Railways accountable for consumer troubles, compensation granted !

Railways accountable for consumer troubles, compensation granted !

When you buy a confirmed ticket to travel and are allotted a particular seat or berth, you expect that reservation to be available to you on the day of travel. After all, that is the very purpose of booking a confirmed ticket – it guarantees your travel as per your ticket.

But in the Indian Railways lexicon, the word ‘reservation’ has an entirely different meaning. If you go by the railways interpretation of the word, it does not guarantee reserved seat or berth. The Indian Railways Reservation Rules say: “The Railway Administration will endeavour to provide reserved accommodation but does not guarantee the same and will admit no claim for compensation for inconvenience, loss or extra expense due to such accommodation including carriages, not being provided or reserved carriage not been attached to a particular train. The supply of any particular type of carriage or the provision of a particular berth and seat is also not guaranteed.”

In other words, the railways try very hard to escape liability for the consequences of any negligence or deficiency on their part in issuing tickets. Fortunately for consumers, the consumer courts have foiled all such efforts. I remember one of the first cases on the issue filed before the consumer court, wherein a young mother, travelling with an infant, had a harrowing experience, thanks to a careless mistake in ticketing made by railway officials. Medha Karnik was issued a confirmed ticket to travel from Tiruchirapalli to Chennai and then from Chennai to Mumbai by Chennai Express.

However, when Medha reached Chennai station, she found to her horror that Chennai Express did not run on Wednesdays at all. With the railway officials at Chennai ignoring her pleas for help, Medha was finally forced to travel with the baby on another train, in an unreserved compartment and on a luggage loft for 27 hours without sleep or food. When a consumer group took up this case before the consumer court, the railways argued that the passenger was to blame, as she had failed to check the railway timetable !

Dismissing this, the Commission said the railways had to take responsibility for their negligence and pay for the consequences. It awarded a compensation of Rs 7,500 (S.Pushpavanam Vs The General Manager, Southern Railway, OP No 7 of 1991) In a more recent case, four passengers were awarded a compensation of Rs 10,000 each for the inconvenience caused to them on account of the railways failure to make the promised reservation for the onward journey. (Union Government of India Vs Subhash Chand Jasuja, RP No78 of 2001, decided in 2006) But obviously, the railways have not learnt any lessons.

Rajendra Maleyvar: I bough five confirmed tickets (II 2S class) for our journey from Delhi to Bhiwani on January 24, 2009, by Kisan Express and return tickets by the same train the next day. However on reaching the railway stations (Delhi and Bhiwani) on the scheduled dates we were informed that there were no reserved coaches attached to the respective trains on both days of our journeys. This put us to a lot of inconvenience and caused avoidable financial loss, besides disrupting our programme. The railways, however, are not responding positively to my demand for compensation.

source: Yahoo! news

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July 13, 2010 Posted Under: Consumer Cases, Consumer Law   Read More

Dentist to compensate for extracting wrong tooth

A dentist, accused of extracting a wrong tooth, has been directed by a consumer dispute forum here to pay Rs.57,200 as compensation to the patient.

The district consumer disputes redressal forum Thursay directed Kohli to pay a compensation of Rs.50,000 for causing mental agony and harassment to the complainant, Rs.5,000 for covering the cost of litigation and Rs.2,200 for the medical expense.

According to the complaint, Poonam Devi had in June 2009 gone to Ashima Kohli’s private dental clinic in Sector 30 here.

“I visited the clinic as I had pain in my lower jaw. Earlier, a doctor had suggested the extraction of my sixth tooth in the lower jaw, as it was infected. I apprised Kohli about this, but she diagnosed that the seventh tooth was causing pain,” Poonam Devi told IANS Friday.

“She extracted the seventh tooth, but it did not bring me any relief. On visiting a government doctor, I found that the actual problem was still with the sixth tooth. When I approached Kohli, she misbehaved with me and my husband and refused to meet us. Following this, we approached the consumer forum,” she added.

The consumer forum referred the medical reports to the Postgraduate Institute of Medical Education and Research (PGIMER) here. A special team of senior doctors was constituted to look into the matter, which gave its decision in the favour of Devi.

source: Economic Times

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July 13, 2010 Posted Under: Consumer Cases, Consumer Law   Read More

Consumer forum sends SBI officer, staffer to jail

The District Consumer and Redressal Forum, UT, on Monday ordered imprisonment of an assistant manager of the State Bank of India and another employee of the bank for not complying with its orders and refund an amount deposited by a city based complainant.

According to the original complaint, Virain Sandhu, a resident of Sector 18, had alleged she was approached by the SBI Assistant Manager Amarjeet Singh and Anil Pahwa of the IOR department, Sector 17 branch, to invest money in the Sarb Bank Employee and OUSET & C Society, Phase XI, Mohali, and assured to give returns at 16 per cent per annum. The complainant had alleged she invested Rs 6.14 lakh on May 16, 2004, in the form of FDR and the same was renewed from time-to-time. The complainant continued to receive interest till April 16, 2006, and thereafter she requested Singh and the Society to pay principal amount plus interest but the same was not acceded.

Report @ http://www.indianexpress.com/news/Consumer-forum-sends-SBI-officer–staffer-to-jail/642777

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July 7, 2010 Posted Under: Banking, Consumer Cases, Consumer Law   Read More

Dell India gets notice for over-pricing products

New Delhi, Aug 2 (IANS) Computer major Dell India has been issued notice by a district consumer court here for allegedly over-pricing products and supplying a faulty laptop to a customer.

