Archive for the “Consumer Cases” Category

Consumer Court Decisions 2012 – Part 2

Consumer Court Decisions 2012 – Part 2

Mobile company fined over global roaming

A consumer forum imposed a fine of Rs 18,000 on a mobile service provider for having failed to activate international roaming service for one of its customers, despite the customer having paid the deposit amount.

The Central Mumbai District Consumer Disputes Redressal Forum held Vodafone Essar Ltd guilty of deficiency of service and directed it to pay Omprakash Bhadada (56) Rs 15,000 as compensation for mental agony and Rs 3,000 towards costs.

@ http://articles.timesofindia.indiatimes.com/2012-04-25/mumbai/31398131_1_consumer-forum-provider-deposit-amount

Consumer forum directs immigration firm to refund money

Jalandhar district consumer disputes redressal forum has directed World Wide Immigration Consultancy Services Limited (WWICS) to refund Rs. 50,000 to a city resident for deficiency in service. The forum also ordered payment of Rs. 5,000 to complainant Veena as compensation and litigation
expenses.

@ http://www.hindustantimes.com/Punjab/Jalandhar/Consumer-forum-directs-immigration-firm-to-refund-money/SP-Article1-847701.aspx

Reliance Insurance to pay Rs 88K for denying cashless service

The Reliance General Insurance Company Ltd has been ordered by a consumer forum to pay over Rs 88,000 to a mediclaim policy holders for its failure to facilitate cashless service to him for his daughter’s surgery.

@ http://www.indianexpress.com/news/reliance-insurance-to-pay-rs-88k-for-denying-cashless-service/943437/

Forum tells state power firm to recalculate bills

After hearing a complaint that energy bills were wrongly calculated, the consumers’ grievances redressal forum (CGRF), Nashik, has ordered MSEDCL, the state electricity distribution company, to recalculate bills based on average metered units prior to the duration in question.

@ http://timesofindia.indiatimes.com/city/nashik/Forum-tells-state-power-firm-to-recalculate-bills/articleshow/12929595.cms

Consumer forum asks builder to pay Rs 9.27 lakh to couple

A Delhi consumer forum has ordered a realtor to pay Rs 9.27 lakh to a couple, saying it cheated them by taking the booking amount for a flat but did not even begin the construction despite considerable lapse of time. The New Delhi District Consumer Disputes Redressal Forum, headed by C K Chaturvedi, held AJS Builders guilty of cheating the couple and rendering deficient service to them. “We hold the opposite party (builder) guilty of total deficiency, cheating and causing disappointment to the complainants and not refunding the money collected from the complainants,” the forum said.

@ http://ibnlive.in.com/generalnewsfeed/news/consumer-forum-asks-builder-to-pay-rs-927-lakh-to-couple/992046.html

Consumer forum fines builder for misleading it

The National Consumer Disputes Redressal Commission has imposed a fine on a builder in the city for concealing facts and furnishing wrong information to the Commission.

The Commission asked Narendra Sodhi of N K Sodhi and Company to pay Rs 10,000 to each of 20 complainants – the petitions were filed separately – who had in 2008 approached the district forum, the lowest of the three-tier forum, in Mumbai against him.

@ http://www.indianexpress.com/news/consumer-forum-fines-builder-for-misleading-it/942944/

Jet Airways to pay Rs 71K compensation

Jet Airways has been ordered by a consumer forum here to pay over Rs 71,000 as compensation to a family of four for not communicating their food preference to the connecting airline and making them go hungry for over 10 hours during their flight to Toronto from London.

@ http://www.indianexpress.com/news/jet-airways-to-pay-rs-71k-compensation/938368/

Reliance Com to pay Rs 6,000 damages

Reliance Communications will have to cough up Rs 6,000 towards damages to a city-based practising advocate for deficiency in services.

The district consumer court in its recent order directed the service provider to pay Rs 5,000 towards the mental trauma, and physical and financial losses incurred by Subhash Kharat and Rs 1,000 as litigation expenses.

