Grievance Officer

Hindu: Student sues company over ‘racist’ crayon

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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

Consumer Court Decisions 2012 – Part 2

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Mobile company fined over global roaming
A consumer forum imposed a fine of Rs 18,000 on a mobile service provider for having failed to activate international roaming service for one of its customers, despite the customer having paid the deposit amount.
The Central Mumbai District Consumer Disputes Redressal Forum held Vodafone Essar Ltd guilty of deficiency of service and directed it to pay Omprakash Bhadada (56) Rs 15,000 as compensation for mental agony and Rs 3,000 towards costs.
@ http://articles.timesofindia.indiatimes.com/2012-04-25/mumbai/31398131_1_consumer-forum-provider-deposit-amount
Consumer forum directs immigration firm to refund money
Jalandhar district consumer disputes redressal forum has directed World Wide Immigration Consultancy Services Limited (WWICS) to refund Rs. 50,000 to a city resident for deficiency in service. The forum also ordered payment of Rs. 5,000 to complainant Veena as compensation and litigation
expenses.
@ http://www.hindustantimes.com/Punjab/Jalandhar/Consumer-forum-directs-immigration-firm-to-refund-money/SP-Article1-847701.aspx
Reliance Insurance to pay Rs 88K for denying cashless service
The Reliance General Insurance Company Ltd has been ordered by a consumer forum to pay over Rs 88,000 to a mediclaim policy holders for its failure to facilitate cashless service to him for his daughter’s surgery.
@ http://www.indianexpress.com/news/reliance-insurance-to-pay-rs-88k-for-denying-cashless-service/943437/
Forum tells state power firm to recalculate bills
After hearing a complaint that energy bills were wrongly calculated, the consumers’ grievances redressal forum (CGRF), Nashik, has ordered MSEDCL, the state electricity distribution company, to recalculate bills based on average metered units prior to the duration in question.
@ http://timesofindia.indiatimes.com/city/nashik/Forum-tells-state-power-firm-to-recalculate-bills/articleshow/12929595.cms
Consumer forum asks builder to pay Rs 9.27 lakh to couple
A Delhi consumer forum has ordered a realtor to pay Rs 9.27 lakh to a couple, saying it cheated them by taking the booking amount for a flat but did not even begin the construction despite considerable lapse of time. The New Delhi District Consumer Disputes Redressal Forum, headed by C K Chaturvedi, held AJS Builders guilty of cheating the couple and rendering deficient service to them. “We hold the opposite party (builder) guilty of total deficiency, cheating and causing disappointment to the complainants and not refunding the money collected from the complainants,” the forum said.
@ http://ibnlive.in.com/generalnewsfeed/news/consumer-forum-asks-builder-to-pay-rs-927-lakh-to-couple/992046.html
Consumer forum fines builder for misleading it
The National Consumer Disputes Redressal Commission has imposed a fine on a builder in the city for concealing facts and furnishing wrong information to the Commission.
The Commission asked Narendra Sodhi of N K Sodhi and Company to pay Rs 10,000 to each of 20 complainants – the petitions were filed separately – who had in 2008 approached the district forum, the lowest of the three-tier forum, in Mumbai against him.
@ http://www.indianexpress.com/news/consumer-forum-fines-builder-for-misleading-it/942944/
Jet Airways to pay Rs 71K compensation
Jet Airways has been ordered by a consumer forum here to pay over Rs 71,000 as compensation to a family of four for not communicating their food preference to the connecting airline and making them go hungry for over 10 hours during their flight to Toronto from London.
@ http://www.indianexpress.com/news/jet-airways-to-pay-rs-71k-compensation/938368/
Reliance Com to pay Rs 6,000 damages
Reliance Communications will have to cough up Rs 6,000 towards damages to a city-based practising advocate for deficiency in services.
The district consumer court in its recent order directed the service provider to pay Rs 5,000 towards the mental trauma, and physical and financial losses incurred by Subhash Kharat and Rs 1,000 as litigation expenses.
@ http://www.indianexpress.com/news/reliance-com-to-pay-rs-6-000-damages/938831/
Consumer Forum asks Delhi police to file cheating case against Kotak
The district forum also asked Kotak Mahindra Old Mutual Life Insurance to pay Rs1 lakh as compensation to its customer, a retired Army officer for selling a wrong insurance-linked saving policy by signing the proposal form
