Road Junkies Alert! Paying Heavy Toll May Soon Become History!

Posted on January 22, 2013 by Runjhun

Government proposal to cut down the toll tax on highways and bridges drastically (Picture Credit: Amit Kulkarni)

What is the worst thing about travelling via highways in India?

Well…toll, of course!

The national highways in India are marked by the periodic, dingy looking booths that seem to charge you almost whimsically for travelling by road. While there is definitely a method to this madness, the toll tax being used for maintenance of the roads, it hardly is a justification enough to quail the fact of this practice being fairly annoying–especially when the road in question hardly seems to have any trace of the promised maintenance.

The actual logic behind tolling is recovery of project investment. But more often than not, full tolling is continued for the bridges and road stretches, long after the investment has been fully recovered.

The Government is all set to curb this practice and is proposing to to put a maximum 30-year cap on charging toll at full rate on any national highway stretch built with 100% government funding. The proposal also implies that after 30 years of tolling on any tolled highway the user charge would reduce by 60%. In case the investment is recovered early, the toll charge would become incrementally less.

Another good news in the same vein is that Government has planned to award the widening of at least 8,000km to two-and-half lanes (10 meters) over the next three years. As per the proposal, all these stretches would be brought under tolling. The 30-year cap on charging full toll would be crucial for many of these stretches.

Why not do away with toll completely once the investment is recovered? According to a Finance Ministry official, reduced toll collection is necessary for maintenance of roads.

Yeah! Of course. We wonder why we’d even ask!

Soon, paying toll a thing of the past (Times of India)

SUV Troubles! Manufacturer To Pay Over 50K For Selling A Defective SUV.

Posted on December 6, 2012 by Runjhun

Complaint Against Hyundai SUV; To Pay over 50K As Compensation

Consumers buy vehicles for ride; not to be taken for a ride by the manufacturers.

Sadly, this minor detail conveniently escapes the notice of the manufacturers.

This time, its the tale of of an SUV and consumer’s heartburn.

A consumer from Chandigarh had bought an SUV after paying over 24 lakhs as its price and insurance premium in June 2011. Within a month from its purchase, when the consumer was on a trip with his family, the AC ducts inside the SUV started releasing toxic diesel fumes and immediately afterwards, the engine also stalled. The brakes and power steering of the vehicle stopped working due to which his son lost control of the car and this situation put him and his entire family in mortal danger as they were going downhill on a narrow, steep and very busy Shimla road.

The consumer sought a refund or a replacement with similar warranty coverage from the manufacturer, Hyundai Motors, which was never provided. The consumer hence filed a complaint with the consumer forum.

The State Consume Disputes Redressal Commission directed Hyundai that the vehicle be repaired or its defective parts replaced under the warranty policy to make it roadworthy. The commission also directed the payment of Rs 50,000 as compensation to the complainant and Rs Rs 10,000 as costs of litigation.

Consumer court orders auto firms to compensate man for SUV malfunction (Indian Express)

Kudos! Honda Cares For Its Consumers, Recalls Bikes For Defective Brakes.

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Posted on November 20, 2012 by Runjhun

Honda Recalls 11,500 CBR 250R Due To Defective Brakes

Right at the outset of this story, we must say that its heartwarming to see a Brand care for its consumers and for that alone, we commend Honda for its thoughtfulness.

For reasons, read ahead.

There is a bad news!

May be there is not!

It depends on whether you have purchased a Honda CBR 250R between March 2011 and September 2012. Also depends on your affinity for accident prone vehicles.

You guessed it right! Honda has recalled 11,500 CBR 250R bikes in India which were produced from March 2011 to September 2012. The reason cited for this is a possibility of limited ineffectiveness in front brake application, though this concern doesn’t impact the overall braking functionality and effectiveness of front and rear brakes under normal riding conditions.

Honda and Scooters India Ltd., in its statement has stated that this is a one of its kind voluntary move by any two-wheeler manufacturer in India and is in consonance with its global commitment to provide maximum customer satisfaction and highest quality products. Honda will rectify the problem free of cost, irrespective to the warranty status of the vehicle.

The company have started informing customers from Monday.

In a country mired by two-wheeler accidents that multiply at an exponential rate every year, this kind of pro-activism on part of a two-wheeler manufacturer is really and truly commendable!