@ http://www.indianexpress.com/news/reliance-com-to-pay-rs-6-000-damages/938831/

Consumer Forum asks Delhi police to file cheating case against Kotak

The district forum also asked Kotak Mahindra Old Mutual Life Insurance to pay Rs1 lakh as compensation to its customer, a retired Army officer for selling a wrong insurance-linked saving policy by signing the proposal form

http://www.moneylife.in/article/consumer-forum-asks-delhi-police-to-file-cheating-case-against-kotak/25079.html

‘Wrong interpretation of the law by Consumer Forum’

The Mysore District Consumer Forum recently dismissed (13-7-11 in Case No. 1070/2010) a complaint filed by a consumer. It appears to be based on a wrong interpretation of the Consumer Protection Act.

http://www.deccanherald.com/content/243846/wrong-interpretation-law-consumer-forum.html

Travel blues: Tourists get operator to cough up

Eight months after they filed a complaint with the Consumer Disputes Redressal Forum, five members of a tour group from the city were awarded compensation for the mental agony they suffered during a tour of Israel because of an inept tour operator.

The group of five included the former principal chief conservator of forests of the state, N.V. Ramachandra Chetty, and film producer Anitha Pattabhiram. Now, the Consumer Disputes Redressal Forum has directed the tour operators to pay each of them compensation of `50,000. The package tour of Israel was organised by Mumbai-based SOTC World Famous Tours in July 2011. Immediately after they landed at Tel Aviv airport, the tour operator took away their passports, and they were unable to go anywhere even in their free time.

http://www.deccanchronicle.com/channels/cities/bengaluru/travel-blues-tourists-get-operator-cough-622

Kingfisher asked to pay Rs 12,000 to passenger

Kingfisher Airlines has been ordered by a Delhi district consumer forum to pay Rs 12,000 to one of its passengers for booking him on a non-operational flight and telling it only when he went to the airport to catch it.
The New Delhi District Consumer Grievances Redressal Forum ordered the airlines to pay the compensation to Delhi resident RP Singh, while holding it guilty of rendering deficient service and harassing him.

@ http://ibnlive.in.com/news/kingfisher-asked-to-pay-rs-12000-to-passenger/252388-7.html

Sony to pay customer Rs 19,000

Sony Electronics has been ordered by a Delhi district consumer forum to pay Rs 18,900 to a customer for selling him a faulty music system.

Observing that the product “had some inherent defect” and was not a “marketable good”, the North Delhi District Consumer Forum directed Sony to refund its customer the cost of the music system.

@ http://www.indianexpress.com/news/sony-to-pay-customer-rs-19-000/941463/

Consumer body asks SBI to pay compensation

The district consumer disputes redressal forum has ordered the State Bank of India to provide compensation to the complainant who had taken loan from the bank for buying a house, but, could not get the original document even after paying back the loan.

@ http://articles.timesofindia.indiatimes.com/2012-04-25/lucknow/31398508_1_complainant-loan-state-bank

Insufficient funds can’t ‘dishonor’ cheque

Merely saying ‘insufficient funds’ cannot be a valid reason for banks to dishonor a cheque, unless it is explained what amount would have been sufficient to honour it, a consumer forum has held.

The Central Delhi District Consumer Forum ruled it while ordering ICICI Bank to pay Rs 25,000 as compensation to a customer for dishonoring her cheque of Rs one lakh on grounds of insufficient funds in her account, despite the same having more than rs one lakh in it.

@ http://www.indianexpress.com/news/insufficient-funds-cant-dishonor-cheque/940895/

Stolen car: ICICI Lombard to pay Rs 6.3L

ICICI Lombard General Insurance has been directed by a consumer forum here to pay Rs 6.3 lakh to a policy holder for refusing to reimburse his loss after the theft of his car.

The New Delhi District Consumer Forum order the ICICI Lombard to compensate the policy holder saying that the firm had failed to justify the rejection of the claim, as it did not file a formal reply to the complaint or a copy of the policy rules on basis of which it had refused to pay him.

