They agreed after a lot of push and asked me to pay Rs 64000 ( 32000 for last year and 32000 for current running year ). I told them that since they did not provide me coverage last year and that this mess up is completely their doing, I will pay only for current year. Also they have foreclosed policy with none of my fault and deprived me service for which I have paid in advance.
In Aug 2017, I emailed the CEO of ICICI Prudential and requested to have a concall with me. But they have not bothered to speak to me and instead are now bent on extorting money for last year.
I have approached Insurance Ombudsman also but rcdv a generic reply ( a pdf attachment ) saying they cant take up my case.
I need a forum to be heard as I have been deprived of service inspite of paying all premiums on time. And me and my family have been exposed to extremely high risk of bearing expensive medical costs in case some untoward things happens.
I am thinking about approaching consumer court now.
Pls advise:
1. Is my case eligible to be heard in consumer court.
2. Since I have approached ombudsman, can i now approach consumer court.
3. Can i sue for lack of service, unethical practice, harassment, mental agony and bearing risk of expensive medical treatment costs.
4. Can I also sue for time bound compensation amounting to twice my sum assured ( one for last year and one for current year). After all I paid premiums each year but did not receive service.
Rgds
Mayank
1. Some details are confusing, but if you are clear that it was their mistake in sending funds back to credit card due to which the subsequent foreclosure etc happened, then you have a strong case.
2. Yes. You should mention about the fact of approaching ombudsman in consumer complaint.
3. All these can be grounds for compensation amount.
4. Forum can only give order of compensation, time of disposal will depend on complexity of case and other pending cases in court. You can ask for any compensation amount though I don’t see the logic behind double the sum assured. It will be more logical to base it on financial loss (if any), time and effort spent in follow ups, possible risk of medical need and expenses (when they foreclosed), mental harassment etc.
Basically the major point here is that you were exposed to risk of not being covered even when you had paid the premiums. That the risk did not happen is a probability, they cannot escape from their liability by stating that since the risk did not happen there is no liability whatsoever to compensate for deficiency of service.
Dear Sir
Thanks for your inputs.
1. The first return of Rs 14000 to my credit card triggered eventual foreclosure. I was never informed/consulted or taken permission from.
2. The logic of asking for compensation, double the sum assured is this – had I been subjected to medical costs each of the two years, I would have to bear all costs, upto and even beyond Rs 10 lacs a year. Luckily I was fortunate enough not to get into medical trouble and thus saved money. Point is I carried Rs 10 lacs worth of risk each year, inspite of paying upfront money. In retrospect, I did not make a claim, but that is purely my good luck and that does not absolve ICICI of their responsibility and contract. Pls advise if you see merit in this.
The way I have been cheated and now being bullied by ICICI to pay in retrospect, I really wish to claim massive compensation and highlight this on media to the extent that it acquires a shade of criminal offence and shame these companies to no end.
Rgds
Mayank
1. Usually a contract doesn’t come into force unless money is paid on time. Insurance contracts are very clear on this if you read the fine print.
2. If you work with probability, it will be:
Expected Loss = Probability of loss X Amount of loss
So:
Expected Loss = Probability of risk happening in that year (who knows, maybe found from actuarial tables based on ages of insured people?) X Amount of risk (10 lacs). So a right way to ask for compensation is based on Expected Loss which is anyone’s guess or in general for an insurance company would be based on actuarial tables.
Somehow I don’t see logic of ICICI asking for past year payment when they did not cover the risk at all! The main point you need to contest is on whose fault it was that the Rs 14K was returned to credit card. If it was their fault, then they are more liable.
Hi Sir,
I have purchased a mattress at Flipkart, before purchasing I asked to Flipkart customer care through chat whether i can change address later or not. He replied yes before the order is shipped. So i placed the order. But immediately after placing the order, i am unable to change the address. I called Flipkart customer care to change the address but they are also unable to this. And upon asking why, they are saying system is not allowing. Now they asked me to cancel the order and place a fresh order at new address. So i cancelled it and placed a new order. But the cancelled order got shipped automatically after 1 day. Upon asking how it happened, they are saying they cant track my cancellation request. I am very old customer of Flipkart and i have ordered lots of big and small things from Flipkart. So i can’t do mistake while cancelling the order. I got successful message on my Flipkart app regarding cancellation but didn’t got any sms or mail. I thought may be later i will get. Now the worst part come. This mattress has in its description on the website saying it cant be cancelled after 24hrs. Now 2 mattress are coming, one at correct address where i live and other at which i used to live in old days. I asked Flipkart to cancel the order coming at old address because i dont live there and since i have already placed a new mattress order at my new address. But they are saying they cant do anything. You will have to take both mattress. Most worst part is i have already paid for both of my order. What will i do with two mattress. Each costing 13200rs. Now i dont know what to do. I requested them in every way i could. But its like they wanted to loot money. They are showing themselves helpless as i am asking something impossible in the world. Sir please tell me what should i do. Thanks.
Sometimes cancellation terms may vary based on seller, as you saw in this case unfortunately that it was only 24 hours time window.
The other part is about the cancellation request probably not going through properly in flipkart’s systems, or other possibility they are aware of some glitch but since you don’t have SMS/email proof either they think legally speaking they are safe.
If you have the initial chat transcript where they say you can change address after placing order, you can use that as “deficiency of service”, since the problems started due to that wrong information given by them. It’s always better to save screenshots when ordering/cancelling etc.
Hello,
I recently bought a Drawing tablet from Wacom and they had sold me the product with a defective MIniDiplay Cable and therefore i wasn’t able to use it . I had asked for a replacement of the cable but its been two months and I have not yet received the cable . I keep calling the everyday but it seems like they are not ready to ship it anytime soon . DO you think i should file a case in the consumer forum . Am I eligible to do the same ?
Yes. It’s defect in product within warranty period which they are unable to fix, so you can file complaint
Dear Sir,
I had booked plot in Lavisa Planet in Chikkabelapur, Bangalore in 2010 and have paid Rs. 334000 till now. They had promised they will build a city and all amenities like golf course, swimming pool, Lakes, Villas, etc will be there.
In June 2016 I visited Chikkabelapur in Bangalore and saw there is no developments nor there are any amenities. Hence I sent a letter to them in 2016 for the cancellation of the plot and to refund my amount. I sent so many emails and called them. They are not refunding my amount. When I call the Managing director, he only says it will done from the past one year and now he never picks the phone. Kindly let me know, how can be done to get my refund.
Please find below their address in Bangalore:
Lavisa Indrastructures Ltd.
No. 17, 1st Floor, Sankey’s Road
Lower Palace Orchards, Guttahalli
Bengaluru, Karnataka 560020, India
Phone: +91 80 2356 5206
Builders are masters of this game as you can see in many comments shared by others. I hope you have some written contract of what was promised, or at least some brochures etc which can establish what they had promised to buyers. You can try consumer forum.
I have a small complaint about Meru Cabs over charging by Rs 80. Application fee of Rs 100, Rs 40 stamps, attending/visiting at least 3 times the Forum etc seems not worth the effort. But I am concerned and would like to know whether there is help line from RTO/Police.
Will be grateful for a reply.
Ragahvendran
RTO has actually bigger lines/crowd than consumer forum. Anyway, I am not aware of any complaint mechanism to RTO for overcharging. Maybe you can check their website.
Police won’t do since it’s more civil in nature.
Me and my family planned for a trip to Bhutan and were in the process of enquiring about a package tour with a private tour company located in Calcutta.
Due to scarcity of flight availability he booked the flight on behalf us from Kolkota to Bhutan and he asked to pay some package advance but I was able to pay him the exact amount of Airticket price he had quoted in the itinerary(30k). After 3 days i told him our package trip is planned with some one else but told him since i have paid and booked flight we will use only flight. That’s when he started telling arrogantly that he will cancel the flight and will not even refund that unless i take his total tour package. He even gives me warning telling he wants to see the balance package amount in his account within a day otherwise will cancel the Air ticket.
Why should I take the entire package just because he is forcing me to take also now even my family members are Also scared to go through his package. Also he threatens me telling he want to see the pending amount in his account otherwise he will cancel and not even refund.
How to handle this situation and can i go to consumer court in Bangalore because he is located in Kolkota.
