Thursday, November 22, 2012

Rs. 15 Lakhs damages imposed on Bank for Leakage of bank account information

Rs. 15 Lakhs damages imposed on Bank for Leakage of bank account information

Citi Bank has been ordered by State Commission, Delhi to pay Rs. 15,00,000/- to the customer as damages for leaking his bank account information. The complainant has complained that his statement of account has been un-authorisedly and illegally leaked by the bank officials by supplying copies of the statements to a third party which his opposite party produced in the civil court at Delhi in a private dispute pending against him.
The Bank maintained that statements in question filed by the complainant are on a plain paper while the bank usually furnishes such statement of accounts on their official stationary.
                Commission observed that in any case, the copies of account of the complainant were produced before the Civil Court; such accounts are universally treated as confidential account and are not supposed to be supplied to any one without prior approval of the account holder. The availability of said account to the third party, which subscribed it in the Civil Court, is therefore a flagrant violation of confidential relationship between a bank and a customer and is a betrayal of trust.
                Commission after taking all factors into consideration fixed the amount of Rs. 15,00,000/- as compensation to be paid to complainant.

Monday, November 19, 2012

Kya kabhie Gold installment mein mil sakta hai?

Kya kabhie Gold installment mein mil sakta hai?

Dear Friends, I have come across several advertisements by Tanishq and PC Jewellers which mainly says "Pay in 11 installment and get last installment free". 

In my view the said advertisement comes under the category of"misleading advertisement" as explained below:

1. The said advertisement says "Pay in 11 installment and get the last one free". The term "installment" is used where the product has been purchased and the payment is deferred and is made in agreed future installment and is with reference to the paying after the product has been purchased. The terms installment is defined as "installment - a payment of part of a debt; usually paid at regular intervals"
2. I have discussed with Tanishq on the said installment scheme who had explained to me that the perspective buyer is required to pay in advance like a recurring deposit kind of scheme for 11 months and after 12 months we can buy gold equal to the value of 12 monthly payments at the rate prevailing on the actual date of purchase i.e after 12 months.
3. The said scheme is amounting to misleading the perspective buyers and the company is collecting the money from the public in advance for 11 months without purchase of product. When the product has not been purchased, there is no possibility of any debt and hence no installment is due. Hence the term installment is misleading the perspective customer and it is thought that the Tansihq would sell its product to the buyer today and will be required to pay in 11 months with 12 equated monthly installment. It does setaback to the buyers who happen to visit their showroom spending time and money and coming back without the product causing unnecessary financial burden.
4. In view of above, I feel company is adapting to unfair trade practices through misleading advertisements which needs to be stopped immediately and appropriate action taken. 
5. The said schemes are also advertised by the company through other medium.
I have already requested company and ASCI to look into such misleading advertisements to be stopped.. Until the company stops such misleading advertisements, the perspective buyer need to be careful.

Wednesday, November 7, 2012

क्या आप समझते हैं की ट्राई के नये कानून से अनचाही कॉल्स या मैसेज की समस्या खत्म हो जायेगी?

क्या आप समझते हैं की ट्राई के नये कानून से अनचाही कॉल्स या मैसेज की समस्या खत्म हो जायेगी?
अभी हाल ही में टेलीकाम रेगुलेटरी अथॉरिटी ने अनचाही कॉल व मैसेज में रोक लगाने के लिए एकबार फिर से प्रयास किया है वा नये कानून बनाये हैं। कानून तो पहले भी बनाये गये थे पर नतीजाक्या था। फिर भी लोग इन मार्केटिंग कम्पनियों के मैसेज से दुखी रहते थे। इस बारे में मैने पहले भी 8 अगस्त 2012 को ट्राई का ध्यान आकर्षित किया था और उसमे मैने पहले कहा था कि इस समस्या की जड़ क्या हैउस पर तो ध्यान नही दिया और कोई नया कानून बना दिया।
क्या आप समझते हैं कि नये कानून से यह समस्या खत्म हो जायेगी। मेरे हिसाब से तो नही। जब तक कोई शिकायत करने का आसान प्रावधान नही होगा यह समस्या कंट्रोल होने की बजाये बढेगी। मेरे 8 अगस्त के लेख में भी यही लिखा था।
हाँ हमारी टेलिकॉम कंपनिया जरूर खुश है क्योंकि पहले टेली मार्केटिंग कंपनी एक या दो पैसे में मैसेज भेजते थे अब वही 100 मेसेजस भेजने के बाद प्रति मैसेज की दर 50 पैसे कर दी हैं। एक बात और इस कानून से विधार्थी वर्ग जरूर प्रभावित होगा क्योंकि वो अब एक मेसेज को एक घंटे में 200 से ज्यादा लोगो को नही भेज पायेंगे। विधार्थियो के पास तो एक या दो सिम ही होंगे पर व्यवसायी वर्ग के पास तो ना जाने कितने सिम होंगे। भेजे जाओ जितने मेसेज भेजने हैं चाहे जनता दुखी होती रहे।
फिर एक दिन दुबारा श्री कपिल सिब्बल जी कहेंगे ये क्या हुआ इस समस्या से तो कोई निजात नही मिली।