@ http://www.indianexpress.com/news/stolen-car-icici-lombard-to-pay-rs-6.3l/940394/

Gurdaspur: Consumer Court asks insurance company to pay claim of Rs 11.5 Lakhs

District Consumer Disputes Redressal Forum, Gurdaspur consisting of Sanjay Garg, President, Raj Kumar and Jagdeep Kaur,as its members in a recent judgment has directed the National Insurance Co. to pay the insurance claim of Rs.11,50,000/-alongwith interest at the rate ff 12 percent per annum to R.S.Transport Co. Limited, Pathankot on account of theft of the insured vehicle of the complainant.

@ http://www.punjabnewsline.com/content/gurdaspur-consumer-court-asks-insurance-company-pay-claim-rs-1150000/43580

VN:F [1.9.17_1161]
Rating: 6.3/10 (3 votes cast)
VN:F [1.9.17_1161]
Rating: +1 (from 1 vote)

Popularity: 3% [?]

May 1, 2012 Posted Under: Consumer Cases, Consumer Law   Read More

Speak Asia Deposits $10 million with Supreme Court of India

Speak Asia Deposits $10 million with Supreme Court of India

The order dated 23 February 2012 is as follows, whereby Speak Asia has deposited the amount as per the order of the Supreme Court of India.

“SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS

WRIT PETITION (CIVIL) NO(s). 383 OF 2011

SOLOMON JEMES & ORS.
VERSUS
UNION OF INDIA & ORS.

(With application for impleadment, directions, stay and office
report)

Date: 23/02/2012 This Petition was called on for hearing today.

UPON hearing counsel the Court made the following
O R D E R

In pursuance to the directions of this Court dated 6th February, 2012, respondent Nos. 3 and 4 have deposited an amount of US $ 10 million by way of a bank draft bearing DD No. 037002 dated 20th February, 2012 drawn on State Bank of India, Singapore Branch in favour of “The Registrar, Supreme Court of India” in the Registry of this Court.

Learned counsel for the respondent Nos. 3 and 4 submits that this amount be deposited in a fixed deposit for a period of 91 days initially with the UCO Bank, Supreme Court Compound, on an auto renewal basis.

This request seems to be reasonable and we order accordingly.

We also direct the Secretary General of this Court to invest the amount today itself in the UCO Bank, Supreme Court Compound for a period of 91 days on auto renewal basis.

With these directions, this application stands disposed of. However, it is made clear that the disbursement of the amount would be subject to further orders of this Court.

Learned Additional Solicitor General undertakes to file an Affidavit. She may do so within a period of two weeks.

Reply, if any, thereto be filed within two weeks thereafter.

- Court Master”

source: http://courtnic.nic.in/supremecourt/temp/383201132322012p.txt

VN:F [1.9.17_1161]
Rating: 7.3/10 (4 votes cast)
VN:F [1.9.17_1161]
Rating: 0 (from 2 votes)

Popularity: 12% [?]

February 27, 2012 Posted Under: Consumer Cases, Consumer Law   Read More

Harassment Complaint against IDEA Cellular & its Pitam Pura store, Delhi

Harassment Complaint against IDEA Cellular & its Pitam Pura store, Delhi

Complaint against IDEA Cellular Limited, ‘Windsor’, 5th Floor, Off CST Road, Near Vidya Nagari, Kalina, Santacruz(E), Mumbai – 400098 and V.S Technologies, IDEA Store, 279, Rajdhani Enclave, Pitam Pura, Delhi – 110034

Complaint by a senior citizen (name not disclosed due to confidentiality, facts have been verified)…

I opted out of previous Telecom provider, Vodafone and selected IDEA as a service provider due to good post-paid plan options in mid August 2011, whose first pro-rata bill was generated on 10th September 2011.

I subscribed to Combo 249 plan (including 1 GB data) and also to Rs 299 Blackberry plan initially. Though, was surprized to learn that GPRS service would be deactivated on Blackberry services, which was never the case with previous service provider.

But for the best reasons known to the IDEA company. Further, they deliberately put up a credit limit of meager Rs 750 for the said Mobile number, unknown to me.

The first bill was generated on 10th September, 2011 but being charged proportionately, it was below Rs 500. And the credit limit was never verified or noticed, being very new to the Addressee Company’s services. The same bill was paid by cheque at Connect Communication, TU-19, Pitam Pura Idea Store, located near Hotel City Park.