I doubt you have a case, since package tours (including flight, hotel) have special discount which won’t be there for booking flights and hotels etc separately. Unless you have agreement to take only flight tickets from him, he can insist on paying for full package, or nothing. I don’t understand what is this partial payment deal you have made.
You could file complaint in Bangalore though, since you booked from here.
Dear Sir,
Kindly please help me on below mentioned matter
I have booked a flat in Bangalore and paid 6 lack rupee as a advance while doing sales agreement. All the formalities has done by marketing person who is worker of that particular project. Eventually after a couple of days due to bank verification it came to our notice that’s flat owner has already sold this same flat to somebody else 2 year back. Marketing person and flat owner has provided me illegal documents and cheated me 6 lack amount. I tried to contact flat owner but his cell is not reachable, when I contacted marketing person he is not answering properly.
Would you please guide me on above matter. Can I sue a case against these people in consumer court?
waiting for your reply
If flat is already sold then it’s more of a case of cheating/fraud etc and a criminal complaint – against the marketing person. It seems you haven’t even dealt with the company/builder, so it’s difficult to see where is the consumer-company relationship. All the deal-making is with the individual person marketer. If he is running this marketing as a proprietorship or private limited company, then consumer case can be filed against his proprietorship/company too. But right now the ingredients seem more of a criminal case.
Making forged/illegal documents etc is a crime by itself, especially since you have paid 6 lakh based on such documents.
Hello Sir, I bought a Samsung AC from Reliance digital, Bangalore in the month of April 2017. Within 2 months I started getting foul smell from the AC. It raised a complain with reliance and they suggested it might have some moisture inside so keeping running it in dry move for a week or so and it will get fixed. But after trying for around 10-15 days it didn’t work. So they forwarded the case to Samsung service team who after inspection suggested to replace the indoor unit coil telling that it has some manufacturing defect. I wanted a replacement of the whole unit as I didn’t want a major repair in a new AC but they didn’t agree for it and said it can be fixed just by replacing the coil. After they replaced the coil I again faced the same problem of foul smell within a week time. I contacted the Samsung service and the engineer who voted for inspection said he isn’t sure why this problem had happened again. After lot of escalation and countless calls and insisting for refund as I couldn’t use the AC for the whole of summer, I was finally approached by their head office who said that particular model has some defect and they want to replace the coil again with a latest model. I’m totally against it and I want a refund for the product as it didn’t serve the purpose when it was suppose to do but it’s all in vein as they are telling is already 4-5 months old and they can’t refund and only repair. Upon asking what happens if after repair the same problem happens they don’t have a convincing response and say we can look into it later. I want to know if I can file a consumer complain in such scenario and does my case fit in. I bought the AC so that my 8 months old baby can sleep peacefully but the whole summer went away trying to fix the problem. Please suggest.
Most product purchases cover defects under warranty which covers repair or replacement in some cases, but not refund. Things are not going to change based on whether the defect is minor or major or whether AC is new or old.
But your case can fall under low product quality, and deficiency in service too. So based on that you can file consumer complaint and ask for refund or other compensation etc. Even if court doesn’t award for refund, the company is bound to repair AC properly and you can get compensation for non-usage of product, and other troubles related to the bad quality of AC.
Dear Sir,
I ordered Sony 40″ TV from SVIS INDIA online on 17th July for 25,000/-(www.svisindia.com – office is located at Jaipur), but dealer couriered Duplicate Sony TV on 28th July via DTDC courier. Now am asking him for refund, he is asking to return the tv and bear the shipping charges and if damage he will not refund my money. And also instead of 25,000/- he says will refund only 21,000/- and also I need to spend 2000-3000/- to ship the tv back to dealer.
I have registered the case in http://www.consumerhelpline.gov.in, and the customer agent asked me to write a letter asking to refund and wait for 10 days to get a reply from them, if not they will suggest me about next step. Tomorrow i will be sending the letter to dealer.
Mean while I want to know can i file a case in Consumer court in Bangalore and ask for full refund?
as I proof I have documents like payment of 25k, whats app chat, phone call recordings, etc, will this is enough to file a case? and can I also file a FIR in police station in bangalore? as the dealer is from Jaipur.
Please suggest me what to do?
It should be possible to file in Bangalore since they are ecommerce company and selling all over India.
You could wait for their response to your sent letter first.
An alternative is to first get the lesser refund they are promising, and later claim for balance amount, and add to it penalty/compensation etc.
Hi Vivek,
I am part of a whatsapp group that is run by a good friend’s sister. She sells clothes, jewelry and other household items through this group. Recently I placed an order based on the pics that she posted. I transferred the money to her bank account. When I received the order it was not what was in the pics, hence I requested for a refund / exchange. To this she responds stating its not possible as it was a sale and that the original would cost higher, so I have received imitation. I was not informed about no refund / exchange and nor was I made aware that I would receive imitation. And now she refuses to return / exchange the product stating seller is not agreeing. Nor was any of this posted on the group.
Is there any way that I could take her to consumer court as she is clearly taking customers for a ride. Also, I was wondering if this is what sellers are doing to avoid paying tax. This is not about the money but is she not responsible when she is not explicit on any of the rules on the group.
Can you please advise the best course of action.
Regards
Shwetha
Based on my reading, the person selling through Whatsapp group also falls under definition of trader under Consumer Protection Act.
https://deveshwar.in/the-consumer-protection-act-1986/
So a complaint can be filed against her. Address of place of business is required to be able to send postal notice by consumer forum.
Since you have proof of product pics, order given, payment via bank; the evidences /documents are all there. Unless it was obvious to a reasonable person or clearly mentioned that the items in sale are imitation products, seller has no ground to refuse refund.
Electronic documents (like whatsapp messages) are also considered as written evidence as per Indian Evidence Act. You should preserve those whatsapp chats on the original device itself, even though at time of filing complaint one can give print of screenshots etc.
Thank you so much for taking the time put and helping on this issue, Vivek. I have all the above mentioned documents/d. Can you please let me know the process to proceed or a link that I could go through for the same.
Steps are given already in this post. For any doubts, you can call consumer forum number given and they can clarify.
Hello Sir,
I bought OnePlus 3 on 24th Sep, 2016 with one year accidental warranty by Servify. On 2nd June’17, while having brunch, my mobile was kept on the table. One of my office colleague unintentionally moved the table while getting up from his place. Because of which a glass full of water fell down on my mobile. As a precautionary measure, on my reflex I switched off the mobile. But it was too late. After few days I restarted my mobile, and it was working fine except the recent and back button.
I have accidental warranty, I gave my mobile for servicing through Servify app.
Now comes the worst part:
Servify reverted on my multiple mails saying this claim request is beyond their economic repair cost and I am only eligible to get 6,000 as reimbursement. Which is fine for me, after all its mentioned in their policy.. But look at the estimated repair cost!!!! 48,030 INR!!!! Seriously! How can the repair cost be more than the actual mobile cost. What kind of policy is in place which gives you this huge estimates for the repair even after my phone is switching on? This is insane and I am totally disappointed. I asked them to explain this expense upon which they said ‘the estimated cost of repair is provided by the OnePlus Authorised Service Centres as per the diagnosis of the device’.
This whole thing got very viral on social media. Indiatimes, BGR, Phoneradar and several other story writers covered my story after which they offered 50% discount on the repair cost which i have declined. Do you think filing a case against them will compensate the amount of trouble i have gone through?
Here are the links where this story was covered.
http://www.indiatimes.com/technology/news/a-oneplus-3-owner-was-charged-a-bill-of-rs-48-000-to-repair-his-water-damaged-smartphone-324165.html
http://www.bgr.in/news/heres-why-a-oneplus-3-customer-received-a-repair-bill-of-rs-48000-for-a-rs-28000-phone/
https://phoneradar.com/oneplus-service-center-asks-water-damaged-oneplus-3-owner-rs-48000-fix-rs-28000-phone/
Please help I’m very confused
For a moment forget that the story became viral, just so you don’t get a biased idea of winning the case easily.
Servify seems to be a go between between various manufacturers and customers, for purpose of repair/insurance/warranty etc.
The oneplus 3 terms are at:
https://servify.in/termsandconditions/oneplus-tnc/
Few things which are in your favour:
1. Cost of 48,000 seems inflated, e.g. battery back cover for 9900? Some people are saying that individual parts replacement/repair may cost more than an automatic assembly of new phone, but still it doesn’t seem right.
