Author: yazdi

Guy does to bank what banks usually do to other people

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A Russian man who decided to write his own small print in a credit card contract has had his changes upheld in court. He’s now suing the country’s leading online bank for more than 24 million rubles ($727,000) in compensation.

Disappointed by the terms of the unsolicited offer for a credit card from Tinkoff Credit Systems in 2008, a  42-year-old Dmitry Agarkov from the city of Voronezh decided to hand write his own credits terms.

The trick was that Agarkov simply scanned the bank’s document and ‘amended’ the small print with his own terms.

He opted for a 0 percent interest rate and no fees, adding that the customer “is not obliged to pay any fees and charges imposed by bank tariffs.” The bank, however, didn’t read ‘the amendments’, as it signed and certified the document, as well as sent the man a credit card. Under the agreement, the bank OK’d to provide unlimited credit, according to Agarkov’s lawyer Dmitry Mikhalevich talking to Kommersant daily.

Click Here for the interesting story of beating the bank at their own game.

Procedure for filing Consumer Complaint with ICRPC

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PROCEDURE FOR FILING COMPLAINT WITH ICRPC

 

Please follow this procedure strictly else your complaint will be rejected.

We charge Rs 300 for sending a notice to the Opposite Party. This is non-refundable if your complaint gets rejected because you failed to follow the procedure given below or for any other reason. Your documents will not be returned as they are our property and we destroy them after use.

 

Steps to file complaint:

1) Pay Rs 300 by net banking and note the net banking transaction number.

Please send a blank email to payment@consumergrievance.com to get net banking details within two minutes of sending request. Sometimes, but rarely, this mail may get delivered to your spam folder also.

We prefer that you pay online. But if you do not have netbanking facility, you can also pay Rs 300 by demand draft or “AT PAR cheques” in favour of “ICRPC” payable at “Mumbai”. Write your name and cell number behind the cheque.

 

2) FILL ONLINE COMPLAINT APPLICATION FORM BY CLICKING HERE (New window opens)

 You will get only one opportunity to fill this complaint form, so do not waste this opportunity by clicking submit button aimlessly. After submitting the form you will get a copy of this submitted form with complaint number to your email ID mentioned in the form. Sometimes it may also be delivered in your spam box. Take a printout of this email and use it as your cover letter. Your complaint number will be your reference number for all further queries.

HOW TO PREPARE AND SEND YOUR COMPLAINT DOCUMENTS

Page 1 and 2 :  

The printout of your email of the submitted form that you received after submitting the form.

If not paid by netbanking, then attach with pin (do not staple) with the first page, your Rs. 300 demand draft or At Par cheque or local Mumbai account cheque.

 

Page 3 : (Opposite party details)

1) Name of Opposite party 

2) Registered address of the Opposite Party

3) Telephone no.

4) Fax no.

5) E-mail of the chairman / company e-mail where notice is to be sent. Without this notice cannot be sent and your complaint will be rejected.

 

Page 4 : 

6) Bill details, item details of purchased product or service.

7) DEFECT: What is the defect in the product or service (write in short paragraph). It has to be very clear and focussed as we will not search your documents to discover your complaint. Do not be lazy by not writing explanation of defect paragraph and just pointing to the attachments. We will reject such complaint that do not explain the defect.

8) RELIEF: What relief you want or what justice you want. (example refund, replacement, compensation, etc). It has to be very clear with facts and figures.

Page 5 onwards:  

Attach Xerox copies of Documents (like bill, agreement, service report, your complaint letter to them, your notice to them, etc).  Enclose only the xerox copies of supporting documents only. Don’t send originals as these will not be returned to you as they are shredded and destroyed after use.

  
Please staple or tie with thread all your papers in one bunch only. Complaint with loose, unstapled, untied or in separate bunches will be rejected. We do not entertain complaint documents sent to us in installments, in different envelopes, or as loose papers.

