iPhone 5 Effect! Unraveling Apple–The Brand That Every Brand Should Aspire To Be!

Featured

Posted on September 13, 2012 by Runjhun

iPhone 5 Effect! Unraveling Apple--The Brand That Every Brand Aspires To Be!

Those rare times when you feel alienated in your own office!

Thank You iPhone 5! Me and like minded technologically challenged buddies across the country (bless your souls wherever you are soul sisters) curse you forever for this brutality!

But then I figured that there actually are no soul sisters around to do me the favors.

Everyone and their grandmothers right now are totally, completely, wholeheartedly trapped in the iPhone 5 bubble.

For most, it doesn’t matter if they ever owned an iPhone or not or if they really ever will own one. Heck! even people who can’t operate a smartphone to save their lives are making it a point to discuss this ‘grand’ event.

The techno geeks (like the ones in my office) are busy dissecting the technical specifications to the minutest detail with words like features, OS, “nano SIM” (‘nano’!?), converters and a couple of other incomprehensible mumbo-jumbo liberally thrown in.

For those who don’t care for the technology (or can’t), still choose to go ga-ga over how slick and smart and light and ”thin” is the iPhone 5, fascinatingly judging all of the above from a mere picture or some stray video. Of course, all of the above is true, certified by a couple of thousand posts and reports strewn all over the cyber world. But, I choose to reserve this sort of distance fueled infatuation for good looking guys on my telly screen; NOT for a little black box launched in some faraway land, the “classy” factor notwithstanding.

Don’t get me wrong! I absolutely admire Apple and everything it does.

If this makes you happy, it by default includes iPhone 5.

Its just that my reasons for admiration are slightly different.

I admire Apple for the kind of Brand loyalty it inspires, for the kind of love it has sustained, for the kind of obsession it has fueled over the years without fail.

I admire Apple for being the Brand every Brand should aspire to be.

In a fickle world of rapidly changing consumer loyalties, if a Brand continues to elicit confessions of true love from across the world, every single time it steps into the market– it must be doing something very very right!

Apple symbolizes the technological glory of the modern world. Every product it launches, encapsulates the ultimate human aspiration in terms of innovation and luxury. Of course, innovation is the root of it all and Apple continues to ride on the fact of being one of the first innovators in the market.

But, the fact that it has sustained itself, more or less unblemished, despite the competition, merits adulation which it rightly receives.

And this is not about the products–or quality. Definitely not.

As someone pointed out on Twitter, even if Apple sucks, we would still love it to bits!

iPhone 5 opened up to mixed reviews. Refraining from delving into the technical debate storm raging all over, all we want to say is that competition is getting there and Apple is playing the catch up game , which in itself says a lot about a Brand that had thrived on innovation and first-mover advantage.

But, Apple evokes emotions, the single most important factor behind every sustainable success. As a great man proclaimed in the Indian Telly world–jab dil pe lagegi, tabhi baat banegi!

There is something about Apple that tugs hearts across the world and that is an achievement, really hard to replicate.

For all the innovations, experiments and wonders that rivals come up with, the world still stirs, debates and waits with bated breath for Apple’s launch of iPhone 5.

Till the time, another launch of another product forces my elderly aunt in an obscure, interior part of this country to inquire about it, I will safely say that Brand Apple remains untouched, market dynamics be damned!

Note To Brands: This is how it is done!

(Picture Credit : theverge.com)

What Can You Lose If You Don’t Have Rs.200? Apparently, Your Infant!

Posted on July 26, 2012 by Runjhun

Infant Loses Life For Rs.200

Rs. 200 is less than what a burger at KFC costs. Rs. 200 is one-side fare from my home to office. Rs. 200 is so insignificant, it can’t possibly buy me a decent kurta!

But this Rs.200 took an entirely different meaning in Jalandhar where an infant lost his life just because her parents could not pay the hospital authorities Rs.200.

In a shocking turn of events in Jalandhar, a five day old infant lost her life when the Civil Hospital authorities removed her from the incubator because her parents could not pay Rs.200 to the hospital as electricity charges for the incubator.

The baby, whose father works as a painter, was born premature and died soon after she was removed from the incubator. The hospital authorities in their defence said that there was very little chance of survival for the premature baby and refused to take responsibility for her death.

This is not a a consumer issue. It the issue of degrading, depraving humanity in our midst. The hospital’s act has redefined apathy.

