radha
23 August 2012 at 20:54
Dear Experts,
Kindly provide legal advice.
A female Baba {fake} was allotted a plot of land by State Urban Development Agency for religious purpose as a relative of Baba was a position holder in the agency. Baba constructed 24 shops facing main road and obtained advance from shopkeepers. Licencee agreement was signed.To many shopkeepers no receipt was issued. Some shopkeepers succeeded in getting the receipts. Shops have one door and shutter in front and one rear door and both doors are locked by shopkeepers. Monthly rent was being taken but no receipt was issued to many shopkeepers. Some shopkeepers succeeded in getting the monthly receipt but purpose was mentioned as donation and rent was not written. Baba had formed a trust with herself as Chairman and her daughters as trusties. No map was approved for shops and residential {palatial} structures erected by baba. Baba was in habit of using foul language with shopkeepers and would now and then barge into the shops and threat the shopkeepers and refuse to pay for items taken from shopkeepers. Shopkeepers objected and baba lodged false police complaints and police picked up some shopkeepers. Baba disconnected electricity of some shopkeepers and shopkeepers got relief from DCDRF and electricity meters have been installed. Baba forcibly got some shops vacated and put her locks and opened the rear gate and lifted goods from shops. Litigation is going on and courts have provided stay. Shopkeepers formed a society.
Some shopkeepers approached a PIL lawyer. Lawyer of baba agreed in HC that shops are not rooms and are illegal and they are wiling to demolish the shops. HC has directed that all shops be demolished { within a week from receipt of order}except those for which litigation is going on, and shopkeepers may claim damages from Baba in local courts. State Urban Development Agency has been pulled up by HC. Acting Chief justice has ignored the pleas of shopkeepers that they shall be without source of livelihood, and they are not at fault.
Shopkeepers feel that they should approach SC.
What should be done by these hapless shopkeepers? Kindly provide a remedy.
radha
15 March 2011 at 22:30
Dear Sir,
X- a female client submitted form with self attested copy of PAN Card,Driving License as Address proof with pin code, cheque and showed the originals to the executive of the company who compared the copies with the originals and marked OSV( Original Seen and Verified)on the copies, and filled the form and got signed from female client and submitted to company.
Mutual funds were issued by the big Indian Multinational company.
The lady submitted form for redemption of the mutual fund due to her financial need.
The payment was not received.Lady asked her husband to inquire from local financial adviser of the company whose name id printed by the company on the statement.This financial adviser made a phone call and stated cheque shal be sent in a few days.Since cheque was not received for many days, lady searched for status at website of company and copied the auto response which stated" No return of cheque/redemption warrant by courier to company" as on say ..1st march,2011,and wrote email to company.
1. Company stated cheque has been returned by courier ( Big MNC) stating " Incomplete address" on 1st march,2011. Lady copied the courier website response stating the same.
2. Lady sent email to company that she has provided correct I, address proofs and showed the originals and she stays at highly developed urban area and the family gets on average 10 couriers from the same courier every month for the last 5 years.
3. Company replied by giving re dispatch courier docket number.
4. Lady checked at courier website and found this docket number does not exist.
Lady wrote email and attached courier website response.
5. Company claimed by email docket number is not fake and that re dispatched courier has also been returned due to same reason " Incomplete address"
6. lady demanded certified copy of :
-form submitted by her, ID proof,Address proof under fair practices code.
- address published by mutual fund company to courier.
Does fair practices code apply on mutual fund company?
How to obtain copies if company does not supply?
7. Mutual fund and courier company started sending emails asking for new phone numbers and started claiming that they are investigating thoroughly and shall revert.
Result of investigation was never supplied.
8. Lady authorized by email , her husband to take up the matter on her behalf and her husband started communications by email.
9.Emails to email id Head Office at courier web site bounced.Mutual fund company claimed their local representative is trying to get in touch with investor and asked for telephone numbers.
10 Husband prohibited telephone contact and demanded :
-form submitted by her, ID proof,Address proof under fair practices code.
- address published by mutual fund company to courier.
-copy of cheque/ DD of redemption warrant.
-copy of 1st and 2nd docket of courier and original report of the delivery staff of courier declaring address as incomplete and untraceable.
