Not as cool as it sounds

In November 2004, we purchased a refrigerator from Khosla Electronics, Garia, Calcutta 700047. We selected a Godrej 180L model in cherry colour. We made the total payment through my debit card. Two days later, the refrigerator was delivered to my residential address. However, we were given a blue refrigerator instead of the colour we’d chosen. Since the date of delivery, I have approached the dealer many times over. Each time I was told that I’d have to wait for a fresh consignment. I even requested them to refund my money or let me replace the model with another one of a different make. But my pleas went unheard.

If the model I paid for was not available, then was the dealer justified in accepting the order? I do not know how to solve this problem. Please suggest a way out of this mess.

Smita Ray,
Garia, Calcutta 700094

the company: No response.

the expert: You haven’t mentioned if you are using the model that you have received. Ideally, you should have returned the refrigerator at the time of delivery. If you still haven’t used it, then you can press for replacement.

Whatever the case, it is clear that the dealer has violated the terms of the contract. This, by itself, amounts to deficiency in service for which you can drag him to the consumer court.

However, it is better to settle this matter across the table. Remember, the consumer is king. You should visit the dealer once again and give him another reminder.
If he still refuses to cooperate, then meet a lawyer who will tell you what to do next. Make sure you have all the relevant documents in hand — cash memo, receipt, order slip, etc. You can also keep a copy of the debit card transaction handy.

 

Right to know

I am a member of Toshali Resorts International (TRI). I have cleared all my dues but still I was not allowed to stay at the Toshali resorts. Over the last two years, the company has been steadily increasing its management fees . Unable to figure out the reasons behind the hike, I requested the Toshali authorities to provide certain documents ? circulars announcing the increase in fees, vouchers, balance sheets for the years 2002, 2003 and 2004 and timeshare holiday vouchers for the three years. TRI, however, did not bother to address the issue. Instead, Prestige Holiday Resorts Pvt. Ltd, claiming to be an agent of TRI, sent me a letter in which they asked me to pay management fees for 2004 or the increased fees for 2004-2006. I am really at my wits? end. I would like to know if TRI is justified in increasing its management charges. I also want to take action against the company for refusing me the benefit of timeshare vacation.

Shukla Sengupta,
14 Hindustan Road,
Calcutta 700029

the company: Shukla Sengupta is our client since November 2000. It is unfortunate that she is suspicious of our decision to increase the management fees. What we charge is strictly in accordance with clause no. 19 of our agreement with the customer. Considering that we maintain 100 rooms in various resorts, it is easy to understand our need to upgrade our maintenance and refurbishment charges from time to time.

Availability of rooms at our resorts, quite obviously, depends on the season and the number of bookings. Moreover, all holiday confirmations depend on the trading capacity of a member?s entitlements. It is difficult to confirm vacations each time a member asks for it.

Shukla Sengupta has expressed her displeasure with Prestige Holiday Resorts that we have appointed to collect our dues. We would like to clarify that it is an organisation of repute. Please note that if a customer fails to pay the management charges, we reserve the right to put his/her membership on hold. This is the standard practice with all kinds of service providers.

Manager, Customer Relations, Toshali Sands International, Toshali House, Gurgaon

the expert: The customer has every right to know in detail about the club?s activities. If it has increased its fees, the customer is justified in asking for an explanation. This holds good for any hike ? even those that are covered by contracts.

The vacation issue can be resolved across the table. You can even appoint a lawyer to represent your case. Such cases are pretty common these days. Insist on a meeting with the club officials.

 

In a fix

We have fixed deposits worth Rs 10,000 with RPG Cables Limited (Corporate office: Ceat Mahal, 463, Dr Annie Besant Road, Worli, Mumbai 400030). The deposit matured on April 24, 2004. We haven?t heard from the company in a long time. What do we do now?

Sreya Rai Chaudhuri,
129/1, Bakul Bagan Road, Calcutta 700025

the company: No response.

the expert: You don?t have too many options. Send another reminder to the company. If you don?t hear from them, you can approach the district forum under which the company has its registered office. Remember that you cannot initiate a case against the company more than two years from the date of maturity of your fixed deposit. You have time. Hurry up.

 

Awaiting clearance

My daughter, C. Jyoti Reddy, subscribed to Unit Trust of India?s Monthly Income Plan on July 30, 1998. She received the annual income distribution warrants through ECS for the following periods: till August 1998, September 1998 - August 1999, and September 1999 - August 2000. In March 2001, she shifted base to Hyderabad. Thereafter, she received her dues at her Hyderabad address. However, she didn?t get the annual income for the period September 2001 - August 2002. She received a letter from UTI that she should contact the registrar if she didn?t get the ECS within 10 days from September 1, 2002. The amount was not credited and she informed the UTI office on B.T.M. Sarani, Calcutta, on June 27, 2003. Thereafter, she sent several reminders to the same address. The scheme was called off on August 31, 2003. Please suggest a way of getting her dues.

K. Narapu Reddy,
Bhowanipore, Calcutta 700025

the company: We would like to inform you that an amount of Rs 5,917.75 was sent through ECS to the destination branch (S.B. A/C no. 600924, Andhra Bank, Srinagar Colony Branch, MICR code 500011048). The branch confirmed that no credit was received. Subsequently, the matter was taken up with the service branch vide a letter dated February 2, 2004. The reply to the letter is awaited.

Executive, UTI Technology Services Ltd, 29, N.S. Road, Calcutta 700001

the expert: Let us hope that the matter is settled amicably. Now that the authorities have taken note of this, she stands a good chance of getting her dues. If there is no further response, then ask her to consult a lawyer in order to determine what action she should take.