Bumpy ride

I booked a Peugeot 309 car with Pal Peugeot Ltd through its Calcutta dealer, J. J. Automotives Ltd (dealer code: D303). I paid an initial booking amount of Rs 25,000 and was allotted a priority reference control no. 105555 and priority no. 656. Later, I cancelled the booking and was given a cancellation letter dated March 15, 1997, indicating cancellation no. 81163 with the assurance of a refund of the initial sum I had paid. A number of reminders and letters by registered post have been sent to the company but, to date, it has not refunded the booking amount of Rs 25,000. As per the terms and conditions indicated in the booking brochure, it was liable to pay the amount within two months from the date of cancellation, along with the interest. What course of action should I take in order to get the refund?

Pushpa Saraf,
8C Queens Park, 2nd Floor,
Calcutta-700019

the company: No response.

the expert: From the complaint it appears that, to date, the company has not refunded the booking amount as per the terms and conditions indicated in the booking brochure, and in spite of repeated requests, the company has failed and neglected to repay the amount. Under the circumstances, it would be wise to approach consumer fora on the plea of deficiency in service on the part of the company and seek appropriate redressal along with interest and compensation from the company. Prior to filing the complaint, the complainant will have to take note of Section 24A of the Consumer Protection Act where the limitation period has been stated. Thus, to substantiate the claim, the consumer will have to place the necessary documents before the fora to substantiate the claim with regard to continuity of cause of action.

 

Bad debt

I invested Rs 14,500 in the name of my minor son, Oakram Laaba, in the purchase of teak wood from Timberworld Resorts & Plantations India Limited, New Delhi (application no. 123852 and certificate no. DE 2083). In return, the company sent me post-dated cheques that have not been honoured. Despite repeated requests, the company has failed to honour its commitment. I visited its office in New Delhi but found it locked. Now I want my money to be refunded. I do not know whom to approach and what my future course of action should be. Please advise.

O. I. Singh,
Yumnam Leikai,
Moirangkhom Makha,
Imphal-795001
Manipur

the company: No response.

the expert: In the complaint so lodged, the complainant has failed to mention on which date he invested the money and when he was supposed to get the matured amount.

The complainant has not even stated in detail the dates of the post-dated cheques which were handed over to the complainant at the time of investing the money. As per the Consumer Protection Act, u/S 24A, a claim is to be lodged within two years from the date of cause of action. Thus, in the absence of such dates, it would not be wise to guide the complainant.

However, prior to taking recourse to law, the complainant is requested to enquire about the company and its present status and, having gathered the information, he can take up the matter with an advocate.

 

No dial tone

I am a septuagenarian, trying to make both ends meet. I have an ailing wife. The telephone is the only means of communication with my doctor, friends, relatives and clients. I do consultancy work from time to time to augment my meagre income. But my telephone often remains inoperative.

Despite my repeated written complaints and personal visits to the concerned telephone office, no action has been taken by the telephone authority. The department is busy increasing the rent, imposing service charges and fines but has failed to increase the level of efficiency. Moreover, it has drastically reduced the number of free calls. The faulty telephone line has not only caused harassment but also financial loss.

Under the circumstances, please let me know if I can file a case against the telephone department in the consumer court to get compensation and a reasonably trouble free service.

Name and address withheld on request.

the company: No response.

the expert: For deficiency on the part of the telephone authority, the complainant can very well initiate a proceeding before the consumer fora, claiming redressal for his grievances. In such cases, the complainant can seek compensation from the telephone authority for its deficiency in service.

 

Eternal wait

I invested money with M/s Morepan Laboratories Ltd, New Delhi, in two fixed deposits. Those deposits had matured in the year 2003 and on maturity, I complied with the formalities to get back the amount but, to date, have not heard anything. What is my next course of action?

J.C. Dasgupta,
22A, Pratapaditya Road,
Calcutta-700026

the company: No response.

the expert: The information available with us reveals that the company has obtained an ex parte order in its favour, for which a large number of consumers are being harassed. Anyway, we are also watching the development thereof and shall inform the consumers in this column as and when we get to know.

 

Hanging in the balance

I deposited Rs 10,000 with the Alpic Finance Ltd on August 11, 1998 under its fixed deposit scheme for a period of 53 months. The amount matured on January 11, 2003 and, upon maturity, I was to receive Rs 20,000 that was agreed upon. In spite of my repeated requests, to date the company has not sent me the amount due. Meanwhile, the company, Alpic Finance Ltd, has closed its Calcutta branch office at Block-A, 190/1, R.B. Avenue, Calcutta-700029. What should I do to get back my money and the matured amount?

Ashim Kumar Biswas,
91, (Old no.28/B), B. N. Road,
Uttarpara, Hooghly

the company: No response.

the expert: Admittedly, the fixed deposit amount with the Alpic Finance Ltd matured on January 11, 2003. As such, under section 24A of COPRA, the complaint cannot be maintained before consumer fora alleging deficiency in service on the part of the finance company. However, if the complainant can satisfy the fora by stating in no uncertain terms that the company duly assured him with regard to payment of his matured amount, the complainant can approach the fora with a prayer for condonation of delay. From the information available, it seems that Alpic Finance Ltd is under liquidation. So, prior to taking any action against the company, it would be advisable for the complainant to enquire from the high court in Mumbai whether the company is at all under liquidation. If it transpires that the official liquidator has already been appointed to look after the assets of the company and to make payment to its depositors, the claim will have to be lodged before the official liquidator.