Banks Can Recover Their Dues From Anyone Only Using Legal Means; Not Through Threats And Harrassment.

Posted on June 28, 2012 by Runjhun

I bought a used car from a well known used car dealer in Chandigarh on November 1, 2011. I had paid Rs. 50,000/- as advance payment to the dealer. At the time of making down payment, the dealer promised me that I would get the car delivery in a day or two but it has been more than a month and I am yet to receive the car. The dealer is postponing the date of delivery and also not refunding my money.

Ms. Pinki Soni, Chandigarh

Ans: Hoping that you have taken a receipt for the advance payment made, we advise you to send a notice to the dealer stating that either the dealer should deliver the car at the earliest or refund your money. In the mean time you can also seek help from the local police if the dealer is not responding to your problem. If none of the above works, you can file a case against the dealer in the Consumer Forum.

I had availed personal loan worth Rs. 90,000/- from a reputed bank. I regularly paid the installments and have paid off Rs. 85,000/-. However my last installment was pending as at the time of paying the installment, I met with an accident and could not adhere to the payment deadline. However, I paid the remaining installment along with interest charged by the bank and cleared the entire loan amount in 2010. However from past one month, I am receiving calls from the bank’s recovery agents asking me to pay the remaining installment with interest for past one year.

Mr. Arijeet Sanyal, Panchkula

Ans: Mr. Sanyal, there is no need to worry as you have already paid off the loan. Write a letter to the bank stating the facts of your case and attach the proof of last installment paid along with the letter. Getting calls from recovery goons can be really taxing and that too when you have made the payment. In recent case, Archana Gorivale had to deal with continuous threatening calls; despite paying most of her installments on time. The Mumbai District Consumer Forum reprimanded CitiFinancial for resorting to illegal means to recover loan money from her. The forum held the company guilty of deficiency of service and said if any amount was due from anyone; it could be recovered only by using legal means.

I have taken membership of a club by paying Rs. 40,000/- as advance money in November 2010. The total membership fee was Rs. 1.5 lakh rupees. I wanted to make the balance payment by monthly installments. The company agreed to the scheme suggested by me and I was supposed to pay the balance money by paying Rs. 9200/- for 12 months starting from December 2010. For some personal reasons, I could not start paying from the month of December 2010. The club authorities sent me a mail in March 2011 asking to pay the money otherwise my membership would stand cancelled. I was busy and could not revert to their mail. Now when I contacted them, they said my membership is cancelled and I won’t get refund of the money paid as per their agreement clause.

Mr. Samuel Patrick, Chandigarh

Ans: Mr. Patrick, at the time of enrolling for club membership, it was your duty to read terms and conditions of the agreement. Also the company had contacted you to remind you about the balance payment due from your end. The company gave you enough time to decide whether you wished to continue the membership. However you failed to convey your intentions to them, hence there are chances that you may not get advance money from the club. Nevertheless write to the club stating your difficulty in communicating with them and try to get your money refunded or make the balance payment and get yourself the club membership.

Hotel Management Is Right In Charging Over And Above The MRP For Packaged Food Items.

Posted on June 13, 2012 by Runjhun

I bought a Maruti Zen Estilo from Sweety Sales in July 2011. The dealer has till date not registered the car in my name. I am driving the car for past 2.5 months on temporary registration number. Due to which I cannot take my car for long drives. What are my chances of dragging the dealer and Maruti to consumer forum?

Mr. Sukhvinder Ahuja, Panchkula

Ans: The Company is not obliged to register a new car with the RTO. It is an extra service provided by the Company. Mr. Ahuja, you will have to approach the RTO for registration of your car. To register the car RTO may ask you for following documents:

1. Sale certificate issued by Sweety Sales,

2. Road-worthiness certificate issued by the Company,

3. Attested copy of a valid vehicle insurance policy,

4. Proof of address and identification,

5. Print of the chassis number and such other papers as may be needed.

In addition, customer will be asked to submit one-time road tax and the required registration fee. The vehicle will be physically inspected by the Inspecting Authority and a unique Registration Mark assigned to the vehicle for display thereon.

On November 2, I took my gang of friends for dinner at Koyla restaurant. The restaurant charges Rs. 50/- for soft drinks. The actual MRP of the soft drinks is Rs. 25/- (as written on the bottle). When questioned, the management said that this practice of charging more than the MRP is followed throughout India. Is it true? And if it is, why is it so?

Ms. Minal Rathod, Chandigarh

Ans: The hotel management is right in charging over and above the MRP for packaged food items. The Chandigarh Consumer Forums have given judgment stating so. The reason is that the hotel can charge for services provided by it like the ambience, serving food, music etc. However if the menu card states a price which is different from what is actually charged to you in the bill you can file a complaint against the hotel.

My wife gifted me an expensive Esprit watch. I have hardly used the watch for over a month and had to send the watch back to the company for servicing as it would suddenly stop working. Although the watch is repaired, I do not trust the Company anymore and want replacement for the watch.

Mr. John Mathews, Chandigarh

Ans: Mr. Mathews, you have the full right to get your watch as it is still under warranty. You can write a formal letter to the Company asking for replacement of the watch. Or you can route your complaint through us as we may be in a position to talk directly to the higher authorities of the Company.

If you want our experts to advice you on your consumer queries, write to us with your questions at runjhun.noopur@akosha.com.

You Can’t Claim Insurance If Driver’s License is Invalid.

Posted on June 7, 2012 by Runjhun

I had applied for subscription in a scheme offered by UTI. The essence of the scheme was that the sum of money deposited with the UTI would grow 21 times in 28 years. However later, UTI extended the maturity date by two years. Can I approach a Consumer Court?

Mr. Rohit Verma, Haryana

Ans: Extending the term of the scheme all of a sudden after the scheme has been launched, is not ethical on part of UTI. People have invested in the scheme based on its features, and hence such interim change in it amounts to “Deficiency in Service”. Mr. Verma, you can seek relief in Haryana consumer forum.

My car met with an accident. The insurance claim was rejected on the ground that my driver was not holding valid driving license. Should I approach a Consumer Court for seeking the Insurance claim?

Mr. Akhilesh Sargam, Jalandar

Ans: Mr. Sargam, the Consumer Court will not be able to grant you relief since the driver employed by you did not have a driving license. You were bound by law to check the driver’s license before appointing him and the fact that the driver was driving without license will debar you from claiming the Insurance Claims. We highlighted this issue in this week’s Quick Tens 10 Things You Ought To Know About Insurance.

I am a retired State Bank employee and it has been over 7 months that I have not received my pension. Please advise me as to what should I do?

Mr. Arvind Sahai, Mayur Vihar

Ans: Mr. Sahai, we advise you to file an RTI with the Public information Officer of the Provident Fund Office to seek information as to what is the status of your pension case. If you do not hear from them or if the response is not satisfactory, you can approach the Consumer Court.