2. What they have offered you Rs 6,000 is actually not listed in the terms anywhere. They are supposed to either replace OR give you the depreciated value of phone (and take the phone back). The depreciation amount would be 50% or 75% based on whether < 250 days or > 250 days. Read below:
—————
Accidental Damage Protection
If the Covered Equipment is replaced under this Plan, the original equipment shall not be returned to the Beneficiary and only the replacement product is your (Beneficiary) property, with coverage for the remaining period of the Plan as per the terms of the manufacturer’s limited warranty. Similarly, if the Covered Equipment is beyond economic repairs, the applicable depreciated amount will be returned to you as settlement subject to you returning the original device along with its original accessories and original box to Servify.
Covered Value
Maximum Covered Value is equivalent to the depreciated value of the Covered Equipment at the time of submitting a Claim for availing accidental damage protection. Claim limit is one repair instance (i.e. repair or replacement) of your Covered Equipment. If the repair or replacement charges are more than the Covered Value, the Beneficiary will have to bear the differential price for obtaining the repair or replacement as determined by the ASP. The Beneficiary has to pay a Compulsory deductible/Excess charge of Rs. 1000/- in case of repair/replacement during any claim event.
—————
So I don’t see for what reason did they sent you a repair bill. They should have offered a replacement product or a refund along with return of device to them.
I suggest to ask them based on the terms (do take screenshot of it too), and get whatever is due. 6,000 seems to be less even if 75% depreciation is over. It should be 7,000 then. That is one count of deficiency of service (for consumer complaint if it comes to that).
Now coming to the part about sending bill of 48000, I think for a business like them (servify, oneplus, or both) it’s very unprofessional. If they don’t follow their own terms and conditions and give the right information about replacement or refund of depreciated value, it’s a dubious and maybe fraudulent business practice. Even if you were not eligible for replacement, they have wasted time and given a wrong information because repair of device is not even possible as per their own policy. So that can be added as second count of deficiency of service.
You can read the terms again carefully, send them email/letter to clarify and ask them why consumer complaint shouldn’t be filed on them for misleading and giving less than 7,000 depreciated value. If they don’t budge, then you can file consumer complaint.
For purpose of consumer complaint, the news stories coverage will be of no value.
One more point about 48K repair bill is that they may be promising this accidental insurance as a way to attract customers to purchase the phone by giving the impression that the value of accidental insurance is a highly valuable offer, however the value is near to zero since they don’t intend to give anything more than depreciated value back. It’s an economical argument, but very important one since it makes it into a no-benefit situation for customer in reality and a dishonest business practice.
I had given an interior contract of my house to a guy representing a firm online and having a physical presence as well in bangalore in February 17. We didn’t go for a legal contract or something but he sent me quotations and he agreed to finish up the work in 2 months which got delayed to 3 and now 4. And now from last few days he has stopped responding totally to me through any means. I have his mails, his whatsapp messages etc as a evidence on what all he agreed to do in how much time. I have paid him more than 60% of the estimate whereas work on the site is not even 40% of what was committed. All the payment transfers have been done through cheque or bank transfer.
Now my query is, do I have enough valid evidences like I have emails and whatsapp from his official email id and contact number and I have the bank details of the account. Do I have enough in terms of proving my point in consumer forum?
Do you think filing a police complaint would help in this case?
It’s not a police complaint, but you can file consumer forum complaint with all emails/messages as evidence. Contract can be deemed to be in place based on various communications between parties. Quotation, payment, and 2 months are basically initial conditions of contract and further messages can shed light on what works were agreed upon, or changed as time progressed. Not completing even after 4 months is one aspect of “deficiency of service”, among others.
Thanks Vivek for your quick response, I appreciate that. So as per the details, first I should try seeking help from NCH and then a written/email notice followed by the consumer forum complaint right? Everything is there in whatsapp conversation including the rude responses wherein he’s behaving as if he’s doing a favor. So I hope I can prove it with my evidences that he’s at fault and I can claim even the compensation for Mental trauma we are going through from past 1 month in trying to contact him by any means to understand the reason of this .
NCH is actually advisory only (based on my last experience with them) and they also suggest to send legal notice/letter first before filing consumer complaint. So you can skip NCH and directly send notice before consumer complaint
Great, so legal notice has to be sent by a lawyer or it can be drafted in following some format and then attested stamped later. Sorry for bothering you a lot
Your own letter on plain paper, no need of any notarization etc. It can be sent through lawyer also but then your cost will increase for something relatively simple.
Great, thanks a lot for your timely response…. Believe me you are doing a wonderful job by helping others. I fortunately was able to connect with him yesterday and called him up for a meeting. Planning to sort this out before taking such action. I am thinking of signing a legal agreement for rest of the work if he is willing to take it forward. Any pointers to sample agreements of such contract, any further detail would be of great help.
A contract should have payments based on milestones, work required at each stage, materials specification, any design/measurement specifications etc kind of things. Any format will do as long as these things are clearly mentioned. Anything which can change cost of materials or labour should be covered. For more advanced, you can put a penalty clause for delay like reduction in payment upon delay beyond so and so date.
My book also covers about basics of contract law: https://deveshwar.in/wp35/wp-content/uploads/2016/10/Surviving-Legal-Jungle-Vivek-Deveshwar-20161002.pdf
Thanks Vivek, this is helpful
HI,
I got my wife’s Blr~HKNG (to & fro) tickets done through makemytrip.com. Due to some issue my wife couldnt board the onwards (morning) flight, but she booked another one on the same day she booked a late night flight to reach hongkong. I was already there for my office purpose & decided to call her over for a holiday trip.
A day before our return i tried doing my web checkin & found that makemytrip had already cancelled my wife’s return tickets…(Honestly, it was a huge toll on our mind, cause we were short of money also)…
While makemytrip cancelled, they never informed us that they cancelled our tickets…I agrued with them (spent nearly 4K on a international call with them) but they refused. They finally refunded the amount & deducted the cancellation charges for both the flights.
1) Can i claim compensation for all the mental trauma & super expensive flight we booked for my wife
2) can i claim back the deduction charges they did on the return flight (which they cancelled).
I have all necessary emails, infact the irony is that even after they had cancelled the flight, their website continued showing the tickets as “Upcoming” & not “cancelled”
I have tried settling this via consumer forum (ingram website) but they closed the ticket..
Thanks
It all depends on contract terms whether not boarding outward flight can lead to cancellation of return flight also. You probably haven’t read that and you should, else filing consumer case will be waste of time. There seems to be a economic logic in the sense that if the airline knows for a fact that if you didn’t board outward flight then they have good reason to believe your trip is cancelled and they may have a clause that they can free up the return ticket for other passengers. The important point also is that the airlines/hotels (for package deals) sell round trip tickets at much cheaper rate compared to separate outward and return tickets. That discount works out for them only if person takes both the flights.
Any claim for compensation, alternative ticket, charges etc can be done only if the terms don’t mention about what happens if you don’t board the outward flight.
Hi, I have filed a case in consumer forum in Bangalore.
Notice was served to opposite party and they appeared.
After that their lawyer asked time to file detailed version on objections.
They have given next date on June 23rd 2017. After that I got a prior engagement on same day.
I will not be in city on that day.
Can I get the hearing postponed to other day by giving in writing to consumer forum?
If I miss hearing they will provide other date or case is closed?
Request you to ease help me in the matter.
You can check that with consumer forum staff. Missing one hearing won’t get your case closed but if repeated it can. And in fact, that day is for them to appear with submission of their objections. You may be able to collect the copy of objections later (check with staff how) or may have to apply for certified copies. You may send a representative (with written authorization) to collect copy of objections directly from OP too on 23rd Jun in court. I am just outlining various possibilities, the last one may or may not be allowed so best to confirm from consumer forum staff.
Good Evening Sir,
I have applied for IRCTC Prepaid card on 26/Oct/2016.
I have received Pin Number, Login ID every thing on 1/Nov/2016.
but still now i didn’t get IRCTC my card, I contacted customer care number (which is mentioned in Link) more than 4 times, every time they said please drop a mail to irctcprepaid@unionbankofindia.com.
I have sent mail to irctcprepaid@unionbankofindia.com , care@irctc.co.in.
I got reply from them for my Reg.address. i have sent 3 times, but i didn’t get any response from them,
so in this situation what should i do?
