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Appeal to the State Commission against District Forum Order

July 15, 2013 By Legal Solutions

An appeal can be filed with the State Commission of respective state within 30 days of the receipt of order of District Forum.

Checklist made available by a State Commission Office: 

1. Three sets( for court) and all opposite parties.

2. District forum order copy in original.

3. Case Summary.

4. Within 30 days from date of receipt of District Forum.

5. Condonation of delay ( if crosses 30 days).

6. Memo of parties with address.

7. If advocate, Vakalatnama.

8. Pagination 1 to last.

9. Attach FDR Photocopy to appeal: In favor of Registrar, State Commission/ State Consumer Disputes Redressal Commission and should be drawn On a Nationalized Bank and should be for a Minimum period of 1 year.

10. Index containing

  • Memo of parties
  • Appeal
  • District Forum order original
  • Condonation if delay with affidavit(if cross 30 days)
  • Annexures
  • Vakalatnama

Filed Under: Consumer Guide

Complaint regarding IRCTC refund

July 1, 2013 By Legal Solutions 24 Comments

Dear Sir, I had booked 4 tickets from NewDelhi- Chennai Central in Rajdhani Express travel date 10th May’13 but unfortunately only 1 ticket got confirmed in RAC after chart preparation and other 3 were in waitl ist out of 4 due to that all 4 passengers could not travel as it was a long journey and we had 2 old couple out of which 1 was sick. I had filed TDR for that on the same date before train departure but inspite of so many calls to customer care and mail to etickets@irctc.co.in,there were no response. And now when i checked TDR status online through IRCTC,it is showing message like “As per Amendment in Refund Rules , No Refund is applicable in your case. “though new refund rule should be applicable to the booked tickets after 1st july not in mine case as it was filed 2 months back.and as per the old rule,wait-listed ticket made through online should get automatically cancelled and amount should get refunded. PNR No:2717935053 Transaction ID: 0684136828 Here i am feeling helpless and so seeking help from the consumer forum. Please look into the matter and help me for my rights.

Filed Under: Consumer Complaints, Railways

Hindu: Student sues company over ‘racist’ crayon

June 9, 2013 By Legal Solutions

A 19-year-old law student has filed a complaint in the consumer court against one of the country’s largest stationery manufacturers over a stick of wax crayon that he found racially offensive. The crayon, which is labelled ‘skin’ by the manufacturer, is a shade of pink or peach and distinctly representative of white skin.

A freshman at the National Law School of India University, Chirayu Jain, has demanded compensation of Rs.1 lakh from the manufacturer for hurting his sentiments. He also sought a payment of Rs.9 lakh to the Consumer Welfare Fund, while demanding that the company “refrain from projecting such racist ideas” through its products.

The crayon that offended Mr. Jain is manufactured by Hindustan Pencils Ltd. under the brand name ‘Colorama.’ The company, established in 1958, also manufactures such iconic brands as Nataraj and Apsara pencils.

In his complaint to the (Bangalore Urban) Consumer Disputes Redressal Forum on Tuesday, Mr. Jain said, “On opening the box, I discovered that the ‘special skin crayon’ was of a shade that did not match my own skin colour. This can only be explained by the fact that the ‘special skin crayon’ which is part of the product is either defective or labelled misleadingly or both.”

He terms as “extremely insensitive and inconsiderate,” the act of the company to label one particular shade as ‘skin colour’ in a market, where a majority of the consumers have skin tones that are either dark or at least different from the shade described as ‘skin’ by the company.

Read More @ http://www.thehindu.com/news/national/student-sues-company-over-racist-crayon/article4792263.ece

Filed Under: Consumer Cases

Consumer Complaint Filing Tips

June 8, 2013 By Legal Solutions

Some important points to be kept in mind:

  • You can file a complaint before a consumer forum, only if you are a consumer, not if the transaction is business related
  • Give notice in writing to service provider for him to rectify his faults; give one month notice
  • Approach District Forum if claim amount is up to Rs 20 lakh, State Forum if between Rs 20 lakh and Rs 1 crore and National Commission if more than Rs 1 crore
  • Complaint must be filed within 2 years of the cause of action (grievance)
  • Complaint should be typed, double spaced, with at least one-and-a-half-inch margin on all sides
  • Arrange the complaint in the following order and number all documents
  1. Index giving the page number(s) of each document
  2.  Complaint giving details of the grievance, preferably in chronological order, ground on which relief is claimed and the relief amount
  3. Complainant should sign the Complaint
  4. Either appear before the Forum yourself or ask a close relative or an advocate to do so
  5. If an advocate is to appear, enclose a Vakalatnama; your advocate does all paper work and attends the hearings
  6. If close relative is to appear, enclose a letter of authority
  7. Affidavit that the contents of the complaint are true
  8. Copies of documents that support your case
  9. Submit one original and 2 xerox copies of the complaint; if admitted, submit as many copies as the number of opposite parties

Source: http://www.business-standard.com/article/pf/are-consumer-courts-friendly-enough-113021000984_1.html

Filed Under: Consumer Guide

VACATIONS FRAUD

April 9, 2013 By Legal Solutions 18 Comments

Dear Sir/Madam, I have completely paid my Membership fees via Cash to Mr. Sai in the month of Dec’12 and he gave me receipt also. But he paid to vacations in the month of Feb’13, nearly 75 days late after receiving money from me. He told in Dec’12 that i will receive my Membership cards & Policies by the 20th of January 2013.But i didn’t receive.When i call him he told ,e he will send me within 20 days.These goes like this till april’2013.
Till now i have not received my cards nor my policies.I have maid many calls & complaints to vacations Begumpet,they told me i will receive in 20-30 days.But,no result till now.At the time of purchasing membership,Mr.Nisar told me that i have to bear registration charges for Land.But on 28/03/2013 i got a letter from vacations that i have to make a deposit of Rs.30000 to vacations for plot registration(includes land development,etc) process.But,i clearly told Mr. Nihar & Sai that i will not pay for development & etc process.Registration process costs nearly Rs.8000 which i will pay him & they agreed to my term & said that they will call me for registration process.When i call them both for registration process,they either give there phone to others for talking to me or they will cut the phone.Since 3 weeks Mr. Nihar is not responding to m,y phone & since 2 months Mr.Sai is not responding to my phone.
When i call them they use to tell there friends or colleagues to attend my my phone & tell them that they forgot there phone & is outside etc reasons were said to me. They told me that i will get free accommodation tickets from vacations & i can sell this tickets also.So,i told Mr.Sai to sell my tickets & pay me.Whenever i call him he used to say me wait for 10 days.How much time it will take for you to process my cards,policies,land registration process & tickets Aquila Shireen.

Filed Under: Consumer Complaints, Holidays

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