Do you feel that the latest TRAI regulations of unsolicited commercial communications is going to save you from telemarketing calls?

Do you feel that the latest TRAI regulations of unsolicited commercial communications is going to save you from telemarketing calls?

An article :

Are you still getting disturbed from Telemarketers despite strong regulations by TRAI- Why so?

                    was published on this blog and the attention of Telecom Regulatory Authority of India (TRAI) was also drawn about the problems being faced by the mobile users from telemarketing calls. We are thankful to TRAI for their intervention in making regulations further rigid. Thanks to the telemarketers who were also creating nuisance to Hon'able Mr. Kapil Sibal, Minister through such telemarketing messages.

However, the basic issue of unregistered telemarketers may not get addressed which is the main source of all such nuisance. Merely by increasing the cost of the SMS from 100 nos. onwards is not going to get relief to the telemarketing nuisance. The unregistered subscribers still do not have any provision of making complaint for the telemarketing calls/SMS from unregistered telemarketers. Unless there is a system of lodging complaint for the violations how the industry is going to get improved. Non-receipt of complaint from the unregistered NDNC subscribers for the tlemarketing messages/calls from unregistered telemarketers would help TRAI authority feeling satisfied in projecting that no complaints are being received by the concerned agency and hence they have got rid of problems pertaining to telemarketing. This would be artificial only. Even for the complaint procedure for NDNC registered subscribers, the customer would not like to waste time in forwarding the message and writing on the top of the message the number from where the telemarketing calls /SMS and time of receipt which would be taken by the subscriber as waste of time and energy. The new regulations have been welcomed by the telecom industry because TRAI have increased the charges of SMS from Re. 0.01 to Rs. 0.50 for the SMS more than 100 Nos.

All this would result in unregistered telemarketers back to their business and would resume sending messages again to the NDNC registered subscribers too.

Let us wish a success for the revised regulations brought out by TRAI.

Tuesday, November 6, 2012

Lets drive safely and enjoy our life with our beloved!!!

!!!! Insurance companies are not liable to compensate if the victim is at fault !!!
This particular post is for those vehicle drivers who are intentionally or unintentionally driving the vehicles in violation of traffic rules, driving on the wrong side or in the no entry zone or the roads where some category of the vehicles are prohibited to be driven.

One of the glaring example is the DF Skyway at Badarpur or National Highway 8 where it is understood that the two wheelers and bikes are not allowed to be driven. Despite such prohibition, many such vehicles are being driven violating the instructions and also they do not care about the signals of the marshals.

In a recent court judgement, Delhi High Court ruled that the insurance companies cannot be held liable to compensate a road mischap victim or if he dies, his family , if the accident takes place because of his negligence and someone else also gets injured. If the accident takes place because of the wrongful act, neglect or default of the mischap victim himself, even if he dies, he or his family is not entitled to any compensation from the owner or insurer of the vehicle involved in the accident.

While we are always positive thinker that nothing adverse will happen for such small mistake or violation and  imagine that the accident can take place because of our own negligence and we never wish to face such situation of eventuality, we at the same lets decide as to why we should neglect the rules or some driving enforcement or do some short cut?  You never know the accident could be a next moment that was the exact theme of "WAQT"

Our life is precious to ourselves as well as to the society we live in. Lets drive safely for our own protection as well as in the interest of our near and dear ones and enjoy our life with our beloved.

Monday, November 5, 2012

Do you get SMS that your mobile number has won BP500,000 in a Draw/Lottery.