This case will probably never see the light of a consumer court. No hefty compensation will be awarded. The poor parents will cry bitter tears and move on with their lives. the media will create some hue and cry and then fall silent till some other baby dies in some other hospital.

Just makes me think, despite the whole hue and cry we create around consumers, there is a section of population in this country who don’t have the right to be ‘consumers’–it is the privilege of the middle class. These invisible consumers are conveniently hidden from sight for everybody-the brands, the authorities, the rest of the visible mass of consumers.

But who is at fault? To be counted as consumers, one should be counted as human-a legitimate, significant part of the society-a right and a status that people like this couple in Jalandhar have long lost in the wilderness of the affluent, civilized India!

Infant’s Life Worth Rs.200 In Jalandhar (Firstpost)

Charged Above MRP? Not Illegal

Posted on April 18, 2012 by Runjhun

The issue of restaurants and hotels charging consumers above MRP on Packaged products such as mineral water bottles has been a hotbed of various debates. While debating might be a worthwhile exercise to sharpen brain cells, the judiciary has time and again ruled in favour of restaurateurs and hoteliers on this issue.

While the Supreme Court has not had the occasion of dealing with the issue directly, its judgements in related cases have been used by the Delhi High Court and more recently Kerela High Court to maintain that hotels and restaurants can charge more than MRP while shops and retail outlets cannot.

We had covered the 2007 Delhi High Court judgement in detail here. In 2009, the Kerela High Court also ruled that a hotel in charging more than the MRP on the packet of a cigarette was not in violation of the law.

The learned judge quoted the above mentioned Delhi High Court judgement and expressed his agreement with the same. It was held that the price paid by the consumer was not the price of packet of cigarettes alone but also included the services rendered to the customer and the enjoyment of the ambience.

For the complete text of the judgement, click here

What do consumer courts say?

Consumer courts including the National Consumer Forum have awarded compensation to consumers in some of these cases.

In a judgement delivered as recently as December, 2010 by NCDRC, refund for the excess amount charged over MRP along with compensation was awarded to the petitioner consumer. The hotel’s contention that the extra charge amounted to a service charge was rejected by the forum on the ground that the computerised bill did not make a mention of any service charges separately.

The complete text of the judgement is available here.

This may be beneficial to the consumer but is contrary to the stance adopted by the High Courts. Perhaps, a Supreme Court judgement is needed to clear the air.

File your consumer complaint here.

Image from here.

Penalty charges in case of delayed possession of flats

Posted on April 16, 2012 by Runjhun

A flourishing economy, an ever growing population, favourable interest rates and ease of registration have put the realty industry in high gear. We can see housing projects at every nook and corner. This sudden spurt has led to unavailability of labour and in turn to delay in possession of property.

Generally, builders provide a specific date when they will give possession of the property. They have to pay penalty under the Consumer Protection Act and the Flat Act. Although this has not deterred them a lot because there is no real estate regulator. Builder’s used to take undue advantage of this situation.

Well, not anymore!

What am I entitled to and who should I approach?

In case of delay of possession, you can claim a refund along with interest. You should first check if your builder is a part of The Confederation of Real Estate Developers’ Associations of India (CREDAI) or something similar. They usually have a Code of Conduct by which they solve most disputes. If it doesn’t work then you should go to the relevant Consumer Court.

Interest at what rate?

In the cases of Ghazizbad Development Authority v Yash Pal Chhabra [I (2003) CPJ 165 (NC)], Girdharlal Mohanlal Gangani v Sujay Sudhakar Urchil [III (2001) CPJ 31 (NC)] and in Arun Mahadev Naik v Shashi Nandkishore Julka, [I (2003) CPJ 22 (NC)], the court has decided that the customer is entitled an interest of 18% pa on the amount of money paid for the flat. This interest will be counted from the date of possession given in the original contract.

Sale deeds around my area are all drafted by the builders and are hence biased in their favour. What do I do?

There have been cases when the sale deed is drafted in such a way that it has loopholes which allow the builder to get away with delay. It is therefore advisable to show the sale deed to a lawyer for checking it thoroughly.

A lot of people heaved a sigh of relief when in a recent landmark judgement, Competition Commission of India, in a case against DLF decided that just because a builder is in a dominant position, it doesn’t mean that the terms of the sale deed can be discriminatory.

I haven’t yet paid the full amount for my flat, I still get 18% interest, right?