http://www.moneylife.in/article/consumer-forum-asks-delhi-police-to-file-cheating-case-against-kotak/25079.html
‘Wrong interpretation of the law by Consumer Forum’
The Mysore District Consumer Forum recently dismissed (13-7-11 in Case No. 1070/2010) a complaint filed by a consumer. It appears to be based on a wrong interpretation of the Consumer Protection Act.
http://www.deccanherald.com/content/243846/wrong-interpretation-law-consumer-forum.html
Travel blues: Tourists get operator to cough up
Eight months after they filed a complaint with the Consumer Disputes Redressal Forum, five members of a tour group from the city were awarded compensation for the mental agony they suffered during a tour of Israel because of an inept tour operator.
The group of five included the former principal chief conservator of forests of the state, N.V. Ramachandra Chetty, and film producer Anitha Pattabhiram. Now, the Consumer Disputes Redressal Forum has directed the tour operators to pay each of them compensation of `50,000. The package tour of Israel was organised by Mumbai-based SOTC World Famous Tours in July 2011. Immediately after they landed at Tel Aviv airport, the tour operator took away their passports, and they were unable to go anywhere even in their free time.
http://www.deccanchronicle.com/channels/cities/bengaluru/travel-blues-tourists-get-operator-cough-622
Kingfisher asked to pay Rs 12,000 to passenger
Kingfisher Airlines has been ordered by a Delhi district consumer forum to pay Rs 12,000 to one of its passengers for booking him on a non-operational flight and telling it only when he went to the airport to catch it.
The New Delhi District Consumer Grievances Redressal Forum ordered the airlines to pay the compensation to Delhi resident RP Singh, while holding it guilty of rendering deficient service and harassing him.
@ http://ibnlive.in.com/news/kingfisher-asked-to-pay-rs-12000-to-passenger/252388-7.html
Sony to pay customer Rs 19,000
Sony Electronics has been ordered by a Delhi district consumer forum to pay Rs 18,900 to a customer for selling him a faulty music system.
Observing that the product “had some inherent defect” and was not a “marketable good”, the North Delhi District Consumer Forum directed Sony to refund its customer the cost of the music system.
@ http://www.indianexpress.com/news/sony-to-pay-customer-rs-19-000/941463/
Consumer body asks SBI to pay compensation
The district consumer disputes redressal forum has ordered the State Bank of India to provide compensation to the complainant who had taken loan from the bank for buying a house, but, could not get the original document even after paying back the loan.
@ http://articles.timesofindia.indiatimes.com/2012-04-25/lucknow/31398508_1_complainant-loan-state-bank
Insufficient funds can’t ‘dishonor’ cheque
Merely saying ‘insufficient funds’ cannot be a valid reason for banks to dishonor a cheque, unless it is explained what amount would have been sufficient to honour it, a consumer forum has held.
The Central Delhi District Consumer Forum ruled it while ordering ICICI Bank to pay Rs 25,000 as compensation to a customer for dishonoring her cheque of Rs one lakh on grounds of insufficient funds in her account, despite the same having more than rs one lakh in it.
@ http://www.indianexpress.com/news/insufficient-funds-cant-dishonor-cheque/940895/
Stolen car: ICICI Lombard to pay Rs 6.3L
ICICI Lombard General Insurance has been directed by a consumer forum here to pay Rs 6.3 lakh to a policy holder for refusing to reimburse his loss after the theft of his car.
The New Delhi District Consumer Forum order the ICICI Lombard to compensate the policy holder saying that the firm had failed to justify the rejection of the claim, as it did not file a formal reply to the complaint or a copy of the policy rules on basis of which it had refused to pay him.
@ http://www.indianexpress.com/news/stolen-car-icici-lombard-to-pay-rs-6.3l/940394/
Gurdaspur: Consumer Court asks insurance company to pay claim of Rs 11.5 Lakhs
District Consumer Disputes Redressal Forum, Gurdaspur consisting of Sanjay Garg, President, Raj Kumar and Jagdeep Kaur,as its members in a recent judgment has directed the National Insurance Co. to pay the insurance claim of Rs.11,50,000/-alongwith interest at the rate ff 12 percent per annum to R.S.Transport Co. Limited, Pathankot on account of theft of the insured vehicle of the complainant.
@ http://www.punjabnewsline.com/content/gurdaspur-consumer-court-asks-insurance-company-pay-claim-rs-1150000/43580

