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If someone wants to withdraw before admittance of the case in NCDRC.. what's the procedure like. Does one has to just inform the lawyer or it's so that an affidavit for withdrawal has to be given in the court. If so, any format... may please be shared. The case no has been allocated but the case is pending for some conformity to comply to Section 12(1)(c)
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A. Section 12 (1) (c) of the Consumer Protection Act, 1996, deals with clubbing the cases of many people or complainants for similar case. It seems that many people have got the same case and hence it is being waitlisted. In case you do not want to pursue this case any further then approach your lawyer and ask him to withdraw the case. He/She should be able to do the needful.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

RATHINDRA NATH SIKDAR

Posted 4 months ago

Can lawyer be changed for consumer forum without his NOC
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A. There is no need of NOC from a lawyer to engage another one. But the problem is when a new lawyer appears many a times the court or the peshkar will ask for it and then the new lawyer has to cut a sorry figure so, its better to have it.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
I wanted to opt for a PR for Canada and went to Y-axis, I paid my fees. I had an option to go to Canada via a Study visa so I opted for that . So, the next day I gave the reason and said that I needed a Refund. Till now I had not signed any agreement of anything. I spoke to the consultant and they agreed to refund and asked me to send a mail which i did. Its been 6 days I have no acknowledgement that they will refund nor am I able to contact them. The consultant is on leave for the past 5 days. I went continuously to the office which is 1 hour away from my house for 4 days then determined to get an answer I met the manager. He told me that they will try to help. When every I try to contact their office no one picks up the calls. I need know if I can any legal action if something go wrong.
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A. If you have the proof of paying the amount to them then you can take a legal action against them.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Anonymous

