Shoe Troubles! Bata To Pay Compensation For A Torn Pair Of Shoes!

Posted on December 11, 2012 by Runjhun

complaint against Bata Shoes, to pay compensation for torn shoes

Could you claim compensation for a pair of torn shoes?

Incredibly, the answer is yes! And that too, here in our country itself and not some over litigated haven like United States.

This is a piece of news that shall come as joy for shoe-lovers in the country!

When a Bangalore based consumer H. S Madhumati’s brand new pair of Bata shoes purchased from its retail outlet were torn within 3 months against the 6 month warranty for the product, she could have grumbled, cursed and moved on like most of us in her place would have done. She, instead, decided to do something about it and filed a complaint in the consumer forum.

Madhumathi tried to get the shoes replaced from the outlet as per the warranty as the shoes were irreparable. But, was refused by the manager. She then filed a complaint with the consumer court. Notices were sent out but neither company nor the outlet responded.

The forum held the company liable towards the consumer and directed the company and the manager of the outlet to replace the shoes of the same model, which is free from any defect, to the complainant. In the event, that particular model of shoes are not available, the store/company have been directed by the Forum to refund the amount of Rs 999 with interest at 12% p.a. from November 16, 2011(when a legal notice was sent to the company) until actual payment. The Forum has also directed the company and the store manager to pay a compensation of Rs 2,000 to Madhumathi Bai by December 15.

Bata asked to compensate customer for torn shoes (Times of India)

(Picture Credit: topnews.in)

Appalling! Today Group’s Bagittoday Refunds Payment For Fake Diamonds Only Upon Issue Of Arrest Warrants!

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Posted on September 12, 2012 by Runjhun

Complaint against Bagittoday and Today Group, Consumer Gets Refund For Fake Diamonds

Tadka Take

Appalling stories of cheating brands are fairly common in our world. What is rare is a fascinating story of a consumer who fights for his rights and sees the end of it, without giving up at any point.

Anything which involves courts, judiciary or related rigmarole is a strict no-no for most people in this country. And consumer forums, by virtue (or vice) of belonging to this family seem to have inherited this untouchability. This despite the fact that consumer forums by far are the most friendly courts in the country with probably the simplest procedures.

As the general hangup continues to haunt the consumer world in the country, it is heartening to come across consumers who were willing to look beyond the perceived hassles and actually take up an issue is the forum with a successful outcome.

Mr. Navindu Singla, was one such consumer, who with a little help from Akosha, ended up securing his due and his rights.

Consumer Story

Mr Singla has been a regular subscriber of India Today for the longest period of time. Loyalty richly rewarded, he received a call from a Today group executive, stating that he was their “premium” customer and has become eligible for an offer under hich Rs. 30,000 worth of diamonds were being given out for half their price, that is, 15000, through its entity Bagittoday.

An offer too good to refuse, and also relying on the reputation that Today group and consequently, Bagittoday enjoys, Mr. Singla, immediately made an online payment for the same. The diamonds arrived along with some free gifts that were approximately worth Rs. 3000 or so.

However, when he got the diamonds checked, much to his horror and dismay, he found that the diamonds were actually fake, with a worth of not more than Rs. 500.

Appalled at being cheated, he immediately called up the Bagittoday’s customer care, demanding a refund as per their policy. As expected, he was greeted with a very rude response, saying that he can’t buy or refund the stuff at will.

In Mr. Singla’s own words, he wasn’t really flustered by the monetary loss. But what really bothered him was rudeness and nonchalance with which the staff of a reputed group like Today behaved with its customers.

This was the point where he came across Akosha. Akosha sent out a letter to the group to no response.

A complaint then filed with the consumer forum. Despite repeated notices, the Group chose to ignore the proceedings and did not make an appearance. An ex-parte order was then passed, ordering the Group to refund the entire amount.

Ironically despite the order, the neither Bagittoday nor Today Group responded. It was at this point, a really and justifiably annoyed Singla, in consultation with Akosha, sought the execution of the order and got non-bailable warrants issued against the CEO of the group.

