3 Things That Can Go Wrong With Your Vehicle Insurance And Ways To Steer Past Them.

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3 Things That Can Go Wrong With Your Vehicle Insurance And Ways To Steer Past Them.

3 Things That Can Go Wrong With Your Vehicle Insurance And Ways To Steer Past Them.

Automobile in this country is much more than a tin box on wheels meant to ferry people around. Automobiles in all their avatars are symbols of ultimate human aspiration, a tangible measure of prosperity, ambition, achievement and in several cases, the only means of livelihood. You only have to watch Rishi Kapoor’s delightfully succulent depiction of common man’s car aspirations in critically acclaimed Do Dooni Chaar to get a visual grasp of this omnipresent fact.

Obviously then, the suffering that ensues when this automobile lands in trouble soup transcends financial and physical planes for its owners, usually escalating to an almost heartbreaking turn of events. Add to it the inevitable insurance troubles and it is a perfect recipe for disaster.

We sorted out a couple of generic issues that kept repeating themselves in various forms in scores of automobile insurance related complaints that have been received by Akosha in recent times. A few of these issues can be avoided by caution, awareness, necessary research and pre-preparation; the rest by sheer stroke of luck. But, there are still courses of action that consumers can resort to seek remedy against the unavoidable issues. We give you a lowdown.

Misinformation Conundrum—Almost all automobile insurance claims are a result of accident that automatically implies involvement of local police and mandatory FIR for being able duly file any claim (unless of course you are unlucky enough to have your vehicle damaged by something as benign as a falling coconut as happened in a recently reported case. For details, see Sorting The Insurance Skeletons.

Rakesh Kumar from Patna, a consumer had approached Akosha with his complaint against Bajaj Allianz. Despite proper survey by insurer and an assurance of the claim being processed, Rakesh never got the claim amount and was informed at a much later stage that the claim could not be processed because he had not supplied the necessary documents including FIR and permit as the vehicle had commercial registration. What was striking was that the consumer was never actually informed that he had to supply this document at any prior point of time before or after the survey.

Rakesh’s case is an illustrative instance of the trouble that are borne out of sheer miscommunication or lack of information. The way out is simple—don’t blindly rely on your insurer to provide you all the information. Even if they don’t hold back information deliberately, there still may be things that may have fallen through the cracks. Research on your own and ask loads of question. As far as possible, try to secure all relevant communication in writing.

The Documentary Pain-‘ No proper documents’ is every insurer’s favorite excuse and as seen in case of Rakesh’s complaint, can easily snowball into a major issue. FIR or the lack of it is one of the most common sources of trouble in such claims. As a thumb rule in all claims arising out of accidents, an FIR is a must and securing it should be your priority, whether or not your insurer has specifically asked for it and irrespective of the nature of your claim. This is every insurer’s favorite stumbling block and it is always better to err on the side of caution.

Insurers on their very own are capable of troubles that can last a lifetime. Add police to the equation, and a consumer inferno is guaranteed. Narem, a consumer who had approached Akosha with a complaint against ICICI Lombard, got a first hand taste of this inferno when his FIR was not filed by the police for 80 days and even when it was filed, his insurer refused to process the claim on account of delay.

These are the kind of instances that actually can’t really be prevented. But if and once they happen, consumers should immediately take up the matter with Insurance Ombudsman, as their claim can’t be denied for delays that are not really their fault. Also, when opting for a policy, carefully examine the time frame within which the documents, especially the FIR has to be filed with the insurer.

Consumers’ Faults—Much as most consumers would like to disagree, the insurers are not always necessarily wrong. You would be surprised by the number of issues and claim rejections that could have been avoided only if the policy holders had been slightly more careful, read the terms of their policy and complied with them strictly.

The most basic error that leads to rejection of claims is the fact that the vehicle was being driven by a person who did not have a proper driver’s license at the time of the accident. Driving a vehicle without a license is a serious breach of law and also a serious security threat to not just the driver/owner but everyone around them. And of course, it has a more tangible repercussion as an outright rejection of the ensuing insurance claim.

Not just the driving license, the insurance claims are rejected if the vehicle is not duly registered including instances where a vehicle registered for personal usage is engaged for commercial purposes. Always abide by the rules in this regard and duly register your vehicle to avoid such issues.

