Non-compliance of direction: HC warns babus of contempt action

The Delhi High Court has warned two senior officials of the city government of contempt action if its directions on renovating a district consumer forum at Shalimar Bagh and filling up staff vacancies there are not complied with.

“Both the officials (Managing Director of DTTDC and Director, Consumer Affairs, Food Supplies and Consumer Affairs Department of GNCTD) are cautioned that non-compliance with the directions would entail an action for contempt of court,” Justice Rajiv Sahai Endlaw said.

The court has directed the government to complete the renovation work by January 15, 2016 and to fill the vacancies by February 16, 2016.

It was hearing a petition filed by Harjeet Singh Dhillon through advocate Pankaj Batra alleging that non-functioning of the District Consumer Disputes Redressal Forum North West at Shalimar Bagh, Delhi due to renovation work and insufficient staff has caused unprecedented delay in disposal of cases.

“The respondent no.1 Delhi Transport and Tourism Development Corporation (DTTDC) is directed to complete the entire work of renovation on or before 15th January, 2016. The Managing Director of the respondent no.1 DTTDC is personally made responsible for ensuring that the work, as per the work awarded, is completed by January 15, 2016 to the satisfaction of the President of the consumer fora,” the bench said.

“The Director, Consumer Affairs, Food Supplies and Consumer Affairs, Department of GNCTD is personally made responsible for compliance of the said direction,” the bench said.

The corporation submitted that the renovation work was almost complete and was not a deterrent to the functioning of the consumer fora.

DTTDC also said that two phases of the work was complete and only the third phase i.E. Renovation of the chambers of the members of the consumer fora is remaining and which will be completed latest by January 15.

Delhi government submitted there are only two vacancies out of the sanctioned staff of six and said that if there are more vacancies than two, the same shall also be filled up.

Consumer forum asks Railways to facilitate passengers

A consumer forum has asked the Railways to display in each coach the mechanism to redress the issue of theft as well as the duty of TTE and railway police personnel to facilitate the passengers.

New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, passed the directions while asking the Railways to redress an issue of theft during journey on a complaint filed by one S M Prasad.

While taking the complaint as a “general public grievance”, the forum said the incident of railway employees passing the buck was a “routine experience” and asked the chairman of railways to redress the issue from the view point of ordinary passenger.

“We all find this to be routine experience of all passengers and direct complaint’s copy to be forwarded to Chairman, railway authority to redress the issue from view point of ordinary passenger.

“We direct Railway authorities to display in coach, the procedure, the duty of TTE, Railway Police, the telephone number so that travelling public is facilitated rather than harassed in such loss,” the forum said.

Prasad had told the forum that his daughter-in-law lost her purse containing valuables while travelling to Delhi in Navyug Express on October 10, 2013. He had also claimed that when she tried to seek help of TTE, railway police, GRPF etc. everyone passed the buck.

DLF told to pay around Rs 1.5L for wrongly deducting brokerage

DLF New Gurgaon Homes Developers Pvt Ltd has been asked by a consumer forum here to pay around Rs 1.5 lakh to a man, who booked a property in its project, for “wrongly deducting brokerage”.

Delhi District Consumer Disputes Redressal forum, presided over by C K Chaturvedi, asked the firm to pay Rs 1,49,783 to Noida resident Rajesh Kukreja.

It also said that the firm “unjustly enriched” itself by “deducting brokerage”.

“We hold OP (firm) guilty of deficiency in unlawful trade practices and direct the OP to… Refund Rs 1,49,783 wrongly deducted as brokerage,” the forum said.

Kukreja had told the forum that he had booked the property in firm’s residential project in Gurgaon by paying Rs 26.82 lakh in 2008.

Later, when he discovered that there was no progress in construction at all due to the lack of environmental clearance, he approached the firm which gave him an exit option.

The reality firm, however, refunded him only Rs 25.32 lakh by deducting Rs 1,49,783 as brokerage cost.