A consumer relationship starts when you have paid for a product/service. So if you have paid something extra for this card, or if this card was promised as a benefit on existing paid membership/fees paid earlier, then you may have a case for deficiency of service. The case will be stronger if you have paid something extra only for this card because in that case even the excuse by a company that “they are only offering an extra benefit so they shouldn’t be held accountable for delay etc” won’t hold.
Dear Sir,
1/ I have booked an apartment with a renowned national builder for a project in Bangalore in December’2013. I have also recommended the same project to a friend of mine who eventually booked an apartment there.
The apartment cost is approx 58.00 lakhs.
2/ Handover was target for Jan’16 however, we have received a letter to proceed with handover formalities, in March’17, and a statement of final dues.
3/ This housing had the advantage of “subvention” scheme until delivery, expected by Jan’16, so there was to be no EMI until delivery. Subvention ended in Aug’15 so between Sept’15 and now, May’17 I have already incurred Rs.6.18 lakhs by way of pre-EMI.
4/ Additionally, in the final statement of dues, the builder has added Overdue Interest for delays that were caused by the builders’ team members sending their Demand Notes late and not factoring in 10 days required by the bank to process the demand notes.
5/ Further, we are not being allowed to inspect the apartments unless we clear all the dues, including the unjustified Interest charges. I came to know that the elevator to my floor is not yet functional so I have no way to walk up that many floors, nor engage workmen to get any interior works done, nor occupy the apartment nor give it on rent or sell in this condition.
6/ Besides, the promised club house work has not started yet, probably 18 months away, although full money is being asked for now. Some of the internal infrastructure and municipal support like Power & Water are still work in progress.
7/ We have been told that in case we do not take over the apartment, there will be a holding charge as well as overdue interest on payments now being demanded.
8/ What recourse do we have to protect our rights as a customer and prevent this unfair and undue advantage being taken by builders from hapless home buyers? Especially with rules being framed by CREDAI and under RERA!
CREDAI is builders’ association. If they could create rules for developers to follow, then there would be no need to enact RERA.
You can alone or together approach consumer forum or RERA in bangalore though I don’t think it’s operational yet in Karnataka for which rules need to be framed but it should happen soon. Builders know it very well most people don’t want to complain so the choice of being hapless is self-inflicted too.
Dear Sir/Madam,
I had travelled by Malaysian Airline MH193 from Bangalore to Kuala Lumpur (KL) on 03 Jan 2017.
The schedule departure was 0020 but got delayed and departed at 0220 after a delay of two hours.
The transit time at KL was thus reduced from 2;40 mins to just 00:40 mins where all transit passengers had just enough time to board the connecting flight MH133 to Auckland. On reaching Auckland at midnight of 3/4 Jan 2017 we did not get to claim our checked in baggage as it was learnt that due to shortage of time in KL the baggage was not loaded.
The airline issued us with a Property Irregularity Report and the checked in baggage was delivered to us on 05 jan 2017 at 1800 hrs.
I had taken a travel insurance from Religare (Sub:-: (Travel Insurance Policy #10910915) and Claim Ref No:- 90307148-00) and I have explained the whole procedure and have submitted the Property Irregularity Report in original along with my visa, air ticket and exit Bangalore entry Auckland stamp on passport and boarding passes.
Religare is insisting on Airline report on the reason for delayed delivery and receipt for having received the baggage.
I tried to explain that no airline will issue a Property Irregularity Report if checked in baggage is claimed on arrival at destination.
As for receipt for having received the baggage I said I was not given a receipt for receiving my baggage but I have signed as having received the baggage as proof of delivery (POD). I even gave them an example that Religare letter delivered to me by Courier did not give me a receipt despite my asking for it as he said there is no provision for doing so.
Religare keeps insisting that Airlines give a report on the matter and when told that I have written to Malaysian Airlines but not received any response does not cut ice with Religare who keeps insisting on the same.
I request you to take up the issue with Religare and resolve the same.
Thanks
M.M. Ali
No 7, 2nd Cross.
4 ‘C’ Block, Koramangala, Bengaluru 560034
Mob: 9845213473
Only you or an authorized representative can take up with consumer forum. I have no stand in the matter.
Dear Sir,
In your other post, I asked few of my doubts about filing complaint in Consumer Forum. Thanks for helping me with that.
Before proceeding to file case in Consumer Forum, if possible I want opinion on my case; if I can put my case or not.
Me & my wife booked a unit in one of the project by reputed Builder in Bangalore (a CREDAI member). Sales person of that Builder asked us to fill & sign booking form with booking amount of Rs. 1 Lakh, to block selected unit & to get project document for verification.
I gave him cheque and due to insufficient balance asked him to contact me before depositing. He kept that booking form with him. He provided us few weeks for document verification before Sales Agreement execution. Then he mailed us Welcome Letter (which mentions full refundable cancellation policy only if lawyer raised concern about title clear of project within 15 days); and I collecte Project Document Set from his office. He deposited cheque without informing me, that lead penalty to me due to insufficient balance. I informed him same through email and then I gave him another cheque of full amount again. After clearing the amount, I received booking receipt from him.
Meanwhile within time provided for document verification, I got to know about condition, mentioned in Commencement Certificate (CC) issued by BBMP. Condition is for HAL height clearance NOC as per latest norms. I verified same through RTI from BBMP office. I mailed Sales Person about this HAL NOC mentioned in CC. He asked me to wait for some days for getting it. Then he gave me some NOC, which turn out to be expired AAI height clearance. I emailed him about it’s expiry, then over call he asked me to wait for few more days. I also confirmed about NOC expiration from AAI through email. I didn’t received requested document even after waiting for more days, so I sent a reminder email to him. As a response to it he replied that earlier provided document set is complete and he also asked to perform Sales Agreement.
I was not filling comfortable for deal, without having proper height clearance NOC for which I made me to wait. Along-with non-availability of proper height clearance NOC, I found actual BWSSB NOC missing, rather unrelated BWSSB document was provided (after my cancellation he showed BWSSB NOC). So lost trust over reputed Builder and emailed him about cancellation of booking. I asked for booking amount paid to him. But then he told me that booking amount is forfeited for delayed cancellation penalty, which is more than 3 lakhs (5% of total sale value) as per terms mentioned in booking form. Same verbal response I got from Director of that Builder for my written complaint.
As per them HAL NOC is not much important. Though after my cancellation, verbally they told that they will get HAL NOC in future and asked me to execute Sales Agreement only after that. But that was not promised through email or in written.
I tried to explain them following, but they were not convinced,
1) Delay was caused as communicated by their Sales Person, otherwise I already informed about required essential document within time provided to me
2) Though Height clearance doesn’t come under clear title documents, but it is not minor NOC
3) Cancellation clause mentioned over Sales Value should be applicable only after Sale Execution is done. Also booking form mentions that it is provisional booking and will be final only after Agreement of Sale.
Regards,
Aniket
Your points seem reasonable to me, and basically clear title may be one thing but without all clearances including height clearance they cannot really build and deliver.
From 1 May 2017 the new Real estate regulation act is in force. Karnataka has not created rules for it, which could mean it’s not in force in Karnataka yet. The good part is that even if the project started earlier, now your builder has to get it registered within 3 months of 1 May (date of commencement or maybe whenever Karnataka creates the rules):
http://www.hindustantimes.com/business-news/real-estate-act-comes-into-effect-all-you-need-to-know-about-new-law/story-V6S6PyVhwYCzT1TwRpkYiM.html
——–
3. (1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons
to purchase in any manner any plot, apartment or building, as the case may be, in any real
estate project or part of it, in any planning area, without registering the real estate project
with the Real Estate Regulatory Authority established under this Act:
Provided that projects that are ongoing on the date of commencement of this Act and
for which the completion certificate has not been issued, the promoter shall make an application
to the Authority for registration of the said project within a period of three months from the
date of commencement of this Act:
——–
So I suggest you send a legal notice/letter for now with all the points, and request them to give back full money, else you are at liberty to file consumer court complaint, OR complaint to RERA. District Consumer forum is also suggesting to send a notice first, as I got to know when I went there recently.
Hi,
I need your help. My co-brother bought a new Renault Kwid card in October 2016 on loan.On Dec 31st 2016, we were returning from our hometown and I was driving the car. On the way, a truck suddenly swerved left on the road due to which our car hit the backside of the truck. My co-brother and his family sustained multiple injuries and the car was quite severely damaged.