In the first week of October, I was on Punjab Tour and thereby incurred more charges on roaming. And as a result on 10th
October 2010, around noon time, I received a message that please pay some amount, as you have exceeded credit limit and the due amount is over Rs 800/-.

And within an hour of SMS from IDEA, my outgoing call, SMS services and Blackberry services were blocked. Immediately, I registered a complaint with IDEA and questioned/protested their harsh behavior, as 1-2 hours notice is impossible to comply. Further, requested for immediate restoration of services and a copy of the BILL be emailed to me, as it was difficult to understand as to how I have exceeded the credit limit. But the bill was received till late at night on 10th October 2011 only in normal course. And due to the interruption of the services, my work suffered.

It is pertinent to mention that 10th October 2011 was a Monday, which is weekly off, for both the stores located at Pitam Pura. So in any case, it was not possible for me make payment on the said date.

Further, I requested for increase in the credit limit over the telephone, to which customer care replied that it can be done at Idea Store only. And in protest I requested for deactivation of Blackberry services on the 10th October 2011 evening, which was de-activated the same day. And on the next day, I visited the Connect Communication at Pitam Pura first but it was closed on Tuesday also.

I immediately called Idea Customer care and after lot of waiting, got information as to other Idea Store located nearby, i.e. V.S. Technologies, Pitam Pura, Delhi and rushed to the same after searching for the same and complained about the ill-treatment and requested for the resumption of services at the earliest but it was told that services would be resumed only on payment.

I intended to make payment through cheque of proprietor business but I was told, either pay cash or wait till cheque is clear before services can be resumed. On this, after lot of arguments with the customer care and also with the idea store employees (V.S.Technologies). It was agreed that the services would be resumed in the next one hour.

I also requested for activation of 1 GB GPRS services, which I was already subscribed to under the monthly rental plan, as Blackberry services were deactivated. And it was communicated by the store that the GPRS services will take a day for activation. And the same were activated the same night, i.e. 11 October 2011.

On 13 October 2011, suddenly the GPRS services again stopped working and on complaining, it was informed that they were never activated but will be done by next day. Again, the GPRS services worked for a days and again stopped working. Such things kept happening till 19th October, when finally 1 GB GPRS plan as already subscribed was activated on 19th October 2011. As a result, I had to face lot of hardship and harassment.

The harassment continued and the Bill received for the previous month on 10th November 2011, showed GPRS charges of Rs 503.92, though had used just 587 MB of data of 1024 MB available as monthly Free Usage. The same was complained to the addressee No 2′s customer care and after lot of complaints and arguments. Finally, I was informed over the Telephone and also email, that it has been wrongly charged and it would be reversed in the next bill. I have email and audio conversation as evidence.

Still in the next bill dated 10th December 2011, the same amount was not reversed and on complaining, I was asked to pay the Bill, assuring the adjustment in the next bill.

Again in the Bill dated 10th January 2012, the same amount was not reversed and the harassment continued. The said bill is just for Rs 431.22 and the amount to the credit of my client is Rs 503.92, therefore I rightly did not pay the bill and also emailed in the same regard. But a ready made reply came that IDEA representative is unable to get through the number, which was totally false statement.

I registered a complaint to the customer care as regards the credit to be made available to me after due date, as warning messages were aired before I could make any outgoing calls. The customer care representative called back on 30th January 2012 and took a request and assured that no disruption of services will happen.

On 1st February 2012, the outgoing services and data services of my client were again effected. And due to busy schedule of my family on 1st and 2nd February 2012 in school admission process at Delhi. ON 3rd Feb, 2012, I complained about the matter to the IDEA customer care, who instead of accepting the mistake of the company, tried to showed pity over my client and activated outgoing services for just 24 hours, stating that the same would be credited to your account on 06th February 2012 but the services can be activated for 24 hours only.

I visited the IDEA store, V.S. Technologies on 03 February 2012 and explained the situation and also requested that the phone should not deactivated again, as the credit is lying at addressee’s end for more than 3 months. But i was told that the credit would be applied on 06th February 2012 only in total disregard to IDEA Company’s mistake in applying the credit to my account in time.