Send the complaint set through post / courier to:


Arun Saxena
B-9/55, Vijay Nagari
Ghodbunder Road
P.O. Kasarvadavali
Thane (West) 400601  (use pin code 400601 if sending by courier  /  use pin code 400615 if sending by post)

 

 

ACTION AFTER RECEIVING YOUR COMPLAINT DOCUMENTS

1) We will acknowledge the receipt of your documents received by courier / post. Please do not disturb us for next 60 days by asking us whether we have received your documents or not, or to know the status of your complaint. We will also inform you within 60 days if your complaint is rejected.

2) We will issue a legal notice to the accused within 60 days of receiving your documents, giving him a time limit of 7 to 15 days for settling your grievance. We will send you a copy of this notice to your e-mail address mentioned in your complaint. If the complaint has been rejected due to not following the procedure, we will inform you within 60 days.

3) If you do not receive acknowledgement or copy of notice after completion of 60 days, please send a reminder e-mail to us at mail@consumergrievance.com writing your name, OP name and your complaint number.

4) If your grievance is not settled after sending notice, ICRPC will further help you with preparation of your case papers for filing in the consumer court. There will be a nominal fee for preparation of the case papers. After sending of the notice, please inform us about your intention of filing a case in the consumer court so that we send you the procedure for preparation of case papers. You will not require a lawyer as we will guide you till the final orders of the court. The judge in any consumer court cannot force you to hire a lawyer. Consumer case is filed in the city where the cause of action happened or where the Opposite Party has an office, branch, agent or presence.

 

OTHER USEFUL INFORMATION

1) We operate through the internet, e-mail, and cater to the consumers across the world. So, it does not matter where you are located as long as you have access to emails.

2) Please do not visit us. We do not meet anyone.  All have been turned away from the door when they tried to visit us.

3) Repeat notice is never sent, as we want our single notice to be taken seriously. Therefore do not ask us to send notice once more.

4) Time limit for filing case in the consumer court is within 2 years from the date of cause of action.

5) After sending notice, if your matter does not get settled, you can file consumer case in the consumer court. We will help you in preparation of case papers.

6) There is a court fee charged by consumer court when you file a case papers in the consumer court. Details of fee are given on our website.

7) Consumer courts take about 1 to 2 years (or even more at times) to settle the case. The consumer is expected to attend the court hearings at least 3 to 4 times in a year. Consumer can also appoint an authorised representative / power of attorney to attend the court hearings on his behalf.

 

ICRPC Website: www.consumergrievance.com

SMS: +918080423516

 

Consent of all flat buyers needed to change plans

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Irrevocable blanket consent taken from flat buyers will not help builders who want to construct additional floors that were not mentioned in original plans at the time of sale, the Bombay high court (HC) has said.
“No such irrevocable consent can be imputed or taken since express previous consent is required to be obtained for all additions and alterations after the plans and specifications (of the building) are disclosed,” said Justice Roshan Dalvi. “No such consent can be expressly given and every (developer) would be required to take express previous consent of all the flat purchasers for all such additional construction… not incorporated in the approved plans.”
The HC upheld a civil court order restraining city-based builder Shah and Modi Developers from adding more floors to Swapnalok building in Malad. Advocate S C Naidu, counsel for the developer, said there was express consent given by the flat buyers at the time of purchase that no permission would be required from them if the developer wanted to make any additional construction and they would not raise any objection.
The judge said that such a clause was “wholly inconsistent with and contrary to legislative mandate” of section 7 of the Maharashtra Ownership of Flats Act. The provision says that a builder has to take the consent of all flat buyers for making any alterations in or additions to the structure of the flats or of the building after plans and specifications are disclosed at the time of sale.
Shah and Modi cited another clause in the agreement which mentioned that the developer can acquire additional construction rights in the form of TDR (transfer of development rights) to add floors. They also pointed to the foundation plan of the building, which showed that it was capable of bearing up to six floors.
But the HC said this did not constitute express consent and the approved plan disclosed at the time of purchase was admittedly up to four floors.
“Upon seeing the lack of consent… a prima facie case for restraint on further construction is made out,” said the HC while dismissing the builder’s plea to vacate a stay on construction from the sixth floor onwards.