This extreme step finally evoked a response and the company’s lawyer got in touch with Mr. Singla, which was promptly followed up by payment in full. The flustered Today Group did not even bother to take their stuff back before refunding the amount, leaving a relieved Singla with both money and goods (not that diamonds were worth anything but there were also some other gifts, which at least had some value).

Tadka Take 2

There are a couple of remarkable highlights in this story. The first one being the universal fact of reputed Brands cheating/harassing/tormenting their consumers–as an acceptable routine, with a discomforting nonchalance. When someone like Today Group resorts to consumer harassment, it is disturbing at more levels than one.

But then again, going by the number of complaints that flood our elder siblings at Akosha against Bagittoday, it doesn’t really look like Today Group takes its reputation too seriously.

The second and the more important point here was unruffled mistreatment and mis-behaviour by company personnel. Last we checked, customer care reps by job description are supposed to be polite.

But then, may be we reside in different worlds.

And it is this rudeness which irks most consumers (as Mr. Singla also pointed out) more than the actual loss or act of cheating.

Now, only if companies realized how effective polite customer care could be in cutting down their litigation costs.

Highlights aside, the moral of this story is fairly simple–Consumer forums do work, if approached right and with conviction. There is help out there, only if the consumers were willing to step up and claim their rights.

Stop shoving the issues under the carpet just to avoid some inconvenience. Raise your issues because unless you do that, there is no hope of them getting resolved as they deserve to be.

Beware! Consumer Forums Can Bite, Says Kerala High Court.

Posted on August 14, 2012 by Runjhun

Beware! Consumer Forums Can Bite, Says Kerala High Court.

Consumer Forums are the rather “bechara” lot of courts, at least by public perception. This despite the large number of complaints that are actually redressed by the Kerala consumer forums across the country and also that the consumer forums are by far one of the most hassle free judicial bodies in the country.

One of the hardest tasks that we have is to actually convince consumers that approaching consumer courts does amount to some good. While we do not deny that consumer courts are not as effective as they should ideally be. But then, this is India and since when have we started expecting things to be actually ‘perfect’! The consumer courts are up to some good and that for the moment should at least be given due credit.

Reiterating what only the lawyers seem to believe so far, Kerala High Court has ruled that consumer courts can exercise powers similar to those conferred on judicial first class magistrate courts, and even conduct trials to ensure compliance with their orders. It was also held that this is already clear in the Consumer Protection Act of 1986 and no separate conferment of powers by the government by notification or otherwise is required.

The court clarified that consumer forums/courts could indeed act summarily and didn’t require special sanction from the high court. It was also within the purview of forums to follow their own procedures in consonance with the Criminal Procedure Code regarding imposition of penalty.

Consumer Fora Has Teeth (Times of India)

Want To Carry Extra Luggage? Travel By Air India And Bribe The Staff.

Posted on August 1, 2012 by Runjhun

complaint against Air India, to pay compensation for asking for bribe

Talk of airlines and it is all same old same old. Some lost baggage, some lost passenger-throw in some misbehaving staff and the pot-pouri of erring airlines is ready.

But this was different, with some tinge of innovation. Airline staff asking for bribe, now that is how Indians “do it”.

Apologies Nike!

Air India can set standards when it comes to aviation malpractices. This time, in true blue desi style. After all what is an Indian minus the bribe.

So, a staff member at Air India demanded bribe from a student leaving for Singapore to allow him to carry extra luggage. Civil Aviation Ministry tendered an apology for the occurence of this unfortunate event, a fact which according to the New Delhi District Consumer Forum established the fact that there was deficiency in service on part of the airline which should have been more courteous and sympathetic to the consumer who was a student. An essential point to be noted here is the fact that Air India does allow extra luggage for students.

The forum ordered Air India to pay a compensation of Rs. 35000 to the aggrieved consumer.

We applaud such relentless consumers who refuse to be bogged down and assert their rights fearlessly.