- copy of the report of investigation conducted by courier and mutual fund company.
and that courier and mutual fund company should seek appointment for meeting should write minutes of meeting after meeting in place of telephone contact, and demanded penalty payment, surcharge,expenses in occurred by them, principle amount with interest.
-courier company and mutual fund company started asking for telephone contact.
- The local representative of mutual fund company somehow obtained phone number and started coercing the husband to visit courier company office and collect envelope, and report that they are satisfied.
Husband declined and escalated the complaint to MS/company secretary of mutual fund company on email.
Mutual fund company sent email that the courier company has stated during their investigation that the investor declined to sign on run sheet of the courier during both attempts of delivery and hence courier has not delivered the redemption warrant.
The lady and the husband feel duped and cheated and want to take the best possible recourse to bring the matter to a logical conclusion.
Consumer complaint is one.
but they want to initiate criminal proceedings.
Kindly advice
Anonymous
15 March 2011 at 22:29
Dear Sir,
X- a female client submitted form with self attested copy of PAN Card,Driving License as Address proof with pin code, cheque and showed the originals to the executive of the company who compared the copies with the originals and marked OSV( Original Seen and Verified)on the copies, and filled the form and got signed from female client and submitted to company.
Mutual funds were issued by the big Indian Multinational company.
The lady submitted form for redemption of the mutual fund due to her financial need.
The payment was not received.Lady asked her husband to inquire from local financial adviser of the company whose name id printed by the company on the statement.This financial adviser made a phone call and stated cheque shal be sent in a few days.Since cheque was not received for many days, lady searched for status at website of company and copied the auto response which stated" No return of cheque/redemption warrant by courier to company" as on say ..1st march,2011,and wrote email to company.
1. Company stated cheque has been returned by courier ( Big MNC) stating " Incomplete address" on 1st march,2011. Lady copied the courier website response stating the same.
2. Lady sent email to company that she has provided correct I, address proofs and showed the originals and she stays at highly developed urban area and the family gets on average 10 couriers from the same courier every month for the last 5 years.
3. Company replied by giving re dispatch courier docket number.
4. Lady checked at courier website and found this docket number does not exist.
Lady wrote email and attached courier website response.
5. Company claimed by email docket number is not fake and that re dispatched courier has also been returned due to same reason " Incomplete address"
6. lady demanded certified copy of :
-form submitted by her, ID proof,Address proof under fair practices code.
- address published by mutual fund company to courier.
Does fair practices code apply on mutual fund company?
How to obtain copies if company does not supply?
7. Mutual fund and courier company started sending emails asking for new phone numbers and started claiming that they are investigating thoroughly and shall revert.
Result of investigation was never supplied.
8. Lady authorized by email , her husband to take up the matter on her behalf and her husband started communications by email.
9.Emails to email id Head Office at courier web site bounced.Mutual fund company claimed their local representative is trying to get in touch with investor and asked for telephone numbers.
10 Husband prohibited telephone contact and demanded :
-form submitted by her, ID proof,Address proof under fair practices code.
- address published by mutual fund company to courier.
-copy of cheque/ DD of redemption warrant.
-copy of 1st and 2nd docket of courier and original report of the delivery staff of courier declaring address as incomplete and untraceable.
- copy of the report of investigation conducted by courier and mutual fund company.
and that courier and mutual fund company should seek appointment for meeting should write minutes of meeting after meeting in place of telephone contact, and demanded penalty payment, surcharge,expenses in occurred by them, principle amount with interest.
-courier company and mutual fund company started asking for telephone contact.
- The local representative of mutual fund company somehow obtained phone number and started coercing the husband to visit courier company office and collect envelope, and report that they are satisfied.
Husband declined and escalated the complaint to MS/company secretary of mutual fund company on email.
Mutual fund company sent email that the courier company has stated during their investigation that the investor declined to sign on run sheet of the courier during both attempts of delivery and hence courier has not delivered the redemption warrant.
The lady and the husband feel duped and cheated and want to take the best possible recourse to bring the matter to a logical conclusion.
Husband has communicated their resolve to try both courier/mutual fund companies in criminal courts.