Kerala Consumer forum slaps Rs. 2 lakh fine on school

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The District Consumer Forum on Tuesday directed a private school to pay Rs. 2 lakh as penalty for issuing the transfer and conduct certificate (TC) to a student in a way that will adversely affect his higher education prospects. As per the directive, the school authorities should pay the amount within a month, failing which they should remit an amount at 10 per cent interest of the penalty during the period of delay.
The judgment came as Mohammed Ismayil, son of Pallikkunnu Hamsa, hailing from Edakkara, filed a complaint against Good Shepherd Modern English Medium School at Palunda near Chunkathara where he had completed his
secondary school education.
The complaint said that the school authorities demanded Rs. 39,000 as fees when his father approached them for his TC to join another school for higher secondary education. It also said that they turned a deaf ear to his parent’s plea to correct the wrongly entered date of birth in the mark list.
Delivering the verdict, the consumer forum discarded the argument of the school management that the institution’s prospectus had clearly instructed the students to pay the complete fees up to Standard XII, even if they leave the school after X.
In an interim order, the Forum had directed the school to issue a TC to Mohammed Ismayil.
However, the school authorities issued it with the conduct of the student being marked ‘bad’. It was also mentioned in the certificate that the student had a liability of Rs. 27,000 to the school.
Making a strong comment against the move, the Forum directed the school authorities to issue a new TC marking the conduct of the student as good, along with the penalty.
source: http://ibnlive.in.com/news/consumer-forum-slaps-rs-2-lakh-fine-on-school/186222-60-116.html

NCDRC imposes Rs 30,000 fine on Citi Bank

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International banking major Citi Bank has been imposed a fine of Rs 30,000 by the country’s apex consumer forum for filing “meritless” petitions against lower consumer fora order asking it to pay Rs 1.80 lakh to one of its car loan customers.
The National Consumer Dispute Redressal Commission dismissed City Bank’s plea challenging Orissa State Consumer Commission order, saying it has come before the NCDRC “to cover up” its own “faults and negligent acts” in belatedly challenging the district consumer forum order, which had directed the bank to pay Rs 1.80 lakh to its car loan customer.
While imposing penalty on the bank, Justice V B Gupta said the state consumer commission had rightly dismissed its appeal against the district consumer forum as it had filed it after a delay of more than 3 years.
“It is well settled that no leniency should be shown to such litigants, who in order to cover up their own fault and negligence goes on filing meritless petitions in different fora,” the NCDRC said.
“As the two fora below have given detailed and reasoned orders which do not call for any interference nor they suffer from any infirmity or erroneous exercise of jurisdiction, the present petition is dismissed with punitive costs of Rs 30,000,” it said.
Citi Bank had approached the apex consumer forum against the order of Orissa consumer forum which had decided not to hear its plea after a district consumer forum directed the bank to pay Rs 1.8 lakh to Orissa businessman Pradeep Kumar Patri.
Patri had purchased a car on a loan from the Citi Bank in 2006 and was to pay 60 EMIs via post-dated cheques. He had moved the district forum alleging that the bank did not furnish accounts details to him as to whether there is any outstanding dues and the vehicle was “un-unauthorisedly repossessed” in October 10, 2006.
The bank in its reply said some post-dated cheques issued by the customer had bounced due to which installments were not realised. The bank had re-sold the vehicle to another person in Chhattisgarh a month later.
The district forum in January 2008 ordered Citi Bank to refund Rs 1.74 lakh to the complainant and also pay Rs 5,000 as “compensation for mental agony” and Rs 1,000 as litigation cost.
After the state consumer commission dismissed the bank’s appeal against the district forum order on the grounds of delay, it moved NCDRC claiming it had been following the case in the district forum but its lawyer did not inform it as to when it gave the order.
The NCDRC, however, rejected its plea saying Citi Bank is a multi-national bank having large number of employees in its legal department and it did not file the appeal in time only due to “negligence”.(PTI)
source: http://www.rtitoday.com/detailarticle.php?articleid=1527

Non-lawyers can represent clients in consumer courts: Supreme Court

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In a decision which may give lawyers a run for their money, the Supreme Court has said non-advocates can represent litigants in the country’s consumer courts as their authorised agents.
The decision by a three-judge Bench led by Justice Dalveer Bhandari is a blow to the lawyer community, which challenged competition from persons without law degrees.The Consumer Protection Act, a compact statute, says that a complainant can either personally appear or be represented by an authorised agent or an advocate.The court refused to intervene, saying that it cannot question or change the original legislative intent of the Act.
Justice Bhandari said the legislature would have thought that the poor litigants who come to the consumer court may not be able to afford the “heavy” lawyers’ fee.The court turned down the Bar Council of India plea, that only advocates should be allowed to appear before a consumer forum.
But it said that the National Consumer Commission, the highest consumer redressal forum in the country, has framed guidelines for conduct of these “non-advocates”. (Express News Service)
source: http://www.rtitoday.com/detailarticle.php?articleid=1362