Buyer beware

On 25.08.1989, I booked shop no. 9 in Ajanta Housing, a market complex on Chandmari Road, Bakultala, P.. Danesh Seikh Lane, Howrah 711109 from a promoter and paid Rs 10,000 by cheque no. 156962 drawn on Indian Bank, Bhowanipore, Calcutta, as the booking amount vide their money receipt no. 388/89-90 dated 25.08.1989.

The total value of the shop was fixed for Rs 30,000. The balance amount i.e. Rs 20,000 was to be paid in full at the time of possession.

On 10.01.1990, I requested the promoter to supply the sale agreement deed and papers vide registered letter no. 2121 but to no avail.

Having received no communication, I visited the promoter’s office where the manager Anand Sharma told me that on completion of the shop, they would inform me and the papers would be signed.

After that my representatives and I visited the promoter’s office several times but they sent us back empty-handed, under some pretext or other.

On 29.08.1998, I wrote a registered letter no. 6999 to the housing project, requesting them to help me lay claim to the aforementioned shop. On 10.09.1998, M/S Ajanta Housing Projects Ltd wrote to me asking for the relative money deposit receipt for future course of action.

I hand-delivered a letter dated 08.10.1998 along with the photocopy of the money receipt no. 388/89-90 dated 25.08.1989 for Rs 10,000 but got no reply. Again I sent a letter by hand on 16.11.1998, and received no reply.

I haven’t as yet received a reply to the letter written to the promoter on 08.12.1998 and sent by registered post no. 1188. Meanwhile, the promoter sold the said shop no. 9 to a PCO booth owner without informing me. What can I do now?

Manju Singh,
58/B Turf Road, Calcutta 700 025

The company: Manju Singh did not turn up to pay the balance amount of Rs 20,000 till 1998, despite our sending several reminders. She was meant to take possession of the shop on making the full and final payment of Rs 20,000 but she did not turn up.

After waiting for about 10 years, we had no option but to give the shop to another person and to refund the booking amount of Rs 10,000 to Manju Singh. In this context and with reference to the letter dated 28.01.2005, we have sent a pay order of Rs 10,000 drawn on Syndicate Bank, Howrah branch, to Manju Singh with registered A/D, towards her booking money.

The expert: In view of the reply given by the Ajanta Housing Project Limited, the complainant can at best claim interest from the said housing project and if the same is not acceded to, the complainant can present the matter before the consumer fora.

Payment denied

I have submitted in original four FDRs issued by IFB Ltd, 8/1, Middleton Row, Calcutta 700071, bearing numbers, LF/C/98/91452 to LF/C/98/91455 dated 28.06.1998, each of Rs 15,000 amounting to Rs 60,000 for payment on maturity, and the same has been received by them (IFB) on 25.6.1999. But to date, I have not received my payment or any reply from IFB despite two reminders. What is the solution?

Lipika Ray, C/ Joydeb Roy,
Village & P.. Higal Pukuria, Habra, North 24 Parganas
Pin? 743271

The company: No response from the company.

The expert: From the complaint it appears that the fixed deposit so made matured long ago and the complainant had written the last reminder on 24 .08.2001. As per Section 24(A) of the Consumer Protection Act (COPRA), the complaint is to be made within a period of two years from the cause of action. In the present case, already four years have elapsed. So the COPRA will be of no help to the complainant.

Taken for a ride

I retired on 29.02.2004. Before my retirement, I had gone to Mumbai on a company assignment with prior approval from the CMD, DPL and an authorisation letter from my departmental head. I submitted the TA bill in a file along with all original documents. The total TA bill was Rs 6,220.

I submitted the bill forwarded by the departmental and sectional head to the managing director’s office on 03.02.2004. After that I retired on 29.02.2004.

I sent several letters to various functionaries of DPL ? right from the chairman to the departmental head?but have received no response. Please advise.

Sujit Kumar Banerjee,
Ex-asst manager (Elec.),
Elec. Maintenance, DPPS, DPL,
551, Khanpukur, Kalnagate Bazar, Burdwan 713 101

The company: No response from the company.

The expert: The matter complained about relates to travelling allowance in connection with a service matter which does not come under the Consumer Protection Act. There are service tribunals to entertain and adjudicate disputes in connection with the service/job.

Assets & liabilities

This is to inform you that I have deposited Rs 20,000 on 29.11.2001 in Century Marine Venture Limited, situated at 3D, Everest House (third floor), 46C, Jawaharlal Nehru Road, Calcutta 700071. The maturity value of the certificate is Rs 25,600 and the date of maturity was 29.11.2003. I have deposited my certificate along with the maturity cheque to the company for payment. But no action yet has been taken by the company. I am a retired teacher and want to get my maturity amount at the earliest. I need your help.

Anjali Banerjee,
Saraju, (behind hospital)
P.O. Bishnupur,
District: Bankura, 722122

The company: No response.

The expert: The deposit so made has matured on 31.7.2003 and as per the settled principle of the law, the complaint, if any, before the consumer fora will have to be made within two years from the date of cause of action as per Section 24(A) of COPRA. So there is very little time left to place your grievances before the appropriate district consumer fora under which the company has its registered office.

In a spot over a fixed deposit scheme

With reference to your expert’s advice in Helpline dated October 14, 2004, I had written to Hon’ble Justice V.R. Datar on October 14, 2004 regarding the refund of my fixed deposit with Lloyds Finance Limited. I had sent him all relevant documents by registered A/D post. But I have yet to receive any response. I am at a loss. What should I do now?

Col. Subhash Chandra Basu (Retd), Patri International, 10B, Sainik Nagar, Darbaria, P.O. Jagannathpur, via-Nabapalli,Pin 743 203, District 24 Parganas

The expert: The address of the Special Committee appointed by the high court in Mumbai with regard to Lloyds Finance Limited has changed. The present address is Viraj Impex House, Second floor, 47, P. D’mello Road, Mumbai 400 009. Justice A.B. Palkar, retired judge of the high court in Mumbai, has been appointed as chairman of the Special Committee.

In view of these circumstances, kindly take the pains to redirect your grievances to Justice A.B. Palkar, chairman, Special Committee, Lloyds Finance Limited at the address above.