Consumer complaint is one.
but they want to initiate criminal proceedings.
Kindly advice
radha
01 June 2010 at 09:36
A is Area Sales Manager(1st Line Manager) in a Pharma Company.His Zonal Manager(3rd Line Manager) pressured him to resign.A has been on medical leave due to slip disc and submitted a proper medical report from civil hopital.His Regional Manager(2nd Line Manager)stopped his field work by telegramme, and directed by a telephonic message to his team memeber not to send any periodicals to him.Company stopped the payment of his earned wages including salary and reimbursment of travel expenses.
A was later transferred from his place of posting( his Home town) to Delhi and A did not join at Delhi.A sent a legal notice to company against their decisions and stated Regional Manager(2nd Line Manager)is not authorised officer to stop his field work and to revoke his trasnfer and pay him his earned wages.
The matter is in the court.Company has challenged the jurisdiction of court as per appointment letter and aked to file thecase at their Head Office Location.
A needs the jugdments/rulings confirming that he can file the case from his home town where the cause of action took place.Kindly provide the same and give your valuable advice on the matter.
radha
17 May 2010 at 19:38
Sir,
I have read in forum that:
The ID act evisage minimum 1 month notice period for worker. notice period will be as per company's standing order it will be one month or three month. most of campany decided three month notice period for staff and one month for workers.
Kindly clarify:
1. If an employee's notice period mentioned in his appointment letter is 1 month, would he be a worker and can he raise Industrial dispute.
2. can a company after writing notice period as 1 month in appointment letter, increase it to 2 months by a letter signed by Associate Director-HR to the employee and obtain its receipt from employee, and then claim that notice period is 2 months ( all this during the period attrition in the company is high) and then again decrease the notice period by a letter signed by Associate Director-HR to the employee and obtain its receipt from employee, and then claim that notice period is 1 months ( All this during the period the company is in te process of obtaining resignations from the employees /terminating employees to replace them with new manpower).
Is this increase/ decrease legally correct and valid.
What should be the correct notice period in this case.
Can the benefit of incresae in notice period and hence notice pay once given be withdrawn in case the employee is either terminated or a notice of resignation is given.
3.After this exercise of increase/ decrease in notice period and finally notice period once again being 1 month, can the employee raise ID in case of termination.
4.After this exercise of increase/ decrease in notice period, can the company keep notice period of 1 employee as 1 month and another as 2 month, evn if the employees are at the same designation.
Regards
Radhabeas@gmail.com
radha
16 May 2010 at 12:46
Sir, Kindly advice on below mentioned case:
X had served Pharma companies of ranking 1st and one of top 10 companies in India as a Medical Representative, with meritorious service record.Later he was selected by a new company as a Area Manager and he established it in his Area with his efforts and knowledge from previous years.He was promoted to the post of Regional Manager by this company.He continued to contribute in strategy making and assisting his superiors/General Manager(GM).For his next promotion company asked him verbally to shift to Delhi, but offerred a meagre hike in salary.Due to his family reasons he expressd he can not shift.The company appointed a Sales Manager(SM) above him, and this guy was an old colleague of GM.SM started working autocratically and to show results started malpratices,and X did not become a party.SM was in tussle with X.Company intiated a talk to promote X to Deputy SM, but it did not materialise.SM developed cases against X, and influenced reportees of X to be against X.X sensed trouble and started developing his alternate sources of Income.SM and GM called X for a meeting by telegramme, a day before team meeting of X and told verbally they have decided to for sepertion with X and X should resign or face termination. X declined to resign and company terminated him levelling chrges of false rerporting loss of confidence, inability to lead, insatisfactory performance.X after legal notice filed suit in civil court, for reinstatement with full back wages. X has clarified there was no false reporting, and he has given teh best contribution and growth and Managers performing lower than him are still in employment of the company.
Company sent him the notice pay and asked to sign for full and final payment and did not include in F&F his legitimate dues e.g pending tour expenses and marketing expenses etc
Company has not paid 15 days salary, reimbursment of tour expenses and marketing expenses,leave encashment etc although X has been sending emails for an year.
X has been informing the CMD/Chairman of the company based abroad about malpractices of this company officials and the GM of X was made to resign, and his SM is sitting at the door to exit anytime.Everyone in Indian HO knows the emails sent to CMD are sent by X.