The car was towed to the Renault bodyshop, and all the documents were provided for insurance claim. However, neither the renault bodyshop guys nor the insurance company, reached out to us until February end. The renault guys were saying they are waiting for details from insurance and the insurance guys were saying they are waiting for bodyshop. Finally around march 17 the insurance agent asked us if we want the car to be repaired or want to claim it as total loss. On the same day, we received a forwarded email with the estimation which was sent by renault on feb 17 to the insurance agent. The estimation included some parts which are not a part of the vehicle model.
We clearly informed them that we want the vehicle repaired as it is a new vehicle and also under loan so going as total loss of vehicle would be a bigger loss for us. In the meantime the EMI was also being paid from Jan to March. Now in April 1st week they are informing us that they cannot repair the vehicle and will term it as total loss.
If they had to declare it as total loss then it should have been done in January. What is the point of asking the customer for repair option and then saying cannot repair it. Also, they are asking for 3 months of parking fees for the vehicle, while the process was delayed from their end.
Please suggest on how to proceed with this.
If I understand correctly, whether it is total loss or repairable damage is something which can be determined by a expert mechanic or company itself if done in unbiased manner. Different parties may have different interests as to the outcome however the starting point should be based on technical evaluation and not who gets to benefit more.
If company determines the evaluation in a way that is not beneficial to customer but then reimburses for the loss caused to customer, then it may still be ok. But if you have suffered any cost due to their delay or negligence or whatever, then you can claim all that + penalties etc from consumer forum.
Thanks Deveshwar. The process of filing the consumer complaints was very detailed and helpful. I managed to file one at Cavery Bhavan within 5 mins or so. Had carried 5 copies of complaint with Annexures as per template duly signed on all pages, a DD for INR 100 and envelope with 45 Rupee stamp. I was asked to either come down or call to check the complaint # and session court schedule the very next day. The only problem was a long walk as I ended up parking at Lalbagh owing to some road construction and one ways !! Thanks once again for your guidance
Hello Deveshwar,
Just to give you an update. The case was admitted on Apr-02-2017 and Issue of notice hearing was today – May-12-2017. To my surprise i was told the notice has returned owing to wrong address. I made it a point to visit the OP address and met the proprietor in person. The address is same, managed to get a visiting card and took a snap of the shop along with address. My guess is postman must have been bribed, i might be wrong.
Please advise the next course of action here.
“Returned due to wrong address” doesn’t seem normal. We can’t do anything about postal service whether someone bribed or not, it’s a speculation even if one with strong probability. I can’t think of anything except you should contact consumer forum staff about what can be done in this scenario.
On the contrary, as per Post master, it is very much normal. They get 100’s of notice on daily basis and they can not force addressee to accept one !. I checked india post site for tracking details and found the status as Item delivery attempted but addressee left INDIA !
How cool is that. I met the opposite party and told him about the notice. Even took pictures on the shop on Floor-1. Our man was busy renovating the showroom with partitions.
Today was the third hearing – Status on court site showed “On Call”. I do not know what that means. I was asked to bring another envelop with 45 rupee stamp plus 30 rupee for Insured letter. Looks like they would sent another notice.
A second insured notice was issued that i followed up with Post master and opposite party. Both confirmed the receipt and i appeared for 4th hearing yesterday. The status shows – Affidavit of Complainant as case stage. I believe it is for review !
You have to submit evidence affidavit now, after which OP will have to do the same. This is important stage since based on facts alleged and documents provided in evidence affidavit, the case will get decided. It may be mostly same as your complaint text depending on level of details given in that.
Thanks. Please correct me. The same text needs to be printed on a e-stamp paper and submitted. What is e-stamp value that ones needs to go with?
Do i need to do this before a notary and get it stamped/sealed?
Hi All,
I have a similar situation where case status shows – Affidavit of Complainant. I understand i need to submit the complaint with proofs in an affidavit. My question: Is this to be printed on a e-Stamp paper ? if so, what is the value of e-stamp paper to be used? Does it have to be signed/stamped by a notary?
Thanks
Matt
I don’t remember using a stamp paper ,but notarization of affidavit is required. In any case these questions can be routinely answered by consumer forum admin staff.
Finally the order has come after 8 months or so. A copy was sent to OP as well.
I wanted to understand the next steps as OP is still giving excuse of having no funds and stated we still have 45 days.
What if OP does not pay up inspite of Court order?
You need to file execution, which is somewhat routine affair, but it may need you to go to court a few times at least depending on the OP. For delay, OP has to pay interest also.
https://deveshwar.in/file-execution-affidavit-winning-consumer-forum-case-opposite-party-not-obey-court-order/
Hi,
I need your help and suggestion regarding a non-responsive builder. I have booked an apartment July 2016. At the time of booking I was informed verbally and their website too displayed June 2017 as possession date. Till last year all their advertisements were carrying June 2017 as possession date. The project comprises of 3 towers and every tower has 14 floors. Till now they have constructed only till 3rd floor of only one tower and now almost there is no progress. Now when we approached them, they declared December 2018 as possession date. They have not given us any updated construction schedule, despite our numerous follow ups. I personally sent them many emails and one letter thru registered post, demanding an updated construction schedule. But they flatly refused stating they cannot give us anything in written. We are demanding a meeting with the management, but that too they had refused.
We have a clause in our agreement “The Vendor shall complete the construction of the Apartment within a period of 30 months from the Commencement Date with a grace period of six (6) months and subject to Clause 2, under Article 25 A above i.e., ‘Force Majeure’ of this Construction Agreement. “. For me, I am still very much inside this 30 months period. But few of the other owners are already going to cross this period and they have few old emails, where builder mentioned construction completed date as December 2016. Can we use these emails against the builder? Can a builder give different possession date to different people? This is an apartment project, not villa project.
Kindly suggest, if we go ahead with consumer court, then do we have any solid ground to win against this builder? Can we get justice showing that builder is refusing to give us any expected possession date in written? He does not even bother to reply us.
I am at the verge of cancelling the booking. If I cancel now, then as per agreement builder will take 10%, which is 8 lakhs. So I want to know what are the best options I have. Shall I go ahead with consumer court or cancel the booking? If I go ahead with consumer court without any solid ground then I will end up paying lots of money to the bank as loan interest. Its better I lost 8 lakhs today than 1 crore tomorrow. Kindly suggest.
Regards,
Gautam
9620407066
There is now real estate regulations act in force which has it’s own tribunals so you can check with a lawyer about that OR approach consumer court based on contractual terms. But it seems you went ahead with advertised promises which are not that relevant as evidence, if you have signed a contract later which gives 30 months as period.
https://en.wikipedia.org/wiki/Real_Estate_(Regulation_and_Development)_Act,_2016
Other owners can proceed based on their own individual contract. But I strongly suggest to check RERA since it’s quite probable an unprofessional builder will be in violation of one of the norms as it is meant to catch such ‘player’ type builders, and he can get caught there even if a consumer court case is more difficult. Filing in both forums is also possible.
Hi ,
I need your advice how to proceed with consumer forum , I am facing issue with country vacation initially they told 1.2 lacs as a membership plan ( dec 2014 ) but later they told 2lacs is your plan so they keep on calling me to pay remaining amount ,like this number of fake commitment they gave to me .Within 2month i enagaged them for cancellation through their website also reached their office they said we will do the cancellation after one year (verbally). After mid of 2016 i engaged them ( mail and support site )again they told its not possible to cancel it . planning to go for consumer forum kindly need your suggestion
Many people have reported problems country club memberships. Problem is people fall for verbal promises which are not on written contract. But you can surely approach consumer forum for reliefs + compensation as applicable.
Hi,
I bought iphone 7 from Paytm which came out tobe defective and Paytm is not accepting return and asking me to claim the apple warranty, when paytm claims easy 10 day return policy why are they asking me to go to the service center or get the job sheet.
I have raised complaint through consumer helpline and its under process, so wanted to know should I file a complaint in parallel ?
Merely phone getting a defect within 10 days (of return policy) dos not retailer/seller responsibility unless it’s a problem like physically damaged or old item etc on arrival. A defect could have happened within 10 days or after 6 months or 3 years. Also my guess is lot of people have misused the return policy on mobile phones in the past so all ecommerce players have now restricted their return policies on them.