No. If you have paid only a part of the amount then you will get an interest of 12% pa on it. S.K. Singhal v Vice Chairman, Ghaziabad Development Authority, [I (1995) CPJ 118]

Within how many days do I have to file my complain? What’s the limitation period?

The limitation period for such complaints is two years. Please note that the period starts from the date on which the possession is given and not on the date on which it was promised. Bhopal Development Authority v National Consumer Disputes Redressal Commission, New Delhi [AIR 2002 NOC 197 (MP)]

I filed a case. Court fixed a date for possession but my builder still hasn’t delivered. What do I do now?

Where there delay in delivery of house allotted to complainant by the opposite party even after a date fixed by court, it will attract payment of compensation. Nalinikanta Mishra v Cheif Administrator, Huda, [II (1991) CPJ 552 (555) (Haryana)]

How do they decide the compensation?

The rent that a flat would fetch at the current market rate can be criterion for calculating compensation. G. Raghupathy v K. Mangesh, [I (1996) CPJ 178]

Hey, I am a builder. I want to know that if the delay is due to circumstances which are not under my control, will I still be held liable to pay interest/compensation?

No. If the delay is due to reasons which are beyond your control and you has informed the buyers about it before their final payment then the buyer does not get compensation. Please note that for this condition to apply, the buyers should not have raised an objection when you informed them about the possibility of a delay. P. Gopala Subramanyan v Vice Chairman, Housing Commissioner, [II (1993) CPJ 624 (628)]

Food Corporation of India to compensate for not issuing pension

Posted on April 13, 2012 by Runjhun

Food Corporation of India (FCI) fined by Chandigarh Punjab consumer forum for not issuing family pension to its former manager. Fine was imposed for Rs. 15,000.

Background

A complaint was filed against FCI by Manmohan Singh resident of Chandigarh who retired from FCI as a manager in November 2007. He claimed that he was not given full benefits of family pension. Singh said, “I had retired on November 30, 2007 and was the member of family pension scheme. All formalities and application forms were filled and sent to appropriate authority before my retirement date, but they did not give me the benefits even after my retirement. I sent them a legal notice on March 2011, but to no avail. Later, I moved the consumer forum,” Verdict The forum imposed a fine of Rs. 15,000 on FCI, from which Rs. 10,000 was for compensation and Rs. 5,000 as cost of litigation. In response to the compliant filed by Singh, the defence lawyer said that the documents provided by the complainant was incomplete and he was intimidated well in time, but he failed to submit the documents, because of which his pension was stopped.

However after filing of this complaint his family pension case was settled by FCI.

Marketing of Consumer items in Standardized Packets and Weights to be made Mandatory

Posted on April 4, 2012 by Runjhun

The amendment in Packaged Commodity Rules which will make it mandatory for traders and manufacturers to sell consumer items in standardized packets and weights has been made by the Ministry of Consumer Affairs, Food & Public Distribution. Briefing the media persons after the meeting of Central Consumer Protection Council (CCPC) Prof. K.V. Thomas, Minister of Consumer Affairs, Food & Public Distribution, said that the new rules will be effected from July 01, 2012.

The Minister said that Government has also proposed mandatory standardization of many consumer items like toys, gold jewellery etc., BIS Act amendment in this regard has already been approved by the Cabinet.

Highlighting the various steps taken by his ministry to protect consumer rights and to promote consumer welfare, the minister said each state has been asked to create a Corpus Fund of Rs.10 crore with Centre’s share of Rs.7.5 crore to promote consumer welfare activities in the state. He said that States have also been requested to set up Consumer Clubs in schools and colleges to promote awareness about consumer issues and to organize regular meetings of State Consumer Council to review consumer welfare activities in their respective areas.

Prof. Thomas said that Government is very much concerned with the issue of misleading advertisement about consumer products and services, a committee is already working on it. Report of the committee is expected by the next month.

Day-long meeting of CCPC also discussed the issue of strengthening of infrastructure at consumer forums to further expedite disposal of the cases, which at the moment has disposal rate of almost 90%, need of further amendment in various provisions of Consumer Protection Act and Government support for the promotion of consumer awareness.

The CCPC is the apex body at the national level in India to review consumer protection measures and activities in the country. The meeting was attended by ministers incharge of consumer affairs from the States, Members of Parliament, representatives of Central Government, consumer organizations and consumer activists. Prof. K.V. Thomas chaired the meeting.

File your consumer complaint here.

Image Source