Can Co. hold the payment of his dues for last one year.
Should the company send the payment of his gartuity on their own.
The new SM ( old colleauge of X) has been requesting X not to send legal notice for release of his withheld payments and commented that the Company layer may file an application in court in next date that although the case is in court, X is sending emails to company asking for his payment.
Can the company lawyer do it.
What is the merit in this case.
Kindly advice on this case.
radha
18 April 2010 at 21:01
Dear Experts.
Kindly help on the following. Elaboration is given in the attached file.
In case of dispute with Mobile phone company:
1. How to get copy of SEF (Subscriber Enrollment form) if the company does not give it despite many request.
2. How to claim and get interest, if the refund of security by vacating lien is delayed after suspension of connection.
3. How to claim and get interest, if the refund of security paid by credit card is delayed after suspension of connection.
4. How to get the SR (System Reference) number with Date and time of registration for DND, from company if the customer had registered by calling helpline number in year 2001, and has lost the confirmatory SMS, and company is bent on not giving any access to the record.
How to establish and if it is the company which delayed the submission of the data to NDNC for DND registration.
5. How to get the copy of verification report of the verification, for the issue of the new connection from the company. Can this be obtained under RTI, or by court order? If yes kindly provide the details.
Can any company issue a new connection without a physical verification by visit of their employee at the customer's address? (They write on SEF physical verification shall be done and customer should cooperate)
6. How to get CDR (Call data Record) of the date he claimed as date of registration for DND. Can this be obtained under RTI, or by court order? If yes kindly provide the details.
7. How to get the copy of airway bill and POD from the company vide which they claim to have delivered the bills.
8. Can the company refuse to:
-Send the original bill by registered post.
-authenticate and attest the photocopy of the bill by their original seal and signature.
-and can they force the customer to remain satisfied by a photocopy in case original bill is not delivered.
9. What should be done if the company submits to consumer form that no written complaint on internal form under receipt, by registered post, by email was ever received, even if the customer has submitted the proofs?
10. What should be done if the company does not reply to letters for arbitration?
11. How to get the complaint admitted in State forum in case of delay?
Your expert opinion shall help a genuine and good customer get justice, and succeed in penalizing the company for its gross misconduct, excesses, and illegal activities.
radha
07 April 2010 at 18:30
Mr. Abbey has been terminated from his service by a Pvt Insurance company from the post of Manager, without assigning any reason.He was made to answer many of emails regarding his low performance.
He was issued a show cause notice, to which he replied and explained, and asked the company to withdraw the show cause notice,and the company did ot withdraw the show cause notice and no persuant action was taken by company.
Mr. Abbey want to challenge his termination and wants to inspect his personnel file maintained at the HR deptt at Head Office of his company.
Can he claim the inspection as a matter of right?
Is the company under obligation to show him his personeel file? can the company refuse for this?
Can he later amke the company bring is personnel file to court?
What are the options available to him.
Kindly advoce.
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Harassment and threats by citi bank india
Dear Sir,
The details are provided hence the first post is bit lengthy. Kindly accept it for once and all.
Having explained the future posts shall be short.
The Credit Card is issued by Citi Bank India 18 years back and there is not a single default in payments. Based on the excellent history Citibank local branch sold add on card for spouse, to the customer.
Citi Bank has not been providing satisfactory services. It has not been supplying bills on time and levying charges. The courier employed by ban M/s Blue dart was hand in glove with bank and would send false information’s. It held on to renewed card with it for more than a wee k in its office and posted that on complaint posted that customer declined to receive. The street is CCTV covered and customer called the bluff of courier and bank. The bank does not act on courier for obvious reasons.
Customer has permanently blacklisted the Bluedart/DHL courier in writing to courier and bank.
The Citibank was instructed to send bills by Registered Post only. The statement is from 22nd to 21st of the moth and payment due date is changed and sometimes it is 7th sometimes some other date. In place of dispatching the bill by say 24th/25th or even 25th of the month ,the bill is dispatched at times on 7th of the next month i.e. the due date of payment.
The customer has been lodging written complaints by phone calls, in writing.