A consumer court in Shalimar Bagh, while issuing notice to Dell India earlier this week, asked the firm to file its response by Dec 21, the next date of hearing.

The court was hearing the plea of Archer Softech Pvt Ltd through its advocate Ankur Raheja, who alleged that the Dell Inspiron 6400 laptop it bought for Rs.69,164 turned out to be faulty. He also said that the company was not ready to replace or repair the product.

‘Except the hard-disk and processor (which are of Toshiba and Intel make, respectively), almost each and every part has either been replaced or is not functioning properly due to manufacturing defects and poor quality of spares supplied for the laptop,’ Raheja told IANS.

He added that his client had to run form pillar to post to get spare parts for the laptop and its servicing, which also resulted in loss of business. He has demanded that the company return the amount paid by the consumer for the laptop and a compensation of Rs.400,000.

The complainant also alleged that Dell is over-pricing its products, charging consumers much more than the maximum retail price (MRP).

‘There is no doubt that Dell India’s aim is not just profit but extraordinary profit by exploiting Indian customers. That is why the prices for laptops and especially parts are always charged on the higher side in India,’ Raheja said in the complaint.

He said that the company had charged much more than the MRP for a battery. The cost of the battery, printed on the box, was Rs.2,100 but the company charged Rs.5,152, he alleged.

‘We have contacted the company on many occasions but lame excuses were provided by the irresponsible staff. And on some occasions, no response was received,’ Raheja said.

@ Copyright 2009 Indo Asian News Service

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High Technologies Solutions – SAP courses

High Technologies Solutions, 17, Kapil Vihar, 2nd Floor, Main Road, Pitam Pura, New Delhi – 110034

AND Head Office at N-18, Kalkaji, New Delhi -10019

The following students joined the SAP course in year 2008

1. Mr Nitin Gandhi R/o Majlis Park, Near Azadpur Mandi, Delhi-33 (Course Joined on 30-Jul 08)

2. Mr Parvez Khan R/o Sant Nagar Burari, Delhi-84 (Course Joined on 30-Jul 08)

3. Mr Gaurav Sharma R/o Shastri Nagar, New Delhi-110052 (Course Joined on 08-August 08)

4. Mr Manish Jain R/o Shanti Mohalla, Delhi-110031 (Course Joined on 04-Jul 08)

5. Mr Sachit Kumar R/o Sector-8, Rohini, Delhi – 110 085 (Course Joined on 05-August 08)

6.Mr Dhawal Saxena R/o Pitampura, Delhi-110088 (Course Joined on 17-Feb 08)

Complaint:
1.That we joined your Institute at Pitampura Centre for course in SAP in the year 2008 starting in the months of February, July and August 2008, some of us even left our existing jobs, as they were promised 100% job guarantee.

2.That at the time of admission, it was claimed thatHTS Institute is one of the top SAP education Institutes in Delhi, duly recognized by SAP, Germany having best faculty and 100% job placement guarantee. Further, it was also promised that we would be provided training in company projects, case studies and interview preparations.

3.That during the course, it was discovered that HTS Institute does not have licences from SAP to conduct such course, therefore the certificate issued at the end of the course in the month of October 2008 just mentions ERP and not SAP, (though we had enrolled for SAP course that was clearly mentioned in the course receipt and brochure). Further, Course was never completed either and all was complained to the Institute head, but still without completing the course HTS Institute issued the certificates with a promise to provide extra classes including practicals on original software and further training in company projects, case studies and interview preparations, but nothing of sort happened.

4.That further, due to lack of licences from SAP, the pirated versions that are available on all of the machines in Computer Lab have many inbuilt restrictions, which never allowed us to practice all the functions of the software and thereby gain complete knowledge on the subject.

5.That further HTS Institute failed to keep up the promise of job placement, as no such opportunity has been provided to any of us till date, except for issuing fake offer letter and fake salary slip to some of us, but infact such false certificates cannot help the students when they never added more than 25% of required knowledge at HTS Institute also due to incompetent faculty.

6.Though on one hand Institute is blaming Global Scenario for the same but on the other hand it is continuing issue of false advertisement claiming 100% job placements, as issued in ASCENT – TOI dated 5 November 2008, with a mala-fide intention of enrolling more students.

7.That the faculty employed by the Institute was of poor quality. As per our information, HTS Institute’s faculty member does not have proper qualifications for training in SAP and further Institute has employed single faculty member in SAP at their Pitam Pura centre, who teaches all the SAP functional modules, though at the time of admission they had committed to us that classes will be taken by trainer who would be from industry & specialized in your module only, but it was not the case and that is why he never had enough time for individual student. Though at the time of admission it was committed that trainer will provide one hour practical after every one hour theory class. But in reality, we were made to sit in practical lab without any theory class. And the trainer used to give at the most 10-15 minutes to each student.

8.That the certificates issued to us does not mention the Date of issue, Ref no & Certificate no for the reasons best known to your esteemed Institute.

9.That due to poor quality of faculty coupled with pirated softwares run on Institute’s machines has resulted in irreparable harm to my clients, as they are failing miserably in the Interviews they are applying for, through various advertisements at their own.

10.That Institute has been served with a Legal Notice with the help of LegalSolutions.in and has been directed to refund the fees paid by my us within 15 days of receipt of the notice, further compensate us for keeping unemployed at Rs 25,000 per month till we undergo SAP or some other course from some other reputed Institute and find a suitable job, failing which HTS Institute would be liable for all the costs and consequences thereto, including compensation for Deficiency In Service, Unfair Trade Practices, Harassment and Mental Agony and legal proceeding in a court of appropriate jurisdiction.

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