Real estate firm asked to pay over Rs 13L to a woman

Central District Consumer Disputes Redressal Forum, presided by Rakesh Kapoor, asked ARN Infrastructures Ltd to pay Rs 13,12,450 to south-Delhi resident Menoka Chatarjee.

In its order, the forum noted that the cheques issued by the firm to the woman representing principal amount had been dishonoured on presentation to the bank.

“The complainant (Chatarjee) had approached this forum on April 25, 2013 with the present complaint and even then the opposite party (firm) had not come forward to refund the amount deposited by the complainant,” it said.

The forum held the firm guilty of deficiency of service towards the complainant as it had held back the amount of Rs 12,07,450 without any reason and had used it in some other projects.

It directed the firm to refund Rs 12,07,450 to Chatarjee and asked her to pay Rs 1 lakh towards compensation and Rs 5,000 for the cost of litigation.

The woman had told the forum that the firm had launched a project and she had booked a flat in it by depositing Rs 12,07,450 which represented 80 per cent of flat’s cost.

Later on, the firm had informed Chatarjee that the project would not be taken up and it issued her three cheques totalling Rs 12,07,450, the principal amount received from her, she said.

On presentation to the bank, however, these cheques had been dishonoured, she claimed.

After that the legal notice sent by Chatarjee to the firm remained uncomplied with, she said.

The firm had said that it had asked the woman several times to receive the amount from its office but she herself failed to come forward to take it.

Theft claim: National Insurance Co Ltd asked to pay over Rs 5L

National Insurance Co Ltd has been directed by a consumer forum here to pay over Rs 5 lakh to a businesswoman for “arbitrarily” repudiating a theft claim and also initiate disciplinary action against the incompetent officer who supported or approved such illegal action. The New Delhi District Consumer Disputes Redressal Forum, presided by C K Chaturvedi, asked the insurance firm to pay Rs 5,07,160 to Delhi-based Veena Jain immediately.

Jain had told the forum that on January 19, 2008, some persons stole goods from her factory in Ghaziabad after forcibly taking key of the premises from the guard at gun point and escaped. The police was immediately informed and some of the culprits were apprehended and some articles were recovered and a case was registered in this regard.

The insurance firm had appointed a surveyor who gave a report which supported the facts of theft and recorded loss assessment of around Rs 4 lakh but the company rejected the claim and ignored the report, she alleged. The consumer forum accepted her plea and directed the company to pay her claim.

“The thieves were apprehended and some articles received. It is a police case of theft, and we are surprised at the fanciful unjust approach of Opposite Party (firm) in arbitrarily repudiating the claim, which should have been paid immediately. “We hold OP guilty of deficiency and direct OP to pay Rs 4,07,160 as loss recorded by surveyor…and pay compensation of Rs 1 lakh for deficiency, harassment and litigation expenses,” the forum said.

Life insurance firm ordered to pay 15K compensation

A consumer forum has directed a private insurance firm to pay compensation of Rs 15,000 to a complainant for harassment along with litigation costs of Rs 4,000.

The District Consumer Disputes Redressal Forum (Mohali) in a decision yesterday held ICICI Prudential Life Insurance responsible for deficiency in service and failure to fulfill its obligation to its Amrik Singh Gill.

The forum also ordered the firm to pay Mohali-based Gill interest of Rs 912 at a rate of 9 per cent on Rs 50,000 for 74 days and refund the charges of Rs 68.88 which were deducted by the company as stamp duty.

The forum found that there were inconsistencies in the assurances made by an employee of the firm while selling an insurance policy, in January, 2012, and the policy document itself.

It also penalised the firm for delay in delivery of the policy document and observed that the details pertaining to the particulars of the complainant in the proposal form of the policy had been erroneously filled ? hinting at manipulation by the agent of the company.

The forum also found no justification in deduction of stamp duty charges by the company, saying that the proposal form, which was the basis of the policy, had never been submitted by the complainant.