You can read some basics of contract law given in 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 (not mandatory though).
dear Sir,
I purchased one plus(one plus E1003 Onyx) mobile online in April 2016, In November 2016, the phone started heating up and hang.
I approach the service center in Malleshwaram, which was suppose to open at 10 am as per their site for service center, I gave them a call and they told me it opens only at 3 pm, I stay in Yelahanka, so somehow i manage to pass the time till 3.30 pm. when i went to the shop, they checked the phone and told me it is the mother board problem, since they don’t have the mother board, you take this phone to Kormangala service center, I gave them the call and told them the problem with my phone as mention by the Malleshwaram service center, the reply was they too dont have the mother board,
I rang up Malleshwaram service center and told them this is what Kormangala service center told me, they very casually told me to buy a new phone. spending 17,000/- that too for 7 months,, is it a joke.
My question is Is it not their duty to collect the phone, no matter what service center I go, to repair or service to me, instead of sending me to other service center?
I request you to please guide me and help me what to do next.
Much obliged,
Patrick Lim
Mob: 9742832956.
As is commonly seen from others’ queries posted earlier too, when the word motherboard gets in relation to a problem in smartphone, that is pretty much the last one can expect to see of the phone in working condition.
Service centre can’t make you run to Koramangala or for that matter to Delhi if they don’t have spare part in closest service centre.
It’s under warranty so you can approach consumer court and ask for full refund + compensation or replacement of phone + compensation. Maybe give service centre or company headquater one final warning (in writing/email) just in case they sober up.
Hello,
I opened a salary account in HDFC a year back, i used it for 3 months and there was no transaction for after 3 months so it has converted into Savings account, and every month there is a deduction of 690/- and they are still deducting, and asking me to maintain 10k minimum balance, i am trying to convert it to salary account as from past 6 months salary is being credited to this account. will i get deducted amount back? if i file a complaint?
You can first approach banking ombudsman for this and if your case has merit you may get full or partial refund as applicable. See Alternatives to filing consumer court post.
Dear Sir,
I have been pursuing a case against a builder in the District Consumer Disputes Redressal Forum at Bangalore since August 2015. The case is now in the final arguments stage after the lapse of more than a year and 3 months.
Briefly, the case concerns delay in handing over possession of the flat in the agreed time frame and the builder’s refusal to pay me the compensatory rental of Rs. 15,000/- p.m. for the delayed period of nearly one year. Aside from this, the builder has also not obtained the Completion Certificate and Occupation Certificate for the building. And finally he has left a lot of things unfinished e.g. formation of Association, provision of Cauvery water etc.
Purely from the stand-point of presentable and verifiable facts, the builder is clearly on the losing side but is nevertheless hell-bent on stalling and delaying the outcome of the case to the maximum extent possible. Having run out of arguments to present before the judge, he has now taken to questioning the jurisdiction of the Consumer Court in trying the case in view of the newly framed RERA.
His application presented before the judge today states ‘that for the reasons sworn to in the accompanying affidavit it is respectfully prayed that this Hon’ble Court may kindly be pleased to REJECT the complaint due to lack of jurisdiction in view of Section 79 AND 80 Sub clause (1) of REAL ESTATE (REGULATION AND DEVELOPMENT) ACT 2016, in the above case in the ends of justice and equity.
Please advise whether the Opposite Party’s stand is correct and whether the law requires me to abandon my case before the Consumer Court and start afresh under the RERA.
Thanks.
V. Shyamsunder
Relevant sections from REAL ESTATE (REGULATION AND DEVELOPMENT) ACT 2016
——————–
79. No civil court shall have jurisdiction to entertain any suit or proceeding in respect
of any matter which the Authority or the adjudicating officer or the Appellate Tribunal is
empowered by or under this Act to determine and no injunction shall be granted by any court
or other authority in respect of any action taken or to be taken in pursuance of any power
conferred by or under this Act.
80. (1) No court shall take cognizance of any offence punishable under this Act or the
rules or regulations made thereunder save on a complaint in writing made by the Authority or
by any officer of the Authority duly authorised by it for this purpose.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the
first class shall try any offence punishable under this Act.
——————–
1. To my understanding, consumer forums are not civil courts but special forums only for taking consumer complaints. So Section 79 not applicable and jurisdiction of consumer forum is not barred.
2. Section 80 is more about offences and you have asked for civil kind of reliefs/compensation, so not applicable.
3. Generally, laws are not applied retrospectively, so if your consumer case was filed before RERDA came into being then it can’t be forcibly closed and needs to be re-opened to RERA instead.
You can argue the above 3 points in forum.
In my opinion, they are indulging in 3rd rate lawyer techniques to mislead court and delay, but there is nothing else to do but wait it out patiently. In any case, you don’t need to do anything unless consumer forum itself passes an order to close the case and asks you to file under RERDA instead.
DISHWASHER – IFB Neptune
Sir,\
I have bought a Dishwasher (IFB Neptune) on 14th August 2010 from Unilit Show room Bangalore. The product was under warrenty for 2 years and ater the warranty period, a AMC was signed till 19.3. 2016 and subsequently another payment of Rs.5865.00 for renewal AMC was made through M/S Harinidhi Enterprises, Authorised franchise For IFB,#44,Arekampanahalli, 10th cross Wilson garden Bangalore,5600,27 who was providing maitenence, for a period of 27.07.2016 to 26.07.2018 (Vide receipt no 2662 dated. 27.07.2016.. The original AMC contract from IFB is yet to be received. my costomer I D is 2419869.
On 27th August 2016 The dishwaser stopped woking and complaint was lodged to customer care ( toll free no. 180030005678)and a complaint no was given as 1103292543. Though the Technician fom the frachisee visited and it was told that parts have burned out and ahs to be replaced,and the parts are not readily available,. we have wait some time.
After almost 2 months waiting, another complaint was made (1103801344 dated 21.10.16) Several Phone calls to customer care and to franchisee and e- mails & several reminders havebeen sent without any positive results.
Now the franchisee have have telephoned me the as patrs are not available as such I have to go for new diswasher for which he may give some discunts. ( This is only verbal promise)
My question : –
1 – Why the company market a product Which become obselete wthin just 6 years whreas the average life of a dishwasher is considered more than 10 years.
2 As such, they have to refund the original purchase amount or replace the dishwasher with a new one and refund the last paid AMC chages of Rs.5685.00 as the have not done any service after the payment.
Can you please advice me whether it will be feasibl to approach cosumer reddressal forum in this matter?
Thanking you.
P P Gopi
Bengaluru
AMC should be from IFB not franchisee so better to issue cheque in name of IFB, that’s what I have always done so for not only for IFB but for other appliance AMC also. If cheque is issued in name of franchisee, it still makes someone liable but IFB may try to wash off it’s hands somehow.
Since they have taken a good amount for AMC, they are liable for parts replacement. When they take payment for AMC, the question of machine being old or new doesn’t arise since if it was old they could have refused to give AMC citing machine being old and discontinued as the reason. Read the terms of AMC at back. I doubt they can wash off their hands saying the machine is old. This is just sentimental talk.
IFB seems to be a lala-type company in some respects and they made me wait for almost 20-25 days for a repair and again they made excuse about part availability. I was almost on verge of going to consumer court. But at other times, they have been prompt in coming for service/repairs.
DISHWASHER – IFB NeptunE
Sir,
That was a mistake on my part issuing cheque to the Franchisee. One consolation is that IFB costumer supportstill receives my complaint & acknowldge it. It is the franchisee who has told me to buy a new dishwasher as the parts are not avaialble.
Kindly let me know what course of action I should take? Can I approach the Consumer forum?
P P Gopi
>>It is the franchisee who has told me to buy a new dishwasher as the parts are not avaialble.
In that case, it is their wilful mistake to accept money for AMC knowing fully well that parts were not available. So franchisee is liable and IFB can be included as second party probably, more from point of view of confirming about age/parts availability of machine.
Hello Sir,
I bought a Volkswagen GT 2014 Model in the year 2015 January. My car has had many problems and i have stated the recent one below:
. My car was moving in 60km/h in a little steep area and it stopped in the center of the road after which we came pushing for a while and it started.
All the signals stopped glowing and once the car started time got reset.
After which my car has traveled for about 25 – 30 kms. And then we came down to the showroom and after which a test drive was done and they felt it was a battery problem so we left the car in the service center.