Posted 5 months ago

A team of personnel including Mr.Lawrence (Contact No.8489748347) and Mr.Karthi (Contact No.9382290318) of Vellore District approached me, saying that HDFC offers personal loans at my door step, at a very low interest rate. Through them, I have taken a personal loan of Rs.7, 00,000 (Seven Lakhs only) in September 2017 from HDFC with loan no.50966904. I paid the EMI promptly through ECS and due to my honest repayment when I asked for a top-up loan for Rs.12,00,000 (Twelve lakhs only) they gave through loan no.53781356 in January 2018. The repayment is going on till now through ECS (No dispute with this loan or its repayment). In September 2017, when they sanctioned the loan (50966904), they have sent me credit card in October 2017. I thought that the usage of HDFC credit card may be a mandatory for loan borrowers of HDFC. But when I enquired the matter to Mr.Lawrence (responsible for my loan processing), he said that he had not given any option for issuing a credit card on taking a HDFC loan at the time of applying. Hence, I kept quiet. When I found my cell phone has been recharged by an unknown, I doubted with credit card activation. So, I informed immediately to the Loan processor (Mr.Lawrence). He commented that an unemployed youth wing purposely works on this and irritates every HDFC loan customer by means of Credit card. He requested to calm down in this regard, when I rose to the occasion. Bearing all the inconveniences given by HDFC, I do not give any chance for accepting or operating any credit card. But, in a fraudulent manner, they have done a top-up to my cell phone for five months, on which I have no control to stop them. It is obvious that anyone can top-up any mobile number. I informed Mr.Lawrence whenever I get a credit loan statement. So, I am continuously harassed by the HDFC credit card division in Chennai. It has become a habitual talk for the collection centre at Chennai to show their supremacy over me, when I started to argue with them for payment of the credit card that is UNOPENED and UNUSED. Many a time, I had sarcastic/bad comments from them and my health suffered a lot on hearing the words from them. They will not allow me to express my feeling or to find a solution to my problem. They insisted me only to pay the amount for the credit card. I wanted to quote all the phone numbers that had emotionally disturbed and threatened to block loans through CIBIL score. They are: 044-66920578, 044-66458500, 044-66818739, 044-66818957, 9884563978, 7639542195 etc., When I said that I have not opened the cover even to pay the debt, they have not recognized my request. They added fuel to the issue leading to more emotional harassment, in turn, loss of physical and mental health. Because of their continuous annoyance, I took more medical leave also. This is true with my school records also. They totally threatened me that they would recommend CIBIL to reduce my score. In addition to the above, I applied for another personal loan in HDFC with Loan No.61272138 on 25/09/2018. But, when I am unable to get the amount, I doubted HDFC and verified CIBIL score. Then I came to understand that the credit card that they sent to me had made a wrong remark on my loan repayment history in the CIBIL score. Shocked with the situation, I tried Mr.Lawrence to know further. But my trials ended in vain. I am completely upset with the CIBIL report. So, I convinced myself and paid Rs.3945/- (Three thousand Nine Hundred Forty Five only) thorough net banking to HDFC Credit Card Division. From November 2017, HDFC is continuously sending SMS/E-mails and Phone calls that I have to pay a huge amount towards the credit card which I NEVER OPENED OR USED. It is to be noted that I can easily top-up my cell phone during my leisure time. But I have been forced to take half-a-day leave from my duty to travel 60 kilometers (to and fro) to repay Rs.100 to a nearly HDFC bank branch. WHEN I DID NOT ASK WHY DO THEY SEND WITHOUT MY CONSENT? WHEN I DID NOT OPEN MY CARD, HOW DO I KNOW THE NUMBER TO REPAY? WHEN I DID NOT USE WHY SHOULD I PAY? I tried the same with and got it and then paid Rs.3945/- through net banking. Now, to the maximum extreme, the bank, through the above said loan team at Katpadi (Vellore), is harassing me by means of SMS, E-mail, phone calls at all times. They threatened me and spoiled my CIBIL score as a failed borrower. They added that they would block me in getting loans from any other banks in future. (It is happening now). They are doing in such a way that I can’t do my duty peacefully. They enforce a continuous and a collective harassment to my physical and mental health. Where persons like me shall would find solution to lead a harmless life? Because of HDFC, I have been certified as a failed borrower by CIBIL. I cannot get any banking support further. Hence, I need a compensation recovery for my emotional and physical hazards created by HDFC.
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A. Dear Sir, Write a grievance letter to the HDFC bank corporate office, the Branch where you have the account, to the HDFC credit card main office and copy of all to the BANKING OMBUDSMAN. Along with this file a consumer case for deficiency and fraudulent services and ask for huge compensation. Not only that file FIR at the local police station against HDFC credit card company stating that they have cheated and committed fraud with you. Also add that somebody is harassing you by calling your number.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
We have given our house for promoting. apart from the deed, there is also a profit sharing agreement. he was supposed to complete the project within two years. now it is 3 years he has not yet completed the project. he is not giving the money as per the agreement. but he has given sufficient money to my elder brother. can i launch a complaint in consumer dispute redressal commission
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A. If you had executed an agreement for the development and building then you can invoke that agreement and move the civil court for breach of the agreement and seek appropriate relief. This is not a consumer case and hence can not be filed in consumer forum.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
Dear Sir, We purchased TATA NANO TWIST car in 2014 in 10000 Rs down payments.In the starting when we were taking the vehicle out from showroom then the company only provided one letter that we have purchased the vehicle and they kept one key of the car with them saying that it will be handed over when whole installments get clear. As my father is in government job so every month in the name of installment the bank was deducting 7500Rs from salary for 4 years in mid of that they provided one no. saying that this is your vehicle no. so we wrote that no.in the no. plate. when all the installment got completed and we went to the showroom saying to handover the Original RC Book and the 2nd Key of Car then they refused it saying that they haven't sold that vehicle. please tell us what to do as the car is just standing in house and getting RUST. we are neither able to use it nor able to Sell it.
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A. Dear Are you seriously telling a true story? If yes then I am surprised that we are living in this country where we have companies like that and also ( sorry to say ) but people like you who so easily believe what is being told to them. Look it clearly means that either there is a big misconception and confusion or else the company has simply cheated you. Immediately get in touch with a lawyer and take proper legal action.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