For the Times of India story – Click here

For the judgement of the High Court given by Justice Roshan Dalvi – Click Here

IT – Assessment of Real Estate Developers and Members

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A very interesting detailed analysis for Builders and Real Estate Developers including aspects of Taxation for members such as

Liability of Income/Capital Gain Tax, if any, on:-

  1. Additional area in the hands of individual members.
  2. Cash compensation received upon surrender of entitled additional area, in part or in full, by an individual member.
  3. Corpus Money received by the individual members from the Developer in lieu of surrender of part entitlement of FSI/Development rights.
  4. Corpus Money received by the Society from the Developer  and subsequently distributed to its members.
  5. Rent for Temporary Alternative Accommodation including Deposits, if any.

all this, along with important decided case laws

Click Here for the detailed analysis –

http://www.accommodationtimes.com/real-estate-news/course-on-assessment-of-builders-and-real-estate-developers-2/

Know your Mumbai Municipal Corporation (BMC / MCGM)

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An interesting set of questions and answers including the following :

  • What is the procedure for obtaining a certified copy of the building plan?
  • What is the procedure for enclosure of Balcony?
  • What is the procedure for filing an appeal for reducing the rateable value of the property?
  • Can a member covers the parking stilt?
  • What should a Flat holder do if the shop keeper on the ground floor is causing nuisance?
  • What should a Flat holder do if there is leakage from the upper flat?

Click Here to read the entire list – excellent for lay persons who want quick and accurate answers

Mumbai: Property Tax – 1000 Cr Loss to BMC

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The BMC has failed and neglected to collect Rs.1000cr. plus amount in property tax. In this connection Watchdog Foundation has written letters to:
1) Comptroller Auditor General of India- to investigate loss to BMC on account of non levy of property tax on slum dwellers dispite signing agreement in 2006 between BMC, State Government and Government of India.
( PLEASE SEE THE REPLY RECEIVED FROM CAG DATED 25TH JULY 2013DIRECTING THE PRINCIPAL ACCOUNTANT GENERAL MAHARASHTRA TO EXAMINE THE MATTER AND SUBMIT REPORT TO CAG.)
2) Mission Director, Jawaharlal Nehru National Urban Renewal Mission- to discontinue grant to BMC for their failure to introduce mandatory property tax reforms as agreed in the aforesaid agreement signed in 2006.
3) Municipal Commissioner, BMC, Municipal Chief Auditior, Assessor and Collector and others for loss of revenue to BMC.
4) We have also filed RTI applications with aforesaid authorities seeking details of the action taken by them.
It is relevant to state that the Municipal Corporations of Delhi,Chennai, Banglore, Kolkatta, etc. are charging property tax to the slums / jhuggis / zopadis then why BMC dispite signing agreement in 2006 is not collecting property tax. This amounts to deliberate and intentional ommission on the part of MC and others of BMC to recover the said property tax. As such we demand that thisloss occuring to BMC due to the neglect of MC and others should be recovered from their salaries.
The BMC has threatned to recover the property tax that is due with 24% p.a. interest from tax payers. Our question to BMC is that they should first recover
a) Rs.143 Cr. from railways, which it has not paid in taxes for last 15 years
b) Similar or more amount is also to be recovered from State Government
c) The builders owe Rs.628 Cr. out of which only Rs.8 Cr. has been paid. As such is the BMC going to recover Rs.620 Cr. with 24% interest from the builders (seeattached news report).
PLEASE CIRCULATE THIS AMONGST YOUR FRIENDS AND RELATIVES AND TAXPAYERS TO CREATE MASS AWARENESS.
regards
For Watchdog Foundation
Nicholas Almeida/Godfrey Pimenta (gpimenta@rediffmail.com)

sfz62@yahoo.co.in

 

RTI_Reply-Comptroller

Flat owners in a fix in Mumbai’s co-op housing societies

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In land-starved Mumbai, managing committees of cooperative housing societies tango with builders to beat the law and browbeat flat owners by opting to redevelop buildings

According to legal and realty experts, while the laws are generally good, society MCs take advantage of sundry shortcomings to connive with builders at the time of executing redevelopment contracts. As a result, tens of redevelopment cases end up in courts. While cases between housing societies and their members land in cooperative courts, a feud among a society, its members and a third party goes to the high court.