After which they promised for the delivery of the car at 10.00 a.am the very next day i.e 24th November and i haven’t got as replacement as promised as well.
Its 9 days for now and the team is not working on what is required.
This was the same problem that occurred last time where in my car was left for almost two and half months in the showroom and they came up with the reason of remote being the fault.
Initially they said wiring kit problem replaced it since the car was on warranty and delievred the car but again the same problem occured and i left the car in the showrrom again after two months they said my remote was a problem.
All this looks to be a planned thing that they find out what the problem is in the car and try and blame the customer and they ensure that they tell a problem which is not covered under warranty .
This time the company blames the battery was dead when we got the car to the showroom and was functioning all well, the signal light was glowing at the brightest and now the company says the battery was dead.
We have requested a letter from the company saying that the problem would not repeat and they are not ready to promise.
Can you please help me what to do?
I have all the bills, mail conversations, messages.
Battery being dead or not can be tested by yourself too using a multi-meter so that’s a lame excuse to give for any or all kind of issues.
>>This was the same problem that occurred last time where in my car was left for almost two and half months in the showroom and they came up with the reason of remote being the fault.
Other things apart, car being not in use for 2.5 months is itself a huge deficiency in service on their part. A remote is an extra device and that being at fault doesn’t mean the whole car should refuse to start (or move) using key or mechanical means!
You can file consumer complaint based on above itself. Or your choice to give them one final warning (writing/email only) and file complaint in case of future repeated problems.
hi,
i gave my warranty mobile in authorized service center(Bangalore) in august 2016, if i’m calling they are not taking my call.i went 3 to 4 times to service center they told its not finished please come and collect next month like that they are told.Today i called to them again they are telling first time they told please come and collect on Monday i asked 4 months back i given still i didn’t get my mobile then they are telling its not our responsibility.
Before giving mobile they told it’ll take actually service duration 15 days to 1 month,but it was crossed 4 months.
You can file case in consumer court and ask for good compensation (apart from fixed mobile of course), min 20K or even more
Dear Sir,
As every homeless person, I also had a dream to own a house. But looking at the sky-rocketing prices of real state in Bangalore I was not able to find any which suit my budget (being a person from lower income group). Last year, during August I came across an advertisement in the Times of India about very affordable pre-launch projects from the builder TGS constructions Pvt. Ltd. When I called them to enquire they insisted to have a site visit on the same day and sent their executive at our place. The site was well within the city limits and the price of the property was also something which I could afford through EMI after my regular expenses. The executive trapped me with lucrative discount on upfront payment of 50% within 30 days and 1 lakh booking amount saying it was a last day offer. They also assured me that our agreement will be notarized and the work will start by Dec-2015.
I finally booked a flat and somehow managed 50% of total value of the flat i.e. 9.5 Lakhs within 30 days.
In December when I visited the site and saw no progress, I went to their office and they assured that the construction will start by Jan as they were waiting for some approval from the local authority. Jan also passed and then came Feb and they kept on asking for more time. Then in march they introduced a new MOU according to which I cannot cancel the booking and some other terms which was not acceptable to me. I decided to cancel my booking after being fed up with their excuse.
At the time of cancellation they took all the original documents and handed me 4 post dated cheques of equal amount. They said without submitting the originals they will not be able to process the cancellation. Hence, on good faith I gave them the originals and took the cheques.
After 3 months, When I presented the first cheque on the due date it was returned due to insufficient balance. I went to their office where they again gave excuse and asked me to wait for a month. I sent a legal notice through a lawyer in my area but they didn’t respond within the timeframe and I had to file a case against the company’s Managing Director – Mrs. Mandeep Kaur . I got reply to my notice only after 45 days where they asked me to come and collect the money by returning the cheques on a past date. Notice was sent on 19th July to TGS and their response was received on 16th September where they asked me to visit their office on 2nd August. Their response seems to be just a formality. Though I went to their office the next day after receiving the notice, they again ignored me and didn’t meet me and in turn told me that they will call me.
They are still advertising in all major newspapers and deceiving people of their hard earned money and also seem to have no fear of law. My lawyer is saying that this case will take time though we have hard evidence where they accepted and agreed that they have our money.
I am thinking of filing a case in consumer court also and for this I need your advise. Could you please suggest how effective this could be along with the other case u/s negotiable instrument act that is already filed. What else I can do so they can at least respond to me or have some fear of law. I got to know that even if I win the case they still might not pay my money? How is this possible sir? Could you please help me in this regard? I have arranged the money partly from my entire life saving and partly borrowing on interest from relatives. I am in great financial difficulty and not seeing any ray of hope. You genuine advise will be greatly appreciated by me and my family. Thanks !
Since you have started proceeding under negotiable instruments act which is criminal case that can proceed and it may take time like everything else in our courts.
I think consumer forum complaint is not barred along with above case, so you can file it in parallel too. They may try to delay but it will be faster than criminal case most likely.
There is now new real estate bill also passed but I am not sure whether you can use it retrospectively.
Dear Sir,
This Is Niranjan from Bengaluru, I just want to file complaint against Airtel for deducting Rs 400+ unnecessarily. I was having total currency of Rs 1300+ on the day 17/11/2016, when i checked my balance on 18/11/2016, my balance was 903 Rs, I called to customer care and told them about this, as they could not give proper reason for deduction, they just disconnected my call. 3 customer care representatives were did same like this. 1 of the representatives told me that I was using 2g internet in my cell (Nokia 215 basic model). This is just a irresponsible reason, Im using this mobile handset for only calling purpose, I never used Internet on this phone, and that too suppose I use, they should have informed me through usual reminder messages, how can they deduct such a huge amount (400+ Rs) without giving any notification regarding this. I felt really sad and really unsatisfied with this Airtel. Kindly give the suggestions to file complaint against them.
Thank You
If the phone doesn’t have 2G then your case is strong. Otherwise you can file complaint but it would need better evidence than just the fact that they didn’t send notification about deduction of 2G charges.
Hi sir,
I am an airtel broadband customer where I have made my payments through debit card, please note the representative who has come to connection has collected RS.500 + 50 towards connection charges, I received bill where they have put RS.200 time as cheque bouncing charges in the first bill it self I am surprised that with out giving any cheque how they are putting cheque bouncing charges , after that I paid my all bills after deducting RS.400.00 . Kindly note daily I am receiving calls and massage from airtel saying regarding bill payment , please guide me how to slove this matter, I think the rep of airtel who collected cash from me and may be given his cheque and it has bounced.
Now I have to pay this month bill by the end of this month please
Thanking you.
Paying less hoping they will adjust may not work out, so you can pay up now and threaten them with consumer forum to recover the excess paid earlier which they haven’t acknowledged.
Hello Videv sir,
After filing a complaint against the OP in Delhi district forum, the OP never responded or showed up even for a single date in the district forum. They seemed to show that no matter what we do they will not refund the advance they had taken in lieu of the services we had paid for, but not provided..
However after almost 1 year and 6 months, the court (after making the OP ex-parte a few months back), the court has given its order and had directed the OP to refund the advance with interest.
The order was recived by us on 4th Nov 2016 and the order stated that the OP needs to pay up within 30days of receiving the order. Assuming that the OP would have also received the order copy by now (Both me and OP are in NCR).
But as expected and as has always been the case till date, OP has neither contacted us nor couriered the advance cheque and I dont expect them to revert to us even till Decemeber (when 30 days of the OP also having recived the order will be over).
In that expected event of OP not responding with 30 days, what options do we have ? The court order states that the case will be put into files now.
What should I do? How do I get the OP to pay up?Should I contact the OP ? Or Will the district forum help me? OR what can I do now to get my advance money back?
What is to be done for the enforcement of the district ofrum order to have the OP comply to the order?
You help will be much appreciated.
Thanks,
Ritu
To enforce any order of consumer forum which has not been complied with by OP, you need to file for execution of the order to consumer forum. The consumer forum administrative staff could help with the format or try finding it online. It is a formal procedure to ask court to enforce court order or else they have power to send the OP to jail etc. I will make a post about it sometime on the site. It’s a fairly straightforward procedure and one page of execution affidavit should do it in which you have to state the previous case number, and state that the order has not been obeyed by OP.
Thank you very much for your guidance sir. I am searching for the format of execution filing online – no luck yet. I would really appreciate and wait for your post regarding this – Your posts are indeed very very useful and with apt guidance and to-the-point.