RAGUPATHY K

Posted 7 months ago

I brought Samsung memory card from ebay. Com. its not working. when I contact to Samsung service centre they said it's a duplicate card. and I and contact to eBay Customer Service they said they need a written document from the service centre but the service centre is not providing the written document they send only the email when I again contact to eBay Customer Service they said eBay.com was shut down so they can't service anymore. What can I do now.
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A. Since ebay.com Indian arm is shut down so you cannot do anything but the good news is that it was part of flipkart and directly or indirectly Flipkart should have the responsibility of providing the customer support. So try to reach out to Flipkart and see if your problem can be resolved. Ideally the legal action that you can take is to move the consumer forum but that you must decide looking at the price of the memory card and the time and effort involved in fighting the case.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
I have started journey in train from Saharsa my luggage bag has stolen in running train ( more than 100 km from Saharsa and this also in another railway division) have in iformed to GRP at end of my journey .after that i have also informed railway minister Twitter .than i have written also a letter to DRM separately after that a police officer of RpF came on my residence to taken my state and acopy of FIR in GRP .he told me it is out of our jurdiction level so i will transfer this case to another division.Than i have written 3 times to GM east Central Railway three time but no any response have taken .I have written to them for claim of mentally and economicaly lost .so please advise me that I have to District consumer court saharsa or state consumer Court because incident has been happen out of district saharsa
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A. Territorial jurisdiction in case of consumer cases have been a bit tricky from Complainant point of view. The directions are that the residence of the complainant is immaterial and it is the office or branch office of the other party or service provider takes precedence. Had I taken this case then I would tried to file the case in Saharsa district forum and I would have taken this pleas that Railway has got a local office (station) in Saharsa. Secondly the cause of action started when you boarded the train at Saharsa s from that point of view also I can plead for local jurisdiction. Whether the forum will allow or not is a different matter but this option can be explored and argued for.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata
I have a RD opened in post office and agent used to collect money for depositing, while purchasing our house we faced a bit of money shortage and this agent advised of partial withdrawal of the RD, however she never mentioned that there will be an interest that will be charged on the partial withdrawl of the RD, we only got to know that interest was being charged when we been there to deposit the partial withdral amout to continue the RD as it is. When disussed with thr post office people they passed on the blame to the agnet and when discussed with the agent she simply refused to give any response. Please help me what can be done with this scenario, as it was my own money that i was depositing in the RD and was givrn back to me as a loan without informing me about the interest that is charged. I feel cheated here can something be done.. Thanks in advance.
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A. Have you seen that clause later on checked for yourself. The banking system does not charge interest on withdrawal of your deposits but they charge a penalty in case of premature withdrawal from the total interest that they would have paid to you. They also charge interest on withdrawal in case you have taken any Overdraft (OD) by pledging the FD or RD. but taking interest on the partial withdrawal of a deposit is unheard of. Have they taken interest for the time period that you took to deposit the money? If yes then this can be considered as a loan and that case you can challenge the act of Post Office. You can share the details with me and I can guide you on this.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

Satyam Singh

Posted 7 months ago

M satyam singh, actually bses high voltage electric wires are passing from all over my roof and on every other day there is a short circuit and fire. Wires are inside my house premises. What should I do and what is the legal limit of the roof boundary that can be built? I have already raised the complaint from last few months bt they are ignoring it and saying that u should have not built ur roof boundary/gallery. Please help me with the information that is it illegal to build roof boundary/gallery Bcoz I have read online that till 3ft of roof boundary/gallery is allowed to build.
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A. The redressal pf your grievance will depend upon the fact that whether you build a house under the existing high tension wires or they got the high tension wires on your already built house. If you built your house under the high tension wires then probably you will not get any solution and in fact you will have to pay the penalty. In case they got the wire on your house then yes you can claim the compensation or get any relief.
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Abhimanyu Shandilya Exp: 14 Year(s) Kolkata

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