Capital First – Complaint amicably settled


Dr. Navin Kumar Gupta had taken loan from Capital First Ltd.

He repaid the loan. But Capital First Ltd. over charged him.
He sent emails and legal notice. There was no response.

He filed a Consumer Complaint. The Consumer Forum directed issue of notice.
Capital First immediately sent their representatives to Dr. Navin Kumar Gupta and the matter was settled. 

A beautiful example of  how Consumer disputes should be handled by big companies.

I am reproducing the final order:

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CENTRAL MUMBAI
Puravatha Bhavan, 2nd Floor, General Nagesh Marg, Near Mahatma Gandhi Hospital
Parel, Mumbai-400 012 Phone No. 022-2417 1360
Website- www.confonet.nic.in

 

 

Complaint Case No. CC/16/57

 

1. DR. NAVIN KUMAR GUPTA
1101 SIROMANI, RAJ KAMAL LANE, PAREL
MUMBAI-400 012
MAHARASHTRA STATE
………………….Complainant(s)

Versus
 
1. CAPITAL FIRST LIMITED THROUGH THE MANAGING DIRECTOR
INDIABULLS FINANCE CENTRE, TOWER II, 15TH FLOOR, SENAPATI BAPAT MARG, ELPHINSTONE ROAD (WEST)
MUMBAI-400 013
MAHARASHTRA STATE
…………………….Opp.Party(s)

 

BEFORE:
  HON’BLE MR. B.S.WASEKAR PRESIDENT
  HON’BLE MR. H.K.BHAISE MEMBER

 

For the Complainant:
                    Shri Binoy Gupta-Advocate
 
For the Opp. Party:
                    Shri Shrijit Nair-Manager
 

ORDER
 
The Complainant has filed application submitting that the consumer complaint is amicably settled between the parties. Hence, he does not want to proceed further and he may be permitted to withdraw the Compliant.  Request of the Complainant is accepted and the Complainant is allowed to withdraw the Complaint. As the Complaint is withdrawn, the proceeding is closed.

Dated 21st April,  2016

 

 
[HON’BLE MR. B.S.WASEKAR]
PRESIDENT
 
[HON’BLE MR. H.K.BHAISE]
MEMBER

 

Simplification of the Procedure


I have always advocated that the Consumer Protection Act is the best option in appropriate cases.

It is faster than other remedies like civil courts.
The fees are nominal.
The consumer himself can file and argue his case.

I attended a talk by Ms. Rajyalakshmi Rao, ex member of the National Consumer Commission on the 28 March 2015.
There are problems which should be sorted out.

Matters can and should be simplified. I am giving a few simple suggestions.

1  The format of the Complaint varies from State to State and Forum to Forum in the same State. This practically forces a complainant to engage a lawyer.

The National Commission can formulate rules specifying the basic format of all the required documents.
So long as these are complied with, the individual Forums and Commissions need not be hyper technical.

2 Far too many adjournments are given.

I do realize that adjournments do have to be given in genuine cases, like the parties’ or advocate’s illnes,  but too many adjournments are given, even when there are no grounds indicated or mentioned. There is a lot of waste of time of all concerned, which could be minimized.

3. There are far  too many similar cases …for instance cases against builders, insurance companies. There are any number of decisions on these issues.

Much of these litigation can be curtailed by imposing heavy costs or damages, where rulings on similar issues are not followed.
For example, builders seem to ignore the law with impunity.. And by the time the issue, say of car parking, forming of housing society, conveyance, handing over of common areas, is decided against  them, they would have enjoyed the benefit for years and decades. Heavy damages should be imposed so that such practice is curtailed. The damages may be given to the Consumer Protection Fund.

4. There are some Forums which have a huge pendency …may be because of vacancies, or because the particular jurisdiction has more litigants.

In such cases, the State Commission can easily transfer some of the pending cases to other Forums or change the territorial jurisdiction so that the workload is better and more evenly  distributed.