Honda recalls 11,500 CBR 250R bikes in India (Times of India)

(Picture Credit: Ultimatemotorcycling.com)

Enjoy! Says Consumer Forum. Orders Goan Bike Maker To Pay 10K For Loss of Enjoyment!

Posted on November 20, 2012 by Runjhun

complaint against bike maker, consumer forum orders a compensation of 10K

Goa and enjoyment have been synonymous ever since Farhan Akhtar said so in Dil Chahta Hai!

And now, over a decade since the release of the movie that immortalized Goa as ‘the’ destination, a consumer forum too has validated the claim!

We love this story…for consumer forum’s sense of humor, however unintentional.

A consumer in Goa found himself in deep trouble when he noticed a manufacturing defect in his bike right from the time he purchased the two-wheeler manufactured by Madras Auto Service (MAS TVS). There was constant “misfire” especially during its use for long-distance travel, he stated. Despite free servicing provided by the two service centers at Margao and Panaji, the defect couldn’t be rectified, prompting the complainant to conclude that the defect was “inherent”.

When despite repeated attempts from the consumer, the issues could not be rectified he filed a complaint. While disposing the complaint, South Goa District Consumer Forum though agreed that the consumer could not prove his complaint through any expert evidence and MAS cannot be held liable to replace the entire vehicle.

However, the forum also observed that the state of mind of the consumer must also be taken into account along with the hopes he attaches to a new vehicle, expecting it to be trouble free.

And of course our favorite part where the consumer forum held the opposite parties liable to pay a compensation of Rs.10,000 to the aggrieved consumer for “mental agony and loss of enjoyment!“

This is rare if not a first where a consumer forum cited loss of enjoyment as a reason for awarding compensation to the consumer with respect to an issue that is not exactly related to entertainment industry.

Consumer panel directs repair of ‘defective’ bike. (The Times of India)

Arrest Warrant Against Mr. Ratan Tata! A Car Did It! A Consumer’s Victory Against The Mighty Tatas.

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Posted on November 9, 2012 by Runjhun

arrest warrant against Ratan Tata, the car that started it all!

Arrest warrant against Mr. Ratan Tata on a consumer complaint!!!

This is a remarkable landmark in the field of consumer dispute litigation and indeed a consumer victory worth a dramatic celebration!

And Consumer Tadka is proud to have been following this story from its very inception and is even more proud to be amongst the first ones to report this awe-inspiring consumer victory!

It wasn’t long ago when we featured Chetan Gill’s story of his triumph over Tata Motors and its authorized dealers in Chandigarh. Chetan’s newly bought Tata CS had begun creating serious troubles within a month from its purchase, which could neither be identified nor rectified despite repeated visits to the workshop. A complaint was filed with the Chandigarh consumer forum and both the Chandigarh District forum and the Chandigarh State Commission held Tata Motors and the dealers liable towards the aggrieved. (Read full story Bumpy Road! Tata Motors’ Consumer’s True Tale Of Victory Against Harassment, Delay And Denial!).

What was significant in this verdict was that the State Consumer Commission not only ordered Tata Motors to pay a compensation of Rs.60,000 to Chetan but also repair of all the defects in the car and if the defects are not removed to the satisfaction of the complainant then refund of full price of vehicle without taking any depreciation into account.

As we had reported, Chetan promptly received the compensation of Rs.60,000 from Tata Motors. However, the defects in the car were not rectified to Chetan’s satisfaction even though the car was kept at the workshop for 7 days and Chetan repeatedly brought the defects to the notice of the workshop. Even though the defects were not rectified, Chetan was not refunded price of the car as directed by the Consumer Commission.

Relentless Chetan filed an execution petition with the District Forum contending that Tata Motors and their dealers, Joshi Autozone were liable to pay him Rs. 4, 80, 573, the price at which the defective car was purchased along with an interest payable at the rate of 12% from January 17, 2011. Tata Motors contended that the defects had been repaired but the forum concluded that there was nothing on record (job card etc.) to show that any action was taken to rectify the defects that were found in the car. Hence, rejecting their contention, the forum found Tata Motors and their dealers liable to refund the full cost of the vehicle, to the tune of over 4 lakhs to Chetan.

This was not all. What is most remarkable about this verdict is that forum found Tata Motors (represented by Chairman Mr. Ratan Tata) and the dealers guilty of violating the orders issued by State Commission, hence liable for punishment under the Consumer Protection Act. Warrants of arrest were issued against the erring parties, requiring their presence before the forum on November 26 when the quantum of this sentence would be decided.