If I take an execution affidavit (my litigation costs are only increasing – the court ordered the OP to refund my advance principal of Rs. 10000 + 9% interest per month and only an additional Rs.5000/- to cover for litigation charges (Even though my complaint demanded Rs50,000 towards mental harassment and stress to arrange for additional finances and a wedding dress just a week before the wedding). Whereas I would have ended up spending more including petrol charges for every visit I made to the court in Janakpuri from Gurgaon on every date and for getting affidavits made etc.,).
Sir, I am beginning to lose faith on whether people take orders from consumer forums seriously. The audacity displayed by the OP is shocking – Did not even acknowledge a single notice, never appeared on a single date, nor have responded to the order. Are district forums even capable of getting the orders executed? Do they even take interest in the execution of every single case – where there are thousands of cases piled up on each forum?
I feel like I am spending more unnecessarily towards a lost cause and adding upon the advance money lost. Sir, do you think I should continue to have faith in the system. SO you think with the zero-response from OP till date (even after the order). do I have hope to get them to pay up (The amount ordered is very basic and not even a huge one).
Losing hope!
Awaiting your precious guidance.
Ever grateful,
Ritu
Respected Sir,
Which section do we need to file Execution under? Section 25 or section 27? Which is more apt for doing so? I am reading differing views on the internet regarding this?
In your vast experience, does execution actually makes the OP pay up? Or does this again get treated/ignored like the order has been treated?
Awaiting your help.
Gratefully,
Ritu
Section 25 read with Section 27. Full details posted here: https://deveshwar.in/file-execution-affidavit-winning-consumer-forum-case-opposite-party-not-obey-court-order/
I gave my TV for service to “Click On” Electronics due to bad picture quality. They took my TV for service and claimed that they replaced with abrand new sony mother board and fixed few LCD issues. They took 16,000/- giving a bill with 2 years warranty for Mother board issues. Within a week the same problem started again. I called them several times… no response.. Today i opened up my TV myself and to my shock i saw a old non-branded mother board. Now they are totally avoiding my calls… Even if i call from a different number, they just attend and say they are coming to solve the issue… but that never happened.
I am not sure, if i have to register a complaint in the area police station or in consumer court. I either need them to rectify the issue or refund the money.
Please suggest me in this regard.
A consumer forum complaint is always possible in this case for deficiency of product/service. A police complaint may also be possible but it may be difficult to prove to what extent there is fraud or is there a clear case of fraud. I suggest consumer forum since your goal is to get them to refund or rectify.
I have got into agreement with builder for construction of ground parking lot and two floors above it in 7 months time.Today is 13 month and house in 75℅ stage.He has taken full amount as per contract and still dodging.What is the action should I take? Experts please help.
Now that new real estate law is passed you have that option (if retrospectively applicable) to try or else you can always go to consumer forum
Hi,
I have a concern. I recently booked an apartment with a tier 2 builder paying 1 lakh booking amount. However i was not satisfied with their answers to my queries on the documents / approvals. I cancelled my booking and the builder promised to refund the booking amount with in 20 days. However even after 45 days they have not refunded the same to me.. How do i move legally on this. please advise,.
The new real estate law is already in force so you can use that, and consumer court is another option. I am sure booking amount will be covered in the real estate bill since it’s a common abuse.
https://en.wikipedia.org/wiki/Real_Estate_(Regulation_and_Development)_Act,_2016
Dear Sir,
My Niece Ms.Kirti and her colleague Mr.Sheshaj booked OLA Cab wide CRN 435077887 and boarded OLA Cab No. KA02AA7802 from 586, Dr.Raj Circle, Kengeri in Bangalore on 26th Oct’2016 to reach to Bangalore Airport to catch their respective flights for their Home town. The Driver of the vehicle dashed the Lorry parked on the road (Opposite to Shreyas Hotel, Near Kogilu Cross Junction on B.B.Road Flyover) and both Ms.Kirti and Sheshaj sustained severe Head Injuries and multiple fractures in their body and they are shifted to the Hospital by some passerby who informed Police for this accident as well as called 108 for shifting them to Hospital. Both are in Hospital and struggling for their lifes. We are from Bihar and by coming to know from the Police about this accident, we reached to Bangalore and are in the state of great pain by seeing our beloved one in such condition in Hospital.
Its 12th day of accident and nobody from OLA has still come and shown their concern for this severe accident done by their driver. Also while approaching to OLA office on 29th Oct’2016, they shown ignorance and unconcern approach for this accident and they were washing their hands by saying that they have removed this vehicle and driver from their record on 26th Oct’2016 afternoon.
We consulted Police for the actions for this accident and come to know that Police has filed FIR against the Cab Driver and Lorry Driver. They have not filed FIR against OLA. While investigating in this matter we found severe negligence in the part of OLA in ensuring the safety measures and sending trained and experienced driver for the safe drive. These are –
• The driver who was driving the vehicle was not having valid Driving license (Yellow card) for Driving the Passenger Vehicle.
• We also found that though the driver who was supposed to come with vehicle for this trip named as Mr.Arunkumar in sms received, while the driver who was actually driving the vehicle was Mr.Prakash.
• The driver seems totally negligent in his behavior. He was driving the vehicle in an excessive speed. By seeing the condition of the Vehicle and as per Police it may be beyond 120 KM speed per hour.
• Not only driver was driving rashly but also was sleeping while driving. Its difficult to believe that why he is not able to see such a Big Lorry parked on the side of the road. Many vehicles passed from that Flyover wherein Lorry was parked. But everybody was able to see the Lorry and drove properly. Why this driver was not able to see such a big Lorry and dashed the vehicle with the Lorry. It seems that he must be sleeping / drowsing while driving otherwise there is no reason to believe that he has not been able to see such a big Lorry parked on the road at the Flyover.
• Also to our great surprise, it has been found that though the journey was not completed due to accident and all both the passengers were unconscious and shifted to hospital, the trip was paid in the record by Cash payment of Rs.458/-. This was quiet surprising that when the vehicle has not reached to the destination and met with accident and the passengers are unconscious and in hospital, how can the trip can be paid ? Who can pay the Trip ?
* Also we come to know that OLA provides incentives to the drivers who takes more number of trips and at specific time period. Due to the same their drivers in order to get more incentives, they go for taking more trips and don’t take proper sleep/rests and thereby resulting in such accidents.
All these things are severe negligence in the part of the Cab Agency OLA for non adopting the proper safety measures required for providing safe trip. Also their approach of showing the trip as paid trip is apprehensive and shows that they are manipulating the things.
Also to our great surprise neither this severe accident has been reported on the Local Print Media nor in the Electronics media in Bangalore.
I found serious failures/negligence in the part of OLA Cab Agency in following Safety norms and ensuring the safety measures for providing safe journey to the customers. How can they can send inexperienced, untrained driver who doesn’t have the eligibility to drive passenger vehicle as per law.
But OLA Cab agency personnel are not assuming their responsibility for this accident. Both Ms.Kirti and Sheshaj are still in Hospital and struggling for their lifes. This condition of Kirti and Sheshaj and our whole family is solely because of OLA’s negligence in ensuring the Safety norms and measures for providing safe journey. None of them came and seen the condition of both the child who are struggling in ICU in the Hospital because boarding their Cab. Not only we are suffering with the mental trauma by seeing our beloved child in such condition in ICU but also suffering with huge unexpected expenses for the treatment solely because of severe Negligence of OLA.
I sincerely believe that OLA is responsible for ensuring the proper safety measures so that passengers can have safe journey and reach safely to their destination. They cannot escape from their responsibility. And if they are not able to provide safe journey to people, They don’t have right to run such company which sends passengers to the Hospitals rather than to the destinations for which they were booked.
Request you suggestion and support in this matter.
Poonam Mishra
Kirti’s Mausi
I’m very sorry to hear that.
The incidents you have mentioned make it into police/FIR cases and already police has filed FIR. Driver not having proper license/approval etc may fall into negligence on part of Ola but again the primary investigation will be into cause of accident by driver. Other things like giving incentives to driver can’t be blamed for all accidents unless it can be proven that the incentives are such that they can’t be completed in a safe manner by drivers.
Compensation of accidents etc is also covered under motor vehicles act, and vehicle insurance is the way it is done. Ola may not like to send representative since they may fear it may make it look like they are owning up to the responsibility for the accident.