The troubles are manifold but as has been illustrated, most of them can be avoided with vigilance, caution, awareness and of course, abidance with rules and regulations. For the ones that still can’t be avoided, there are Insurance Ombudsman and consumer forums.

An Interview With A Happy Customer

Mr.Dattatrya Bhosale works in the field of software development with UST Global. Recently, he had to shift from Hyderabad to Bangalore and he engaged the services of Aggarwal Goods Shifting Pvt. Ltd. for the same. Mr.Bhosale found the service deficient and approached Akosha for a quick resolution. After efforts to contact Aggarwal Goods failed, the consumer court had to be approached which declared an award in favour of Mr.Bhosale in an ex parte suit.

We decided to interview Mr. Bhosale on his experience and he had the following to say:

The Deal:

Mr. Bhosale had to move from Hyderabad to Bangalore. For the same he needed the services of a company that could pack and shift his goods to the desired location. On enquiring, someone recommended Agarwal Packers to him.  Mr. Bhosale, like most aware consumers, decided to google the company and came across the website of Aggarwal Goods Shifting Pvt. Ltd.


He contacted the company and struck a deal for shifting his goods from Hyderabad to Bangalore for a sum of Rs. 12,000. After the goods were packed, he was given a bill for more than what he had bargained for. On enquiring about the same, he was told that the extra amount was due to taxes. On negotiation, the final amount charged was Rs. 14,500 which Mr.Bhosale paid in full in advance.

The Issue:

When the goods reached Bangalore after 2 day delay, Mr. Bhosale found that a luggage bag was missing which in his estimate contained goods worth Rs. 23,000. On the company’s invoice, the value of each item to be shifted was not mentioned and the missing item was simply mentioned as ‘bag’.

Follow Up:

Mr. Bhosale reached the Bangalore address of the company only to find out that a different signboard stood there. When he enquired about Aggarwal Goods, he was ushered in the office at the same site. He was told that the value of the goods that were shifted had not been mentioned on the invoice as the goods were not insured. Besides, he was told that the company shall search for his bag in their godown and let him know if they find it. After 15 days and a number of calls and visits to the office, when he still could not get his bag, he asked the company for compensation. He was told that the maximum that he could be paid was Rs. 3000/-

The Search:

Aggrieved by the situation, Mr. Bhosale looked for a solution to the matter. He was aware that he could drag the company to consumer court but he wanted to know if there was another alternative. The internet came to his aid once again and while searching for a solution to his problem, he stumbled upon Akosha’s website.

The Solution:

Mr. Bhosale contacted the team at Akosha who were quick to grasp the problem. Efforts to reach Aggarwal Goods did not materialise. Letters were sent to the company’s Delhi, Bangalore and Hyderabad offices with three different outcomes.  The letter at Hyderabad office was not received and came back. The one at Delhi was received but there was no reply to it. The Bangalore office called up Mr.Bhosale directly and were not very polite in their communication and accused him of disturbing them.

The Suit:

As the last resort, Mr. Bhosale approached the consumer court with Akosha’s help. The case was heard ex parte as the defendant did not appear for any of the hearings. Mr. Bhosale’s experience with the consumer court was not very satisfying as he experienced a number of problems. The court did not grant him much time to argue and was told to only narrate his problem. The hearing was postponed quite a few times due to unconnected reasons like a lawyers’ strike.

The Judgement:

In absence of any evidence or testimony to the contrary, the court held that it was established that the bag was lost in transit while shifting of goods from Hyderabad to Bangalore. However, it was also held that on account of no tangible evidence as to the value of the goods in the bag and the discrepancy between packing list and the list of articles said to be in the lost bag, the value of missing goods cannot be pegged at Rs. 23,000/-The nature of the goods was held to be that of used household goods on the basis of which the value was assessed to be Rs. 10,000/-

The award:

The court decided in Mr. Bhosale’s favour but the award did not grant him the same amount prayed for in the petition. While Mr. Bhosale’s prayer for an award to compensate him for the value of lost goods was granted, his prayer for compensation for mental harassment and agony was not granted. The court ordered the defendants to comply with the award by one month from the date of the judgement. Mr.Bhosale is contemplating appealing the award.