And now, Chetan awaits the spoils of this well-deserved victory!

Bumpy Road! Tata Motors’ Consumer’s True Tale Of Victory Against Harassment, Delay And Denial!

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Posted on October 8, 2012 by Runjhun

complaint against Tata Motors, to pay 60K as compensation for mental agony-true consumer story

Important: We are running this story against Tata Motors because it embodies 2 very important burning issues when it comes Brand behavior in instances of consumer complaints-(1) Stalling attitude to frustrate the crusading consumer and wriggle out of the issue (2) Not abiding by the consumer forum awards, in part or in full, unless forced through execution orders and/or threatened with arrest warrants.

Tadka Take

We have always maintained that cars and automobiles are the ultimate symbol of human aspiration in this country. by implication, the issues involving cars also end up symbolizing and encapsulating the bulk of issues faced by consumers in the country.

When Chetan Gill, from Chandigarh approached us with his story, we initially thought it to be one of the consumer forum triumph stories that we routinely cover. However, as we talked to Chetan, we figured his case was way more layered, capturing a lot of nuanced issues that were relevant to consumers of all sectors in general and not just automobile consumers. Chetan pointed out concerns that we had been highlighting for long, albeit Chetan’s concern were more weighted as they derived from his first-hand experience with the consumer forum.

Below is a brief background of what happened in Chetan’s case.

Consumer Story

Chetan had intended to buy a Tata CS from an authorized Tata Motors Dealer, Joshi Autozone in Chandigarh. Upon recommendation from the dealers that a Dicor engine is better than TDI, he bought a car in June 2008, with a warranty extending upto December 2009.

The car began troubling Chetan in the first month itself, emitting abnormal noises and stalling when the air-conditioner was switched on. A complaint was lodged with Tata helpline and it was only after that the dealer, Joshi Autozone agreed to examine the car. They, however, failed to either identify or rectify the fault. It was evident that there was a manufacturing defect in the product which had been sold by Tata Motors and their dealers.

When Chetan filed a complaint, Tata Motors refuted the claim of there being any manufacturing defect. Car was declared defective from the first month of its purchase and had gone to the workshop on at least 15 occasions and was also examined by an Expert Committee of Punjab Engineering College as ordered by the District Forum which had listed the multifarious defects. The Chandigarh District Forum awarded Rs.20,000 as compensation for mental agony and harassment.

What happened after this point is what makes this particular case interesting from Brand behavior perspective. Tata did not go into appeal, either hoping to resort to the age old stalling tactic to wriggle out of the trouble or happy to be let off lightly.

Relentless Chetan, however, went ahead and filed an enhancement appeal and the Chandigarh State Commission modified the District Forum’s award, ordering compensation of Rs. 50, 000 for mental & physical harassment, litigation charges of Rs. 10,000 and most importantly, repair of all the defects and if the defects are not removed to the satisfaction of the complainant then refund of full price of vehicle. What is even more appreciable is the fact that the refund was supposed to be in full, not taking into account any depreciation in the value of the product.

Tadka Take 2

As of today, despite Chetan’s victory in State Commission, Tata is yet to fulfill the later part of the award, that is repair the defects or refund in full. Cheatn is determined to see the end of this and is planning to opt for execution of the awards and get warrants issued against concerned Tata personnel if required.

Selling a defective product in itself is problematic, a cardinal error for any Brand, especially if it is as reputed as Tata. But. such instances could still be forgiven, as instances of human error, only if Brands were gracious enough to accept their mistake and take measure for its immediate rectification. In most such cases, what bothers us much more than the actual issue is the attitude of the Brands towards the aggrieved consumer. Stooping to stalling tactics in a bid to frustrate and get rid of the aggrieved consumer, is a fairly common and despicable practice among most Brands. Extremely disappointing when consumer happiness is supposed to be supreme for any responsible Brand, worthy of its reputation.

What has also become an extremely disturbing trend, going by the complaints that we get, is Brands avoiding to abide by the award of the consumer forums unless forced through execution orders and warrants. As was seen in this case, where Tata followed the award but only partially, stalling the rest. This is pure disrespect, not only towards the consumers but towards the legal system of the country. Brands really need to introspect and stop considering such cases as one of instances or aberrations. Trying to avoid a legal decree is serious misconduct and any Brand that chooses to indulge in such a practice is severely jeopardizing its credibility in more ways than one which may come back to haunt them when they would be least expecting it.