Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Manufacturing defect in water purifier

Hi, I purchased a Eureka Forbes water purifier on June 6, 2012 and  within 10 days it's water tap started giving me troubles. I called customer service and they said water tap will be replaced or repaired. i don't want a repaired unit within less than a month. Can I ask them to replace the water purifier? Is there a law for this.



Learning

 4 Replies

Deep Narayan (learning)     16 June 2012

U can ask them for this bt total replacement comes only if the problem continues. ask them for replacement if they do it ok. if they dnt then repair and use. and if further problem continues ask them to replace and if they dnt then move to consumer court.

Kumar Doab (FIN)     16 June 2012

Payment of Gratuity Act, 1972

Section: 2A
Continuous service.

(1)   an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service…………

(2)

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than –

 

 

Service rendered by an employee as work charged/ stop gap basis/ adhoc basis as also paid from contingencies

https://www.bcetgsp.ac.in/chapter8.php

 

  1. Such service is followed by regular employment.
  2. Such service shall be a full time job (and not part time or portion of the day).

Period spent on foreign service/assignment in or outside India if contributions towards pension are paid to the College by the foreign employer or the employee himself.

You may also read,Bank of Baroda PF rules:

“If  any  member  of  the  fund is  transferred  to  any  office  of  the  Bank  outside 

         India in respect of which no other Provident Fund is established he/she shall 

         continue to subscribe to this Fund and the Bank shall continue to contribute to 

         this Fund in the manner herein provided. 

and

21.      “The accumulated balance standing to the credit of a member according to the rules 

          shall be payable on the day he ceases to be a member of the Fund and shall be 

          paid to him within one month from the date he ceases to be  a member of the 

          Fund  whether  on  account  of  death  or  retirement  of  such  member  or  the 

          termination of his service and interest on such amount shall cease to be added in 

          the  individual  account  of  such  member  on  such  payment”

Following periods do not qualify for pension:-

Period of Foreign Service in or outside India when no pension contributions are paid to the College.

 

General Provident Fund-cum-Pension-cum-Gratuity Rules:

8.2 These rules apply to:-
All employees who are in the service of the College.

 

As per EPF rules:

Transfer of Provident Fund account:
Transfer of Provident Fund account from one region to other, from Exempted Provident Fund Trust to Unexampled Fund in a region and vice-versa can be done as per Scheme. Transfer Application in form 13 may be submitted to the concerned Provident Fund Office.

https://www.epfindia.com/exemption_er.htm

 

TO BE OBSERVED BY THE ESTABLISHMENT GRANTED EXEMPTION UNDER SEC.17(1) (a) OF THE EMPLOYEES' PROVIDENT FUND & MISC. PROVISIONS ACT 1952  

1. The employer in relation to the said establishment shall provide for such facilitation for inspection and pay such inspection charges as the Central Govt. may from time to time direct under clause (a) of such section 17 of the said Act within 15 days from the close of every month.

7. The employer shall establish a Board of Trustees for the management of the Provident Fund according to such directions as may be given by the Central Provident Fund Commissioner or by the Central Government as the case may be from time to time.

9. The Board of Trustees shall meet at least once in every three months and shall function in accordance with the guidelines that may be issued from time to time by the Central Government / Central Provident Fund Commissioner or an officer authorised by him.

10. The accounts of the provident fund maintained by Board of Trustees shall be subject to audit by a qualified independent Chartered Accountant annually. Where considered necessary, the Central Provident Fund Commissioner shall have the right to have the accounts re-audited by any other qualified auditors and the expenses so incurred shall be borne by the employer.

11. A copy of the Audited annual provident fund accounts together with the audited balance sheet of the establishment for each accounting year shall be submitted to the Regional P.F Commissioner within six months after the close of the financial year. Financial year shall be from the 1st of April to the 31st of March.

12. The employer shall transfer to the Board of Trustees the contributions payable to the Provident Fund by himself and the employees by the 15th of each month following the month for which the contributions are payable . The employer shall be liable to pay damages to the Board of Trustees for any delay in payment of the contribution in the same manner as an un-exempted establishment is liable under similar circumstances.

14. Failure to make investments as per directions of the Government shall make the Board of Trustees severally and jointly liable to surcharge as may be imposed by the Central Provident Fund Commissioner or his representative.

16. The Board of Trustees shall maintain detailed accounts to show the contributions credited, withdrawal and interest in respect of each employee.

17. The Board shall issue an annual statement of accounts to every employee within six months of the close of financial year.

18. The Board may instead of the annual statement of accounts issue pass books to every employees. These pass books shall remain in the custody of the employees and will be brought up-to-date by the Board on presentation by the employees.

22. The employer as well as the Board of Trustees shall submit such returns to the Regional Provident Fund Commissioner as the Central Government / Central Provident Fund Commissioner may prescribe from time to time.

24. Notwithstanding anything contained in the Provident Fund Rules of the establishment, if on the cessation of any individual from the membership of the fund consequent on retiring from service or on taking up the employment in some other establishment , it is found that the rate of contribution , rate of forfeiture etc. under the P.F Rules of the establishment are less favourable as compared to these under the statutory scheme the difference shall be borne by the employer.

https://www.google.co.in/#hl=en&sclient=psy-ab&q=Is+foreign+service+counted+in+continous+service+for+gratuity&oq=Is+foreign+service+counted+in+continous+service+for+gratuity&aq=f&aqi=q-w1&aql=&gs_l=serp.3..33i21.13052.26739.0.27086.60.57.0.2.2.7.1629.33127.3-11j16j16j9j3j1.56.0...0.0.eRbttET2sgc&pbx=1&bav=on.2,or.r_gc.r_pw.r_qf.,cf.osb&fp=6c70d6820aca9569&biw=800&bih=463

 

Look into the terms and conditions of warranty. Has the customer care issued a complaint number?

Submit written complaint subsequent to telephonic complaint mentioning date of call, name of customer care executive, phone number of company and demand to issue complaint number. Write your comments on the job card brought by technician and mention his company employee id number and the problem faced by you and ask for customer copy. If there is no copy ask him to bring a copy. If the problem persists repeat complaint by phone and email and write comments on job card, and demand replacement.

Obtain address, phone number of regional office/local office of company and keep them in loop.

If the problem persists tell them that you shall approach consumer forums like

pehredar@network18online.com

www.grahakseva.com/

, legal forums, courts of law.

Sanyam Malhotra (Advocate)     16 June 2012

first send them a notice to replace the defective product. if the offer just repair and say it is as per the T&C of the contract and you still want a replacement file a complaint asking for replacement and also damages for mental agony and harassment meted out to you.

Kumar Doab (FIN)     16 June 2012

 

Kindly ignore the previous post.

Look into the terms and conditions of warranty. Has the customer care issued a complaint number?

Submit written complaint subsequent to telephonic complaint mentioning date of call, name of customer care executive, phone number of company and demand to issue complaint number. Write your comments on the job card brought by technician and mention his company employee id number and the problem faced by you and ask for customer copy. If there is no copy ask him to bring a copy. If the problem persists repeat complaint by phone and email and write comments on job card, and demand replacement.

Obtain address, phone number of regional office/local office of company and keep them in loop.

If the problem persists tell them that you shall approach consumer forums like

pehredar@network18online.com

www.grahakseva.com/

, legal forums, courts of law.


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