BSES to pay Rs 30,000 for not restoring power

Power distribution firm BSES has been directed by a consumer forum here to pay Rs 30,000 to one of its customers for not restoring his power connection despite there being no pending dues. South-II District Consumer Disputes Redressal Forum asked the power distribution firm to pay the compensation relying upon the bills of South Delhi resident S C Pahwa and saying that nothing was to be paid by him as of October 2010. The discom should have “sympathetically and seriously” considered his case as he was suffering from various ailments, it added.

“We find a clear deficiency on the part of the opposite party (BSES) which did not consider the case of the complainant sympathetically and seriously, though he was a senior citizen suffering from various diseases. “Therefore, we allow this complaint and direct it to resume the electricity connection of complainant as he has already paid all the dues of his previous connection,” a bench presided by MC Mehra said.

The bench also asked BSES to pay Pahwa Rs 20,000 as compensation for “harassment, deprivation and inconvenience including mental agony suffered by him” along with Rs 10,000 as litigation charges. Pahwa in his complaint had alleged that despite having cleared all his previous dues and having applied for a fresh power connection, electricity was not restored to his home.

The discom in its reply had contended that his connection was disconnected in 2008 over non-payment of dues and added that when he had cleared all the dues and applied for a fresh connection in September 2010, the same was installed and power supply restored within seven days after completing all necessary formalities.



Airtel to pay Rs. 6,000 for not activating SIM after taking money

Telecom major Airtel has been directed by a consumer forum here to pay Rs 6,000 to one of its subscribers for not activating her mobile connection after charging her for it.

The East District Consumer Disputes Redressal Forum gave its order, relying on complainant Asha Sharma’s affidavit which said she had paid Rs 1,000 to Airtel for its mobile telephone services but the firm never activated the SIM card issued to her despite repeated requests.

“Complainant (Sharma) claims cheque (of Rs 1,000) was realised but opposite party (Airtel) failed to activate the connection in spite of promises. She has not produced any evidence to confirm that cheque was encashed.However, she has affirmed on affidavit that cheque has been encashed by opposite party and they did not activate the connection.

“This affidavit is uncontroverted (un-challenged). Therefore, there is no reason to disbelieve it. We direct opposite party to refund Rs 1,000 to the complainant towards the cost of the SIM along with a compensation of Rs 5,000 for harassment and as litigation charges,” forum President N A Zaidi said.

Sharma had submitted in her complaint that she had opted for a new scheme/product launched by the telecom firm called ‘Airtel Money’ and had paid Rs 1,000 by cheque for it. She had been issued a SIM card with the assurance that as soon as the cheque is encashed, the connection would be activated, she had said.

The telecom firm, however, encashed her cheque but but did not activate the connection on one or the other pretext, she had alleged.

The forum decided to proceed ex-parte against the telecom major as “in spite of notice sent by registered post, opposite party did not contest the case”. The bench also directed Sharma to return the SIM card to Airtel.

(Source : PTI)

RBS to pay Rs 5K to card holder

The Royal Bank of Scotland(RBS) has been directed by a consumer forum here to pay one of its credit card  holders Rs 5,000 as compensation for demanding payment from him even as he had cleared all his dues.

Holding the RBS guilty of rendering deficient service, the New Delhi District Consumer Disputes Redressal Forum said the demand raised by the bank was not justified as the card holder, Delhi resident Vikas Sanghi, had paid all his dues. The forum also directed the bank to issue Sanghi a ‘No Dues Certificate’.

“The bill issued by opposite party (RBS) is not justified because complainant (Sanghi) has already paid all dues. There is deficiency on the part of RBS.

So holding it guilty of deficiency in service, we direct it to issue ‘No Dues Certificate’ against the credit card and remove his name from CIBIL. We further award Rs 5,000 as compensation for harassment including litigation charges,” the bench presided by C K Chaturvedi said.

The forum’s order came on Sanghi’s plea alleging that despite paying Rs 37,260 as final settlement of his RBS credit card bill, after consulting with the bank, it had raised a fresh demand of Rs 2,909 instead of issuing him a no-dues- certificate.

He also said the bank added his name to the Credit Information Bureau  (India) Limited’s (CIBIL) defaulters’ list due to which he also faced difficulties in obtaining loans.