Missed calls

After reading Nokia’s advisory notice in the media, I registered my battery number online. On the same day, I received an e-mail from Nokia that the battery would be replaced shortly free of cost. I am yet to get a replacement from Nokia. Meanwhile, I visited two Nokia Care Centres on G.C. Avenue and Mission Row. Both the centres refused to replace the battery because, they said, I have lodged my complaint on the Internet. But people who went there for the first time got a replacement on the spot. I fail to understand why I’m being faulted for registering my complaint more than a month ago, following Nokia’s advice.

Pronab Kumar Saha,
15, Taltala Library Road,
Calcutta-700014

Company Response: No response.

The expert: If despite repeated requests the battery has not been changed by Nokia, it is clear that it “speaks of unfair trade practice upon making a false or misleading misrepresentation concerning the need for, or the usefulness of, any goods or services,” [Section 2 (r) (vi)]. This is a fit case where the complainant can approach the consumer forum alleging unfair trade practice on the part of Nokia and its distributor from whom the complainant purchased the Nokia set. In such cases, the complainant can claim compensation for harassment and mental agony as also the cost of the proceeding.

 

Home truths

I purchased a flat from Bengal Shrachi Housing Development Ltd (BSHDL). A covered car parking space was part of the deal. The flat has been transferred to my name from the first owner, Brig Suresh Menon. The transfer required me to pay a three per cent transfer fee to BSHDL as per their terms and conditions on January 12, 2007. BSHDL issued me a new allotment and possession letter. As there is no change in the total amount paid to BSHDL, legally, all the terms and conditions remain valid for this allotment too. Recently, they allotted me a parking space, which is not on the ground floor of the building. Instead, it is a space with a temporary acrylic sheet. They took Rs 1,75,000 for the covered parking space for residents and in the allotment letter (dated 08.03.2004) agreed to allot the space on the ground floor of Coral Isle building.

I wrote to them stating the following:

Though I paid the same amount as others, I have not been allotted a parking space in the ground floor of the building, Coral Isle.

The parking space allotted to me is not even a permanent structure. It’s an open one with a temporary shade, while the parking spaces on the ground floor of Coral Isle are of a permanent nature. There will be a recurring maintenance cost for my parking space. Why should I bear this cost?

I am not sure whether the space allotted to me is indicated in the approved site plan or not. I have asked the promoter to provide me the approved site plan indicating my space. But they have not replied yet to my letter dated July 24, 2007.

The size of the parking space is around 99 sq. ft, which is below the standard 120 sq. ft size. I am not able to park any mid-size car in this space. What do I do?

Kaushik Bhattacharya,
Shrachi Greenwood Nook,
Coral Isle, Flat No. 12RB1,
369/2 Kalitala Road,
Calcutta-700078.

Company response: In this context, we would like to refer to our general terms and conditions: “While every endeavour will be made to provide each applicant with at least one parking space and their preferred type of car parking facility, the applicant, however, will be required to accept the decision of Bengal Shrachi as final and binding. Earmarking of specific parking space will be done in due course.”

After earmarking of specific parking spaces, we have vide our letter dated July 7, 2007, allotted the consumer a covered car parking space (No. C-123) situated in the same complex of Greenwood Nook, (369/2, Kalitala Main Road, Purbachal, Kalikapur) instead of the ground floor of the Coral Isle building where your flat is located.

All parking spaces under the Coral Isle had already been allotted on a first come, first serve basis. Having no other option, yet in our endeavour to allot the consumer a car park, we have allotted him this space in the same complex.

In any construction project, we have to adhere to various stipulations prescribed by the appropriate authorities, thereby restraining ourselves in dealing with the spaces for any other purpose without their approval.

Authorised Signatory, For Bengal Shrachi Housing Development Ltd, A Joint Sector Company with West Bengal Housing Board, Shrachi Towers, 686, Anandapur,
E.M. Bypass-R.B. Connector Junction,
Calcutta-700107
West Bengal

The expert: It is indeed unfortunate that taking advantage of unilateral fine print a company of repute like Bengal Shrachi Housing Development Limited has started indulging in round dealing with the complainant upon receipt of Rs 1,75,000.

Their conduct not only tarnishes the image of the West Bengal State Government but also exposes their tendency to indulge in an unfair trade practice.

Since the very approach of the company comes within the definition of Section 2(r) of the Consumer Protection Act, 1986, wherein the details of unfair trade practices have been stated, the complainant can initiate proceeding against the company before the consumer forum highlighting how they are bent upon indulging in round dealing upon receipt of Rs 1,75,000. In such cases, the complainant can claim compensation for harassment as also for mental agony and can also seek the cost of proceedings.

 

In the freezer

I purchased a Videocon refrigerator (model No. S220SSDX/SI-424-215LTD) on July 13, 2007, from the NEXT retail shop [493/C/A, Vivek Vihar, Block-E, G.T. Road (S), Howrah], upon payment of Rs 8,200 in cash. The very next day, water started leaking from the bottom edge of the door, and water droplets started forming inside the fridge. We immediately informed the seller, requesting a product replacement. The retailer refused to do so and sent the service centre people. After inspection, I was told that water was leaking owing to the level of moisture in the air. Surprisingly, I have another eight-year-old Samsung fridge in excellent working condition. The service people tried repairing the one-day-old fridge by stuffing some cotton inside the rubber of the door, but this didn’t work. Which is when they decided to change the door. I refused to allow them to change my brand new refrigerator’s door. The problem is still pending. What is my remedy?

Ranjana Gupta,
W/o Sanjay Gupta,
B-8, G-Type, Ground Floor,
Ganges Garden,
106 Kiron Chandra Singha Road,
Howrah-711102.

Company response: No response.

The expert: From the complaint, it appears that the complainant sent her complaint to a different address and that is why the matter has not been addressed. Kindly lodge your complaint with K.M. Dass, regional manager, Videocon C&H shed, 15, Remount Road, Calcutta-700023. Your problem is likely to be sorted out soon.