Still I did not get any respite and outgoing calls were again deactivated on 4th February 2012, which is totally unfair, deliberate harassment and lack of care for the customer because when addressee company is fully aware about the fault at IDEA Company’s end, which was referred to as system error, then why I am being punished ???

Further, it is questionable as to how the credit limit of my client has been increased from Rs 750 to Rs 1,700, without putting up any request in this regard ???

Then, legal notice was issued to the company on 04th February 2012. And as a result finally a phone call was received on 06th February 2012 that the credit of Rs 503 will be applied to my account. But on 08th February 2012, my mobile services were totally suspended, which left me with no option but to pay bill under protest, as it was not less than a blackmail !

On complaining at IDE store – V.S. Technologies, I was told that it takes one week to apply the credit, therefore the further bill received dated 10th Feb 2012 also didn’t have any adjustment for those Rs 503.

Also, the legal notice served twice to V.S Technologies, IDEA Store, 279, Rajdhani Enclave, Pitam Pura, Delhi – 110034 has been deliberately returned, so that the harassment of the customer can continue by the shameless IDEA company and its store !!!

VN:F [1.9.17_1161]
Rating: 8.7/10 (7 votes cast)
VN:F [1.9.17_1161]
Rating: +4 (from 6 votes)

Popularity: 14% [?]

February 19, 2012 Posted Under: Consumer Cases, Consumer Law   Read More

Consumer Court Decisions 2012 – Part 1

Consumer Court Decisions 2012 – Part 1

Mumbai: Brothers pay for filing baseless case in consumer court

Filing “baseless” claims in a consumer court can invite dire consequences, as three brothers from Matunga realized it the hard way. The three siblings were fined Rs 30,000 by a consumer forum for dragging a builder to court over complaints that were “devoid of substance”.

Recently, the National Consumer Disputes Redressal Commission too pheld the State Consumer Disputes Redressal Commission’s fine order on the Nawathe brothers-Rashmi, Pradyot and Prakash-all residents of the 11-storey Rajbaug Building on Deodhar Road in Matunga.

http://articles.timesofindia.indiatimes.com/2012-02-05/mumbai/31026845_1_consumer-forum-new-flats-builder

Consumer forum fines ICICI bank for wrongful delivery of ATM

ICICI bank has been directed by a consumer forum to pay Rs 20,000 as compensation to one of its consumers whose ATM card was delivered to a wrong hand, who withdrew money from the account fraudulently.

The ATM card landed at a wrong address and was used for withdrawing over Rs 48,000 from the savings account of a person, who was waiting for the same to be delivered at his address.

A District Consumer Disputes Redressal Forum (Central) gave its ruling in the favour of account holder Datta Ram, saying that the act of the private bank caused “mental agony and harassment” to him for its failure to return the money to his account in spite of information that it was not withdrawn by him using the ATM card.

http://zeenews.india.com/business/companies/consumer-forum-fines-icici-bank-for-wrongful-delivery-of-atm_38436.html

Chandigarh: Waterlogging damages cars, residents win claim

Two Tricity residents, whose cars got stuck on waterlogged roads during the monsoon, have got relief through the UT Consumer Disputes Redressal Forums after their claims were denied by the respective insurance companies.

In the first case, Harjit Singh, the Proprietor of Kanwar Enterprises in Industrial Area, Chandigarh, had to knock the doors of the Consumer Forum after the insurance company denied his claim. Singh told the court that in July 2011, he was going from Chandigarh to Mohali when he was caught in heavy rain. His car stalled at the YPS crossing in Mohali. It had to be towed to the workshop the next day.

The AC and radio of the car were not working. Singh paid a total of Rs 1 lakh approximately on repair, and submitted the insurance claim to the company.

http://www.indianexpress.com/news/waterlogging-damages-cars-residents-win-claim/909285/

Mumbai: Consumer forum asks airline to pay Peddar Road resident Rs75,000

A city consumer forum has directed Kingfisher Airlines to pay Rs75,000 to a Peddar Road resident for failing to accommodate his family members on another flight after their flight, for which tickets were booked six months in advance, was cancelled.