I have been in receipt of SMS from one of the mobile number which read as under:

FROM: 8285359647
This is not the first time message and such messages keeps on landing at various mobile users and not only the mobile users but also through emails. I have reasons to believe such messages to be of fraudlent nature and therefore have been advising through various medai like facebook, newsletter to all users not to respond to such messages. 

The modus operandii is that on seeking details from the receipient, they would be contacting and try to convince that the recipient has won the prize money and would seek some money to be deposited in one of their account towards processing fee. As is the nature of human, the person fall prey to such frauds in a very easy manner and start depositing the money. One fine night the scamester would fly away with lot of hard earned money and the awardee would turn into the victim of such frauds. 

When someone advises not to respond to such messages, people laugh at it or donot take serious and result is that the scamesters are doing their fraudlent businesses and one such example is a person who has been businessman has become victim to the tune of loosing Rs. 64.00 lakhs in a dream of earning more than Rs. 5.00 crores overnight thru winning lottery. The news as appeared in Navbharat Times dtd. 2nd November 2012 is reproduced:
I have been forwarding such messages to Commissioner of Police. But there is no respite to such messages. While I appreciate that there is a difficulty to trace the offender who is using email messaging for such messages, no action by Police in tracing the origination of mobile message is not understood. Telecom Regulatory Authority of India (TRAI) also needs to play a proactive role to curb such practices

I request all the readers that  such messages not to be responded and  to forward them to the Police Commissioner. Lets force Police to act to curb such fraudlent practices.

Sunday, November 4, 2012

Are you still being charged more by the Multiplexes for cold drinks???

Multiplexes cannot over charge for cold drinks, etc."  directed by  Competition Commission of India in a case UTPE-99/2009 & RTPE-16/2009 on23rd May 2011 under Section 27 of the Competition Act:

1) M/s Inox Leisure Limited and M/s Hindustan Coca Cola Beverages Pvt. Ltd are directed to immediately stop from charging discriminatory prices from the customers.

2) The discriminatory conditions mentioned in the agreement dated 10.06.2008 and any other subsequent agreement to this effect be changed immediately to allow other competitors of the same product within the premises of multiplex owned by ILL.

3) A penalty of 5% of the average of the turnover for the last three preceding financial years is imposed upon M/s ILL and HCCBPL for deliberately entering into exclusive supply agreement to foreclose the competition and driving the competitors out of the market.

The above directions have been issued on two separate complaints against  Ms/ Hindustan Coca Cola Beverages Pvt. Ltd. (HCCBPL)  and  Inox Leisure Limited (ILL). The complaints alleged:  

 1. That HCCBPL has been impudently indulging in blatant restrictive and unfair trade practices contrary to the explicit provisions in MRTP Act, 1969 and Consumer Protection Act, 1986 has entered into an understanding with INOX Leisure Private Limited  In pursuance of the said agreement, HCCBPL has been supplying some of its products which include, interalia, the packaged drinking water and soft drinks at an inflated and exorbitant price and in sharp variance with ordinary price of these products in any prevailing market and thereby the company is wantonly enforcing two pricing for the same products of same quality, quantity, standard and package.

2. That HCCBPL has been supplying 500 ml water bottles and 400 ml orange pulp soft drinks at a M.R.P. of Rs.20/- and Rs.40/- respectively, though these products are available in any prevailing market at Rs.10/- and 25/- respectively. HCCBPL printed these MRPs on these products in order to deceive and induce the consumers to believe that the products are being sold at the M.R.P. fixed by the manufacturer.    

3. That ILL is selling the products of HCCBPL only and to that extent the consumer's right to choice is violated. Thus, the consumers' right to have access to a variety of goods at a competitive price is infringed by the company by enforcing its vertical restrictive trade agreement with INOX Leisure Limited. Thus HCCBPL is enforcing two different prices for the same products of the same quality, quantity, standard, and package without any difference of whatsoever.  

4.  That HCCBL has entered into an agreement with M/s INOX Leisure Private Limited (ILL) which operates multiplexes and screens in various cities. In pursuance of the agreement, HCCBPL has been supplying beverages at an inflated and exorbitant price in comparison to the price of these products in the ordinary market. Therefore, HCCBPL is enforcing two different prices for the identical products. Such an agreement between HCCBPL and ILL is anti-competitive as ILL is selling products of HCCBPL only no choice to the consumer is available inside the multiplex and theatres.