At the ward/department level, there are lakhs of cases of such disputes.

The government’s taciturn approach does not help either – legal experts say the departments concerned turn a blind eye to the “dictatorial manner” in which MCs function by flouting laws and disregarding rules.

 

Many experts are of the view that the Redevelopment Directives of January 2009 U/S 79 are broad guidelines, and are one-sided – they are meant only for members to follow and lack any provision for penalty or punishment for the errant builders. Despite many projects being delayed, no builder has so far been put behind bars, prompting Dilip Shah, senior counsel, redevelopment, to quip, “This is a major lacuna. And builders know that a common man cannot afford to get into a long-drawn legal battle.”

 

Click Here for the full story

 

BMC wants 79A clearance from Registrar before approving redevelopment

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BMC wants 79A clearance from Registrar before approving redevelopment

By Accommodation Times News Services

All the redevelopment plans put up by either builder or society itself for redevelopment must accompany a certificate from the Registrar of Co-operative Housing Society who have observed section 79A procedures laid down by Maharashtra Co-operative Society Act 1960.

The Brihan Mumbai Mahanagar Pallika will not entertain any proposal for redevelopment. Section 79A is guide lines set up by State Government of Maharashtra for smooth procedure and unbiased process for redevelopment for societies.

J.B.Patel (Jeby)
Mobile:9820538570

 

BMC Circular dt 15-04-2013 regd CHS Redevelopment (Marathi)
BMC Circular dt 15-04-2013 regd CHS Redevelopment (Unofficial English Translation)

CERS compels Whirlpool India to compensate harassed consumer

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Ahmedabad, July 4th, 2013

Consumer Education & Research Society (CERS), a name synonymous with Consumer welfare, came to the rescue of complainant Kalpesh Parikh, who purchased an RO water purifier from Whirlpool India which was later on found to be defective within a few days of its purchase. Recently the matter was settled through Lok Adalat organized by Consumer Forum on 25/3/2013 and  as per the settlement,  Whirlpool India has agreed to pay a token amount of Rs.2000/- along with replacement of the damaged parts of the machine and extending the warranty cover for the damaged RO sold to Kalpesh Parikh. 

As per the case details, Kalpesh Parikh was facing major functionality problems with his recently purchased RO water purifier from Whirlpool India. However, his repeated attempts to get it repaired from Whirlpool went in vain as the company refused to pay heed to his complaints.

As a result of the constant neglect of Whirlpool India, Kalpesh Parikh approached CERS to intervene and resolve the matter. After verifying the case details, CERS was quick to react to the situation and lodged a complaint against Whirlpool India in the consumer forum.

As per the settlement arrived at Lok Adalat between both the parties it was agreed that   a technician from Whirlpool will  visit the complainant’s house and do the necessary repairs of the RO water purifier. Even if there are major repairs involved, it will be Whirlpool’s responsibility to have the machine repaired and returned to the complainant within 3 weeks from the date of initiating repairs.

Additionally, it was also decided that  Whirlpool will  give Kalpesh Parikh an extended warranty cover for the RO water purifier that will be considered valid from the day it is returned to the complainant in workable condition.

For further information please contact: Ms Pritee Shah (O) 079-27489945/46   

IFC to launch investment fund for Indian women SMEs

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World Bank’s investment arm, the International Finance Corporation (IFC) is considering a women’s investment fund programme aimed at investing in women-owned businesses globally through private equity funds, reports Business Standard.

The programme would help SMEs in India and Africa and mid-cap companies in Southeast Asia. However, the quantum of the fund has not been disclosed by the Corporation.

According to IFC, working through experienced fund managers with regional and corporate banking experience would help improve corporate governance and train women entrepreneurs to grow their companies and create more jobs.

Furthermore, IFC’s ‘Banking on Women’ programme supports access to finance and builds technical capacity for women through global and regional financial institutions. “Women entrepreneurs are changing the face of the global economy, helping to sustain job creation and economic growth. It is estimated that women-owned entities represent over 30 percent of registered businesses worldwide. Unfortunately, on average, only 5 to 10 percent of women-owned entities have access to commercial bank loans,” said IFC.

Click Here to learn more