Payment default
My wife, Sushila Singh, and I had invested in fixed deposits with Morepan Laboratories. We had sent the discharge certificate to the company in New Delhi by registered post before the date of maturity. Despite our repeated reminders, Morepan has not only made no payments so far but has also not cared to reply to any of our letters.
Bharat Bhushan Singh,
P-692/B, Block , New Alipore, Calcutta-700053.
The company: No response.
The expert: From the information available, we have ascertained that Morepan Laboratories has obtained an ex-parte stay from the High Court of Himachal Pradesh over the disbursement of matured fixed deposits. Under such circumstances, it would be wise for the consumer to obtain full details of this and, upon obtaining proper legal advice in the matter, to proceed against the company, provided there is no bar on such proceedings.
Deposit trouble
My wife and I have four fixed deposits under the monthly income scheme with M/s Duncan Industries Ltd. The deposits matured by late 2003. But the company has neither returned the principal amount nor paid the interest. I understand the company has gone to the Board for Industrial and Financial Reconstruction. What is my remedy?
Timir Baran Dasgupta,
121/1 N.S.C. Bose Road,
Calcutta-700040.
The company: No response
The expert: Section 22 of the Sick Industrial Companies (Special Provision) Act 1985 does not bar the hearing of a complaint filed under the provisions of the Consumer Protection Act, 1986. This decision by the National Consumer Disputes Redressal Commission was reported in 2006 () CPR 238 (NC) in the matter of Sneha Dyechem Limited vs Jyoti Rathor. This being the position of the law, the consumer forum/commission can entertain, try and adjudicate the complaint without hesitation.
Subscription woes
I paid for a five-year subscription of India Today (subscription number: 471TE 1521485). As per the announcement I was to receive a touch dial ID phone as a free gift. The company sent me a phone in October 2005 but it did not work. When I informed the India Today office, they advised me to return the instrument. Accordingly, the instrument was returned to the Calcutta office on November 2, 2005. Thereafter, I wrote to their manager (customer care), on July 6, 2006 and manager (subscriptions and customer care) on September 6, 2006 to request an alternative free gift, failing which I requested them to cancel my subscription and refund four-fifths of the subscription amount already paid on a pro-rata basis. The company’s office at Videocon Towers, 13th Floor, E-1 Jhandelwan Extension, New Delhi-110055 has not cared to even acknowledge my letters. Is it possible for me to get relief under the Consumer Protection Act?
Indranil Banerjee,
FE-301, Calcutta-700106.
The company: No response.
The expert: From the complaint, it appears that for a five-year subscription, you are supposed to get a touch dial ID phone and to keep the promise the publication house sent a phone which, however, was defective. On the advice of the manager, customer care, of the publication house, you sent back the defective set but to date, have not received a defect-free instrument. Undoubtedly, you have been seriously harassed but since you have not paid for the instrument, you cannot claim a refund or compensation.
Pension delayed
I used to work for a multinational corporation that has its head office at Gurgaon. After I resigned, the company forwarded form 10C (Employees’ Pension Scheme), form 19 (Employees’ Provident Fund Scheme) and form 3A for the year 2005-2006 to the Regional Provident Fund Commissioner, 5th-7th floor, 60 Skylark Building, Nehru Place, New Delhi-110019 on May 16, 2006. Since then, I have sent two letters to RPFC at this address. To date, there’s been no response. Please advise how I can get back my dues at the earliest.
Rana Nag,
D-14, Kali Chatterjee Avenue,
Garia, Calcutta-700084.
The company: No response.
The expert: It appears that the complainant had sent two letters to the Regional Provident Fund Commissioner in New Delhi to get Provident Fund dues but received no reply. Under such circumstances, it would be wise to send a letter again under registered post to the commissioner to request him to do what’s required in the matter within a stipulated date. In case of a default, the complainant should take up the matter before the appropriate forum for proper relief and redress.