Bribe Compensation Air India To Pay 35K (Indian Express)

Twist In The Plot! PVR To Pay Rs. 10,000 For Last Minute Change Of Movie.

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Posted on August 1, 2012 by Runjhun

Imagine booking a ticket for a Karan Johar magnum opus and be treated with Ram Gopal Verma Ki Aag!

Shudders!

I do not intend to offend RGV lovers or Karan Johar haters. Of course, booking a movie ticket to watch a Benegal classic and being treated with heavily embellished Johar cryfest can be equally tormenting.

Bollywood is distracting. But, we will get back to the point.

So the nightmarish scenarios described above are not tools for masochistic pleasure, ode to RGV notwithstanding.

Note to self: Always remember, this is a family platform.

Diversions aside, the above scenario did come true for an aggrieved consumer in Delhi who booked a ticket for the movie Bas Ek Pal but upon reaching the cinema hall, was informed that the there has been a last minute replacement of the movie and Bas Ek Pal was not playing at the scheduled time. The consumer forum promptly filed a complaint in the consumer forum, which slightly less promptly (remember when Bas Ek Pal was released..umm..well remember, it was released), ordered PVR to par Rs. 10,000 as compensation to the aggrieved consumer for the inconvenience and disappointment suffered by her.

Interesting choice of words. Can’t imagine the extent of disappointment one would suffer if forced to spend one evening without one’s favorite movie.

But sarcasm aside, a consumer is a consumer and any brand which makes a promise is bound to deliver. It cannot cause inconvenience to its consumers on any account and get away. An important outcome of a such a verdict is also the recognition of the fact that people who watch movies in a theater are as much a consumer as any other industry-a fact which brands like PVR need to realize promptly and well.

PVR To Pay Rs. 10000 For Last Minute Movie Change (IBNLive)

Pic credits – Creative Genes

Harassing Builders Strike Again! Consumer Forum Rules Against Builders In Two Separate Cases

Posted on August 1, 2012 by Runjhun

Defiant Builders, Consumer Forum Strikes Again

Complaints against builders strangely always remind me of the 70′s movies where the villains held the poor heroines/mothers/sisters to ransom in dingy, under construction structures while they waited to be beaten up by the strappy heroes.

I know how it sounds but I really didn’t imply that builders are villains and consumer forums, the strappy heroes. Didn’t primarily for two reasons-one, consumers are way less glamorous and way more harassed than the kidnapped heroines who always had their saviors in sight (unless of course they were wimpy sister kinds whom the directors loved to torture) and two, the strike rate of the consumer forums can never match the strappy heroes.

But of course, consumer forums dostrike and strike hard plenty of times just as they did in these recent cases.

Delhi District Consumer Forum Orders Builder To Refund Booking Amount

Delhi District Consumer Forum, while hearing a complaint against Unitech Ltd., a leading real estate company, held the company liable for arbitrarily increasing the rate of the flats and refusing to refund the advance upon cancellation of booking and ordered it to not only refund the booking amount (over 6L) but also pay a fine of Rs. 15000.

Consumer Forum Orders Buyer To Recompense (Common Floor)

Complaint Against Builders (Falsa Construction) For Incomplete Flats

Mumbai Maharashtra Consumer Forum ordered Falsa Constructions to either finish the project or give another flat to the aggrieved consumer. In an admirable stand, the forum observed that ordering the builders to the refund the money deposited with the builder in 2005 and pay an interest as high as 18 percent will also not enable the aggrieved consumer to buy a flat at current rate and hence, ordered the builders to bear any additional cost in acquiring the flat elsewhere for the consumers.

Finish Building Now Or Give New Flat (Pune Mirror)

An admirable stance by the forum, nailing the ground reality of delayed handover of possession which goes way beyond physical inconvenience. The forum has reiterated a fact we have always stressed a

nd highlighted- that in all such cases, the financial repercussions are borne by the consumer alone.

As more such cases stumble out, the need for a Real Estate Regulator becomes more and more urgent. Only if the authorities were to pay heed!