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I won the case but compensation not satisfactory

April 4, 2014 By Legal Solutions

I had filed a case against my institute under deficiency of service. The institute wasted 1 whole year of my precious career because of their callous attitude and not conducting exams. I had asked for my full fee refund and also asked for a compensation of Rs. 25000/- per month for a whole year. The forum ordered the case in my favor and asked the institute to refund my full fee amount and only Rs 25000 as compensation. I want to file a review petition and want a higher compensation as I lost 1 whole year due to the college and another year in fighting the case in the court. How do I go about it and how to file a review petition. What will be the outcome of filing a review petition. Please answer my question soon as I have very few days left for filing a review petition. Thank you

Filed Under: Consumer Complaints, Education

TTK Health Care & ICICI Lombard to compensate over Rs 70,000 for denial of Cashless Facility

November 8, 2013 By Legal Solutions

TTK Health Care (TPA) & ICICI Lombard have been jointly ordered to pay medical expenditure of Rs. 46,895/- along with interest @ 9% p.a. and Rs.20,000/- as compensation including litigation cost. The order is as follows: 

CONSUMER DISPUTES REDRESSAL FORUM-VI
(DISTT. NEW DELHI),
‘M’ BLOCK, 1STFLOOR, VIKAS BHAWAN, I.P.ESTATE, NEW DELHI-110001.
Case No.C.C./693/11 Dated: 24 September 2013

In the matter of:
Sh. Dasrath Raj Kapila
New Delhi                                  …COMPLAINANT
VERSUS
1. M/s. TTK Health Care Pvt. Ltd.,
New Delhi.
2. M/s. ICICI Lombard General Insurance
New Delhi-110 025.
3. M/s. ICICI Lombard General Insurance
Hyderabad-500004
Andhra Pradesh                     … OPPOSITE PARTIES
ORDER
Member : Asha Kumar
Briefly allegations are that complainant obtained a mediclaim cashless policy bearing No.4034/HIR/04020945/01/000 valid from 19.9.2010 to 18.9.2011 and paid a premium of Rs.20,183/-. The complainant got admitted in National Heart Institute on 15.1.2011 for some liver problem and was discharged on 19.1.2011. The complainant gave cashless card to the hospital authorities to send the estimate to OP for approval. But the OP declined facility of the cashless claim on the ground that treatment towards alcohol influence ailments not covered under the policy. The complainant paid Rs.46,895/- to the hospital towards treatment charges. In the para 8 of complaint complainant mentioned as he is teetotaler and have never consumed alcohol and the problem in liver arose due to Diabetic condition which was already disclosed at the time of taking the policy. A letter issued by National Heart Institute dated 19.1.2011 that the damage to the liver was due to Diabetic and not due to alcohol intake. Hence the present complaint wherein complainant prayed for Rs.46,895/- towards medical expenses incurred in hospital along with 18% interest. He further prayed for Rs.50,000/- towards compensation and litigation cost etc.,
Notice was served upon the OP. None appeared on behalf of OP proceeded exparte on 24.4.2012. Case was fixed for settlement for many dates on the request of OP. But nothing came out.
Heard documents on record perused.
All the allegations made by complainant remained unrebutted because OP does not choose to content the claim and later on proceeded exparte on 24.4.2012. We have no other option but to believe on the allegations made by complainant.
We have gone through the policy and the documents placed on record along with letter of hospital dated 19.1.2011. It is clearly mentioned that the damage in the liver is due to Diabetic condition and not due to alcohol intake and it was already disclosed at the time of taking the policy that complainant is diabetic. The plea taken by OP is unjustified. The cashless facility was not provided to complainant as promised by OP and failed to settle the payment of complainant despite the letter of the hospital provided. There is deficiency on the part of the OP. We hold OP guilty of deficiency in service and direct OP to pay Rs.46,895/- along with interest @ 9% p.a. from the date of payment in the hospital till date of payment. We further award Rs.20,000/- as compensation including litigation cost.
The order shall be complied within 30 days from the receipt of the copy of the order; otherwise action can be taken under Section 25 / 27 of the Consumer Protection Act.
Copy of the order be sent to the parties free of cost.
Pronounced in open Court on 24 September 2013.
(C.K.CHATURVEDI)
President
(S.R.CHAUDHARY) (ASHA KUMAR)
Member                        Members

Filed Under: Consumer Complaints, Consumer Courts, Court Judgments

Mental Harassment by Broadband Company

August 20, 2013 By Legal Solutions 10 Comments

Dear Sir, This is to bring in your notice about the mental harassment by broadband Bangalore. I am getting “Demand Notice” mails from Broadband Company mentioning not made payment for last month usage which is totally untrue. I had broadband connection in bangalore HSR Layout with Broadband Company customer-id : 1105258027 more then one year back. I took advance plan in Broadband Company. My plan was such that i was paying always advance payment for every month usage and i was told by customer-care and executive that whenever you are disconnecting services you need to just notify us through mail, there will not be any payment for last month, since it is in advance which is already paid when cycle starts.
I have faced lot of issue during my account was active in Company, which was resolved by operations head (Pandian), related to their commitment and already paid dues. Now after more then a year they are sending “Demand Notice” mails to me for last month dues. Which was their fault as they didn’t came to collect their belongings, now imposing their mistake on me. I have sent mail for discontinuation of service on 11 June 2012 and also i have made so many calls to customer-care and requested them to please discontinue the services as soon as possible because i have to fly out of india and i will not be here so kindly come and collect all the belongings of Broadband Company. I got a call from customer-care when can they come to collect the model, i said you can come on the last cycle day of the month. Later no one came to collect it after that. I again made call to customer-care to discontinue the service and come and collect the modem, no-one came later. I sent mail to Broadband Company operations head (Pandian) also explaining all the information in it. But again no result, no one came to collect. Now i am out of india and they have sent me “Demand Notice” mails twice and i also replied (Chetan) to each with all mails proof as attached but again they are sending the same mails to me. Please help me to resolve this issue. Thanks, Swapnil Shrivastava customer-id : 1105258027

Filed Under: Consumer Complaints, Internet

Internet Company harrasing me

July 25, 2013 By Legal Solutions 15 Comments

I have used broadband with serviceid 1103177234 sep2010 to apr2011. After that we shifted our place and we did not use any internet from Internet Company harrasing me.. now, after 2 years they are calling now and saying that u have to pay the bill amount of 5438rs. i got a call from mobile no.9266675905 and he is claiming himself as a lawyer in delhi court and he is going to file against me on this issue.. why should i pay that amount, although i didnot used any.
please solve this issue as soon as possible.

Filed Under: Consumer Complaints, Internet

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

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