On Akosha:

In Mr.Bhosale’s words, his experience with Akosha was very nice. His interaction with Akosha representatives reminded him of his experience of customer services during his days in Canada. He mentioned that the aid provided by Akosha was worth much more than the fee charged.

On Consumer Forum:

Mr. Bhosale was kind enough to share his experience and also provide some tips to first timers in a consumer court, in particular the Bangalore District forum:

  • The complaint can also be filed online. There is no need to visit the court in order to file the complaint.
  • The affidavit required by different district courts may differ in format. For instance, the affidavit prepared in Delhi in Mr. Bhosale’s case was not accepted in the Bangalore District Court for not being in the given format.
  • Envelopes and postal stamps to send a notice to the opposing party must be submitted with the consumer forum on the very first day. This could be a cause for postponing the date of hearing.
  • The date of the next hearing should be confirmed with the court clerk as not knowing the correct date of the next hearing can unnecessarily delay the case.

Thanks to Naman Gupta, our intern from NUJS, Kolkatta for his research and drafting of this article.

You can also get your consumer complaint resolved with Akosha. File now!

Picture from here & here

Which Right Choice magazine story on Timeshare and your Legal Rights

Which Right Choice magazine has covered the issue of timeshare properties which are sold in the form of memberships. For example, Mahindra Holidays, Country Club Vacations etc.

Here is the story on their website – http://whichrightchoice.com/timeshare/. Here is a PDF link to the full story. Hope it is useful to our readers.

About the magazine -

Which? started as an organization over 50 years ago in the UK to create awareness among UK consumers. Which? Right Choice magazine is run in India by Hill Road Media and in our personal experience, the best consumer rights/awareness/product reviews magazine for India. It is a pity that they don’t allow people to access the full content online for free.

 

 

 

 

 

 

 

 

 

 

 

 

Talking To The Devil – The Face Of Customer Service In India

Customer care people (especially the customer care girls) speak sweetly. They are ordered to not to be arrogant or get angry during the call even if the customer abuses them. Often times, they have to listen to the customer’s problem and convince him/her to continue using the product or service and make them believe that all issues will be resolved very soon.

It’s not a really nice job.

But nevertheless, as the people on the other side who suffer the interaction with these customer care folks, here are:

5 things about Indian call centers which get my goat:

1. For English dial 1: When you call them, they nicely welcome with horrible navigation of “For English dial 1, hindi me jaari rakhne ke liye 2 dial Karen” and blah… blah… blah… And then they proceed to tell you all that myriad options which they keep changing just to irritate us.

2. Your call is important to us: Yeah, right! Makes you feel like laughing, doesn’t it? First you are angry about the product or service and then they put you on this long hold and keep reminding you that “your call is important to us”.

3. Haan sir, aapki madad bilkul ki jayegi: Bhai, just help me, don’t tell me that you WILL help me. You are supposed to help me. When you ask for the solution, either they assign you a ticket which is closed without asking you or they ask to call you again and choose another department as they are not the correct department for the problem at hand (e.g. sorry sir, can you please call another number 131343 for the technical department).
4. Thank you for calling us: And after this tortured call, they sweetly let you: thank you for calling us. As if anyone in this universe wanted that call to happen. Not me, not them, nor anyone around me.

5. Sir aapka din shubh ho: First they spoil your day and then wish you a good day, a lot of times after not being helpful at all.

There is ONE exception

This is a rant as I said. I do understand that running a large voice based call center (scaling, training, sticking of processes) etc. is extremely tough. But just to tell you that it can be done without all this BS, there is a company called Justdial (which probably handles the most number of calls of any call center in India). Those guys are AWESOME and therefore there is no excuse why it can’t be done without such crappy phrases.

Conclusion

Voice based customer service in India needs to change. And it can if we expect better out of our companies.

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File your consumer complaint here.

Image credit: Google Image search

Filing a Consumer Complaint just got easier, slightly

We are unhappy with our experiences with various brands on a daily basis but still shudder at the thought of approaching consumer forums for relief. A few days back, newspapers reported that the Supreme Court (“SC”) has said consumers could represent themselves in consumer forums through “agents” and not just lawyers (see this link). This decision has made the lives of complainants a bit easier.