The Mumbai Suburban District Consumer Disputes Redressal Forum found much substance in the allegation levelled by Sanjay Banga that the airline had cancelled several flights during the period in order to compel passengers to purchase new tickets by paying full ticket amount at the eleventh hour, and thus get rid of tickets booked in advance at concessional rates.

http://www.hindustantimes.com/India-news/Mumbai/Consumer-forum-asks-airline-to-pay-Peddar-Road-resident-Rs75-000/Article1-807299.aspx

Mumbai: Pay Rs30k for losing customer’s handset, mobile-maker told

Three years after Gurav Sharma, a resident of Marol, Andheri (east), lodged a complaint against Samsung Electronics Private Limited, the District Consumer Forum has directed the company to pay him Rs30,000 as compensation for failing to repair his mobile phone.

A division bench of JL Deshpande and Deepa Bidnuskar observed, “It will not suffice to order the issuing of a new mobile phone, as the complainant must have already purchased one. But the mental agony and harassment caused to him during the intervening period without a phone, and the efforts gone into filing the complaint and following up through a lawyer requires to be compensated.”

http://www.dnaindia.com/mumbai/report_pay-rs30k-for-losing-customers-handset-mobile-maker-told_1647249

Delhi: Discom to pay Rs 10K to woman for inflated bill: Consumer forum

BSES Yamuna Power Ltd has been asked by a consumer forum here to pay Rs 10,000 to one of its customers as compensation for “harassing” her by sending an inflated bill and then disconnecting her electricity supply for not paying it.

The Delhi District Consumer Disputes Redressal Forum said that the “arbitrary and illegal” act of the discom of sending an inflated bill of over Rs 81,000 to the complainant, Zarina Khatoon, amounts to “deficiency” of service and “illegal trade practice.”

http://economictimes.indiatimes.com/news/news-by-industry/energy/power/discom-to-pay-rs-10k-to-woman-for-inflated-bill-consumer-forum/articleshow/11807197.cms

VN:F [1.9.17_1161]
Rating: 5.5/10 (2 votes cast)
VN:F [1.9.17_1161]
Rating: 0 (from 0 votes)

Popularity: 18% [?]

February 9, 2012 Posted Under: Consumer Cases, Consumer Law   Read More

Nursery School Admissions – Fees Refund Circular by DOE

Nursery School Admissions – Fees Refund Circular by DOE

The ongoing school admissions process in Delhi is quite complicated, as a result of flexibility provided to the schools to determine, their own relevant dates as to first list, second list, etc.

As a result many of schools have already come up with the First list for the admissions admitting on first come first serve basis, though many of the reputed schools have still to come up with the first list on 01st February 2012.

But when you have already admitted your child in one school, so what happens if you wish to withdraw admission from the first school and get the child admitted in the other reputed school. Most of the schools lay down that the fees is non-refundable or only 50% of the fees would be refunded.

In this respect, the Department of Education had come up with the circular in Feb 2011, which states as follows:

“The circular issued by the Directorate of Education (DoE), Delhi, said there have been several complaints by parents regarding non-refund of fees and other charges by unaided recognised schools in the event of cancellation of admission.

If any fee is collected from the parents or guardians of a child, whose admission is cancelled…, the entire fee except registration fee charges shall be refunded.

It also said that if the parents chose to withdraw the child from the school within one month from the date of admission, the school shall refund the entire amount of fee or other charges within 15 days of the request made by the parents.

However, the school may retain some fees such as the registration fee, administration fee and one month’s tuition fee, according to the circular.”

Therefore, the most important thing to keep in mind is that withdrawal from first school should happen within 30 days of first admission !!!

VN:F [1.9.17_1161]
Rating: 8.3/10 (10 votes cast)
VN:F [1.9.17_1161]
Rating: +8 (from 8 votes)

Popularity: 22% [?]

January 26, 2012 Posted Under: Consumer Cases, Consumer Law   Read More
Page 1 of 712345...Last »