Payment delayed

In The Telegraph dated 16.02.2006, I read about a complaint from Rathin Kumar Bose against DCM Ltd. The company stated that since Bose had not surrendered the original 19.5 per cent non-convertible debenture certificates, no payment was made to him. In my case, 20 debenture certificates, against Folio No. 100805 and 100806 duly discharged, were surrendered to the company on 04.08.1998. The company under their surrender no. 6892 and 6893 had acknowledged that. Now it assures me that the payment will be made only after the order of the high court. What do I do now?

Banowari Lal Pareek, 23/C, Kalakar Street, Calcutta 700007

The expert: Just to avoid further delay, it is advisable for the complainant to collect details of the case pending before the high court. Thereafter, on the advice of an advocate, he should file an application to give vent to his grievances. That way, the matter can be expedited.

Small screen woes

M/s Sudarsan Infocom Welfare Society is the distributor of cable TV connections on Burnpur Road in Asansol. But for some reason, it refuses to give me a cable TV connection. Another cable operator, Singh, who runs his business in the neighbouring area, is willing to give me a connection. But unless M/s Sudarsan gives permission, he is unable to do so. Could you please tell me how I can get my cable line installed by Singh and, at the same time, take action against M/s Sudarsan Infocom Welfare Society? The distributor will neither give me a cable connection nor is it allowing any one else to do so.

Singh is unable to give me a connection as he works under M/s Sudarsan which has allotted separate areas/zones to each of these operators. One operator cannot encroach on another’s zone/area, which indicates that M/s Sudarsan has a monopoly in the area. There is no one to question its activities. What am I to do now?

Subrato Banerjee, The Trident, B.C. College Road, Hillview Main, Asansol 713304

The expert: The complaint clearly shows that the entire dispute is the result of an ego clash. In the present instance, it cannot be said that the complainant is a consumer since no agreement has been executed by and between the parties so far, in which the cable operator expressed its willingness to provide a cable connection to the complainant. So to get such a facility from the cable operator, it would be wise for the complainant to request the local police to act as the mediator. In any case, the matter complained about does not fall within the jurisdiction of a consumer court.

In a fix

My fixed deposit with Medinova Diagnostic Ltd matured on 27.01.2004. In spite of completing all formalities from the date of maturity, Medinova officials haven’t returned the matured amount along with the interest. They come up with some pretext or another, thus indulging in an unfair trade practice with the depositors. I filed a case before the Calcutta District Consumer Forum, Unit I. The Forum directed Medinova to pay me the matured amount along with compensation. But in spite of communicating the order, Medinova has not paid me a penny. How do I get the order enforced?

Ratan Gupta, 112, Jadu Park, Calcutta

The expert: In such circumstances, prior to initiating an execution proceeding before the district fora for an implementation of the order, it is necessary to make an inquiry and find out if Medinova has preferred any appeal before the State Consumer Disputes Redressal Commission, West Bengal. If it appears that no appeal has been preferred, the complainant can initiate the execution proceeding before the district consumer fora, Calcutta, Unit I immediately. However, if any appeal is preferred, the complainant should appear in the appeal waiving notice and pray for hearing of the matter.

Justice delayed

We have two fixed deposits with Duncan Industries Ltd., which matured on 18.01.2002. Unfortunately, we are yet to receive 95 per cent of the principal amount. On 18.01.2005, the company promised to pay fixed deposit holders according to the scheme approved by Calcutta High Court. The company has accordingly paid at the rate of five per cent of the principal amount which is a paltry sum of money, especially after four long years. Could you please suggest a way to get back the matured amounts?

Tapan Kumar Majumdar, Pranati Majumdar, 127, P.B. Road, Shyama Pally, Calcutta 700034

The expert: Non-payment of the fixed deposit amounts upon maturity clearly speaks of deficiency in service on the part of the company. Thus it would be wise to initiate a proceeding before the district consumer fora under whose jurisdiction the company has its registered office, provided the complainant, in the meantime, has not already approached the Company Law Board or the high court.