Now, non-lawyers can represent consumers in consumer forums

Background

Consumers across India can approach consumer forums (fast track court rooms established to hear and resolve consumer disputes instead of getting caught in legal technicalities) if they have a complaint against a brand. Consumers can either appear before the forum themselves, or use a lawyer. In addition, consumer law provided an oft-ignored provision for an “agent” to appear on behalf of the customer. An “agent” would be someone who is not an Advocate and represents the customer before the consumer forum.

As one can imagine, the Bar Council of India, which protects the interests of Advocates objected to “agents” appearing on behalf of the consumers. In India, only Advocates can “practice law”. Therefore, the question arose, whether an agent when appearing before the consumer forum was “practising law”.

The Details

The rule under scanner was Rule 4(7) of the Maharashtra Consumer Protection Rules, 2000 which states that a consumer can either appear personally or through an authorised agent before consumer forum. In the year 1997, the Maharashtra State Consumer Commission had passed an order staying the hearing of the cases where authorised agents were involved. When this order was appealed before the High Court, it rejected the order of State Commission and held that the parties cannot be compelled to hire services of an Advocate and that an authorised agent can appear in consumer forums.

The matter reached the SC finally and the SC upheld the view taken by the High Court.

The Supreme Court considered the following points while arriving at its decision:

  • The key objective of the Consumer Protection Act is the speedy disposal of consumer disputes at a reasonable cost. Therefore, the law clearly allows the consumer to appear either personally or through an agent;
  • There was no conflict with the provisions of the Advocates Act;
  • There is a distinction between Courts and Tribunals – Courts being governed by Code of Civil Procedure and Evidence Act whereas Tribunals are not ordinarily governed by these provisions;
  • Other legislation like MRTP Act, Income Tax Act, Sales Tax Act also allow non-advocates to appear;
  • There have been instances where non advocates can appear with the permission of the Court;
  • To adopt a constructive approach, the Supreme Court interpreted the provisions of the statute and the Rules in favour of the consumer;

The SC also directed the National Consumer Disputes Resolution Commission (NCDRC) to frame rules which will govern the process of using an agent in a consumer forum.

Agent’s fees

Though the intention of the SC is that an agent be a representative who is a relative or a person well-known to the complainant and therefore, does not need to be paid, it allows for a provision that an agent may take permission of the forum to receive fees. However, the SC set a limit of 20% of the disputed/compensation amount as the maximum fees that an agent may charge.

One of the criticisms is that the 20% limit could lead to more success fees basis arrangement (which is illegal in India at the moment) or that 20% of the total compensation amount can be a prohibitively high amount.

We feel that such fears are unfounded for the following reasons:

  1. only certain people can become representatives (e.g. relative, neighbour, business associate or personal friend);
  2. the agent is appearing on an individual case basis;
  3. the complainant has to agree to pay the fees. If it is too much, he might as well hire a  professional lawyer;
  4. just because you ask for high compensation, doesn’t mean you’ll get it. Most likely courts will reject it. So, a smart complainant will never agree to pay 20% of the amount claimed.

These are general directions given by the SC. The detailed guidelines will surely address this issue.

The Akosha View

This is a great move by SC as it might ease the pain of all those who can’t represent themselves or find lawyers too expensive. We feel the consumer can now help himself or get an agent now who has some experience of consumer cases, rather than a full blown lawyer – at least for simpler cases. Additional advantage is that judges are usually friendlier towards consumers/non-lawyers representing in court (at least they are given more lee way in terms of technicalities).

All in all, we believe this judgement is a step in the right direction for consumer justice.

 

File your consumer complaint here.

Now Haryana Power Department starts a 24/7 helpline

Now consumers in Haryana will be able to register their complaint and get information regarding power supply, breakdown, burnt cables, faulty meters etc. by using a 24/7 helpline set up by Dakshin Haryana Bijli Vitran Nigam (DHBVN), a company that distributes power in the area. The helpline will help to tackle the increasing number of complaints on the issue. As per a superintending engineer of DGBVN, a complaint could expect to get remedy within 1-4 hrs of registering his/ her complaint. The help line will be managed by 30 retired official who will be deployed in shifts.

For more information, see – http://www.hindustantimes.com/Power-department-empowers-consumers-with-24-7-helpline/Article1-683750.aspx

 

File your consumer complaint here.