Enclosed is the Newsletter from Consumer Education & Research Center, Ahmedabad.
This issue covers :
Click Here to view the Newsletter
Pl take note of the attachments. They may be useful.
regards,
Sridharan, (Sridharan Pillai Pakkam Nattu <p.n.sridharan@gmail.com>)
Ghatkopar East,
97571 34564
A list of Supreme Court cases with a brief synopsis of each, explaining how Court judgements can by analyzed and criticized without attracting contempt proceedings
Click Here for the article
Click on right top of the page to read the titles in English – most of the content is in Marathi – but it is good to know and apply
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.
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
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
CERC exposes malpractices adopted by flight carriers
Passengers burdened with wacky charges
Ahmedabad, 25th May, 2013
Flying high is going to cost more now, with all the leading airlines reducing their luggage capacity and adopting policy of charging extra for preferable seats. Consumer Education Research Centre(CERC), a member of Consumer International, is an active organization incessantly working for the cause of the consumers and addressing their grievances have approached Civil Aviation Minister about the severe malpractices adopted by airlines companies for burdening the passengers with their wacky charges without the approval of regulatory bodies.
Recently CERC with its various research modules has noticed that general public is being exploited by various Airlines who increase airfare as per their whims & fancies without taking approval from AERA. Recently Jet Airways and other Airlines have reduced Luggage capacity from 20 kg to 15 kg without taking any approval from Regulatory Body and without any public hearing. These Airlines have also decided to impose an additional charge Rs. 250 per Kg for any extra weight thus escalating the saddle on the fliers. Some other Private Airlines have introduced charges for preferential seats, thereby negating all procedure for filing petition before AERA (Airports Economic Regulatory Authority) prior to imposing such charges. Airlines are also charging Rs. 100 per seat by the choice of the passengers. In other words Passengers are being exploited by various Airlines and the Regulatory Body should execute some stern action against these malpractices adopted by airlines. Passengers are shelling bulk amount for air travel and the airlines are now additionally imposing payment burden even in matter of seats and luggage.
The congestion charges collected from passengers is also illegal and Airlines are violating regulations by exploiting civilians to increase their profits by tumbling charges for various basic facilities provided to the passengers. With so much of air traffic clogging due to – non availability of landing track, the aircraft unnecessarily keep flying which consumes expensive fuel thus further adding to the financial burden of passengers. In its letter to the Civil aviation minister, CERC opposes such decision of airlines of excising extra charges from passengers and has also requested concerned authorities to take appropriate action against them.
For further information please contact:
K.K. BajajCGM (Hon) – CERS – AHMEDABAD
Email : kabajaj2003@yahoo.com
CERS compels school authorities to refund wrongfully held fees post withdrawal of admissions
Ahmedabad, 15th June, 2013
In a recent order passed by Consumer Disputes Redressal Forum Ahmedabad (Rural), city based Somlalit School was asked to refund the entire amount of Rs 50000/- charged as admission fees along with interest to harassed parent, Dharmesh Shah who had claimed the refund after withdrawing the admissions of both his sons on 10th May 2010 without them attending even a single session of the academic calendar in school. The forum has also ordered Somlalit School to pay Rs. 3000/- for mental agony faced and Rs. 1000/- towards the litigation charges involved.
Dharmesh Shah had paid admission fees for both his sons-Fenil Shah and Devras Shah at Somlalit School. But, before the academic session for 2010-11 began, Dharmesh decided to withdraw the admissions of both his children and therefore claimed refund from the school authorities. In fact, Dharmesh also followed up his request with a legal notice on 30th October 2010. When the school authorities refused to respond, Dharmesh approached CERS to intervene. CERS was quick to initiate action and filed a case on May, 2012 in the Consumer Disputes Redressal Forum on behalf of the complainant.
Later on, the school authorities said that the refund was denied as it was non refundable and the same had been specified at the time of admissions. In response to this reply, CERS filed a rejoinder affidavit on 13th August 2012 clearly highlighting that the amount being non refundable was no where specified in all the fee receipts given by the school during the admission process and therefore the claim for refund was valid.
During the arguments, the school authorities also claimed that being an educational institute they were not bound by the regular consumer and service provider relationship. However, the consumer forum denied the claim citing the ruling of the National Commission and Supreme Court which clearly states that due to the fees charged the educational institute is bound to provide the service. Further CERS also highlighted that the withdrawal of admissions by Dharmesh Shah hadn’t adversely affected the school authorities as the seats were later on filled by other students and so there is no reason for them to refuse the refund claims.
After hearing both parties, the forum did not find any merit in the arguments made by the school authorities. Therefore the forum ruled an order in favor of the complainant asking the school to lawfully compensate the complainant at 9% rate of interest from 10th May 2010 along with charges for mental agony caused and litigation involved.
For further information please contact: Ms Pritee Shah (O) 079-27489945/46
CERS compels public sector insurer to settle claim of Rs 80 lakh previously rejected on invalid grounds
Ahmedabad, June 06 th , 2013
A tactical move by a government-owned general insurer to reject a valid claim of an amount as high as Rs. 80 lakh by making convenient interpretation of the terms & conditions of the insurance policy was blocked by intervention of nationally renowned consumer organization Consumer Education & Research Society (CERS), which filed a case on behalf of a city-based firm in Consumer Disputes Redressal Commission, Gujarat and got an order in favor of the complainant for the settlement of the claim. The State Commission ordered New India Assurance to pay Rs.80 lakh within 30 days with interest at the rate of 9% and also asked to pay additional amount of Rs. 50,000/- towards the litigation cost and Rs. 1,00,000/- as compensation for the mental agony faced by the complainant.
As per the case details, Doshion Ltd. providing solutions for water management, received a contract for installation of a desalination plant on turn-key basis from Kerala Minerals Metal Ltd in 2005. As prescribed in the bid document, the company got a standard fire & special perils policy covering risk of Rs. 29.25 crore including cover of Rs. 5 crore for construction materials and other stocks before commencing the work in 2006 from New India Assurance Company Ltd by paying a premium of Rs. 8.08 lakh.
Thereafter, during the progress of the work, the construction site was flooded by the sea water due to breach in a nearby earthen embankment and whole machineries and material mobilized for the work were destroyed. The development was immediately reported to the insurance company. As per the evaluation, the damage was to the tune of about Rs. 80 lakh and Doshion Ltd put up a claim of Rs. 86.93 lakh before the insurer. However, the claim was rejected saying that the site, where the damage was done, was different one from the place cited in the insurance policy.
As the move was illegal, Doshion Ltd approached CERS to intervene. After verifying all the details, CERS filed a complaint in the Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad. On behalf on CERS, Mr. Apurva Dave appeared in the Commission. After hearing both parties through their counsels, the Commission rejected the argument made by New India Assurance company and passed an order in favor of the complainant asking the insurer to suitably compensate.
For further details please contact: Mr Apurva Dave, +91 98255 55854
Consumer Resources 