The local Citibank at place of CC holder, Regional Office at Delhi, Grievance Redressal Officer at Chennai, Principle Nodal officer (Sitaraman) , MD ( Muge Yuzuak), at Mumbai, all were approached. The in charge at Delhi one Tyagi stated that customer may speak to him and he shall resolve the problems. He was changed and then Anshu saini, Vijaylaxmi, joined in his place. Everyone cajoled the customer to not to issue any legal notice and approach court of law. But No one acted and removed the deficiency.
The customer goes to the bank and lodges complaint and get duplicate bill under protest and makes the payment before due date. The payment is debited from a/c of customer before/on due date.
Interestingly the BM and his staff when see that customer is determined they call concerned dept and give in writing that Bill is dispatched By Redg. Post on 23rd of the month. Thereafter Citibank gives in writing that customer should go to Post Office and find out why the Bill is not delivered by post office, while it is CitiBank that has to supply the POD. The Citibank supplies a screenshot (manufactured and fabricated) from its computer to claim that Bill was dispatched on 23rd. The customer has obtained written conformation from post office that Bill was dispatched from Chennai on 8th of next month and this calls the bluff and fraud.
The payment is debited from a/c of customer before/on due date.
Still CitiBank levies penal charges to the tune of 3.75%pm, and has not paid these back, despite having provided the proof of delay, and debit of payment from bank a/c on due date.
One late evening the customer due to age and darkness in ATM inserted the Citibank Credit Card instead of ATM card and withdrew cash. Later having realized, the next day customer paid the withdrawn amount to local branch of Citibank. Citibank levied amount of Rs.300+interest on it for one day usage, in its bill. The customer has never agreed for such charges and moreover the charges are more than advertised by Citibank on its website. The query was lodged in writing with BM, and BM was asked to explain how the charges are calculated but he did not and neither wrote back nor any of Citibank explained in writing and nor has refunded any amount.
The vendors of Citibank apply 2% charges on CC usage, that as per RBI guidelines can not be levied, on the contrary CitiBank employee at Delhi Anshu saini, Vijaylaxmi claimed that Citibank has the right to earn from 2% charges levied by the vendor and whole 2% or 0.5% comes to it. All of the offices of Citibank declined to refund the 2% charges.
The Citibank till date has not accrued old and new rewards points and did not supply printed details of choice of gifts, and forms to redeem the points and collect gift.It did not even allow the customer to use the computer in branch to file it from branch.
The BM and others above BM or atleast the internal ombudsman/Grievance redressal Head/Principle Nodal Officer/MD/Business Head, should have acted and terminated the employment of person that were party to such illegal acts.
On the contrary everyone became vindictive and started leveling false allegations, of derogatory and abusive language.
The customer met BM in his cabin with door closed and talked gently and each time BM would mention that other customers are getting to know of the deficiency and business shall be affected. However he did nothing to remove the deficiency.
The latest local BM has become harsh, threatening and would resort to intimidating language,-gestures (Ghoorna with anger) –staring and instructed the staff under him to not to entertain the customer and call him whenever customer comes to branch and he would dictate the staff on phone and staff would stop doing anything to attend and resolve the complaint.
Rather Citibank in highly arrogant manner wrote that there are other Credit Card issuers in market and customer may buy card from them.
The customer demanded CCTV footage with audio (Citibank has it in all offices and all calls are recorded) and affirmed in writing to pay if there any charges for it. So far Citibank has maintained studied silence on it. The customer is willing to listen verbatim and decipher meaning of each word and conclude if any derogatory and abusive language was used.
Everyone in Citibank has turned vindictive and now issued a notice that customer has been resorting to derogatory and abusive language and within next 30days the credit card shall be cancelled. About 10 days are remaining.
The cancellation of credit card on such charges shall have permanent damage to repute and credibility of the customer that has never defaulted and been believing that one day the bank shall change its ways.
Kindly suggest the bets approach.
Can customer obtain stay on Card Cancellation from consumer forum as interim relief?
Can customer obtain stay on Card Cancellation from civil court as interim relief, till suit is pending?
What all can be done by customer to defend the rights and penalize the bank, be it by consumer, civil or criminal case.