Citizens' Issues
Tribunal quashes Kingfisher's interim plea in debt case
The Debt Recover Tribunal (DRT) on Friday quashed the interlocutory application of tycoon Vijay Mallya's defunct Kingfisher Airlines Ltd for modifying its reply to the original application and its counter-petition seeking Rs3,000 crore from the 17 banks to which it owes about Rs9,000 crore debt.
 
"Tribunal's presiding officer Justice CR Benkanahalli dismissed Kingfisher's plea after the consortium of the banks challenged it saying the time limit to seek modification had lapsed," counsel for lead bank SBI told reporters later.
 
Opposing the airline's interim plea on Tuesday, the consortium's counsel had said as the original application was filed on 25 June 2013, the airline had enough time to plead its case than seeking a modification when the hearing was at the final stage.
 
Claiming that the consortium had violated the terms of the master debts recast agreement (MDRA), the airline counsel argued that it suffered losses after signing it (agreement) on 21 October 2010 as its banks failed lend more money in time.
 
"The banks did not lend money to the airline in time as per the agreement, resulting in cash crunch and operational loss," he said.
 
The tribunal has been hearing the debt recovery case on almost daily basis after the Supreme Court directed it in May to wind up the arguments in two months.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

 

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Do your complaints get ignored? 5 ways to ensure faster resolution
A few years ago, I tried to help the promoter of a company who said that his shares were unfairly delisted by the stock exchange. He had sent me a barrage of emails before I got around to taking up the matter. When the article was published, I was astonished to find him erupting in anger and calling it a ‘stupid article’. I had mentioned that he had payment difficulties which he flatly denied. I then went back to his previous emails, painstakingly culled sentences where he had mentioned his payment problems, marked them in bold highlights and sent them back to him. He cooled down and began to offer another long explanation; but, by then, my mind had completely switched off from his problem and issues.
 
Three other cases that we dealt with at Moneylife Foundation (MLF), in recent times, have provoked this piece. In two cases, the complainant was highly educated, with global experience at a very senior management level; and, yet, had been running around for months to have simple financial issues resolved. The worst of these was the case of Arjun Singh (name changed)—of interest being wrongly charged by a small bank which takes pride in being fair to customers. Not only were his representations to the bank ignored, but he also lost his case before the banking ombudsman. Not one to give up, Arjun had been doggedly pursuing the case for four years, before he approached MLF. Perplexed at what seemed such a straightforward issue, I asked him to email me, and the problem suddenly became clear. 
 
What I received was a convoluted and garbled mix of documents expressing anger and recrimination with a litany of disjointed facts which nobody, who was not directly involved with the case, would have any interest in deciphering. 
 
The second case was that of Vijay Sharma (name changed), 70, a, ‘Diamond customer’, of a public sector bank whose ATM failed to deliver the Rs15,000 he had withdrawn. To add insult to injury, the amount had been debited twice, since he made a second attempt to get the cash. The bank claims that the money was, indeed, withdrawn by Vijay, but hasn’t come up with a video recording even after four months of the complaint. Here, again, the bank is clearly at fault; but the customer’s letter to the bank, copied to us, was a surprise. There was no narration of facts upfront; reference to enclosures and passbook were not attached; the significant fact of his being a Diamond customer who was with the bank for 42 long years and no previous record of disputes was mentioned. The throwaway last line was more out of anger about the shabby treatment.
 
The third case was a fake credit card transaction of Rs25,000 in the account of Karan Shetty (name changed). The money went to a large private insurance company, leaving a clear trail. The bank probably suspected it was someone known to Karan. After giving him a four-month run-around, including making him file a first information report (FIR) with the police, when there was no redress, he approached MLF and the matter was resolved. But it took some handholding just to get the complaint written in a manner that would ensure resolution. 
 
Clearly, many consumer battles are lost because people fail to articulate issues correctly. Here are five things that will ensure a proper hearing and improve your chances of getting early redress.
 
1. State the facts in a clear, concise and sequential manner; outline the steps, if any, that you have already taken towards resolution (online complaint or first-level complaint at the bank).
 
2. Ensure that all identification details are provided (name, address, account/credit card number, transaction details, amounts involved, dates, etc). 
 
3. Be polite and avoid threats, sarcasm and anger in your first letter. The consumer services executive is trying to help; he or she is not personally responsible for your problem. 
 
4. Don’t ask people to wade through fat attachments in which you have marked or highlighted a few lines. All such documents must be neatly cross-referenced and attached only for substantiation and verification, if required. 
 
5. Mention clearly the outcome you are seeking and don’t get unrealistic with demands for an apology or compensation; resolution must be the first priority. Remember, everybody has limited time.

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COMMENTS

MANIK CHAKRABORTY

6 months ago

Dear Sir,
I AM DAY WORKER OF A JEWELLERY SHOP,I HAVE INVEST FOR MY DAUGHETER MARRIAGE. INVESTED AMOUNT 25000-SCHEME -B(S),MATURITY DATE-28/08/2016 AMOUNT 36304/-,BUT TILL DATE I AM NOT RECEIVED ANY AMOUNT,SO PLZ I REQUEST YOU KINDLY SUGGEST ME WHAT IS THE PROCEDURE TO GET MY MATURITY AMOUNT AS SOON AS POSSIBLE.
AND ALSO INFORM YOU I HAVE INVESTED THIS SCHEME OF NAME OF MY WIFE ANJANA CHAKRABORTY.SHE ALSO INVESTED 50000/- AMOUNT AND MATURITY AMOUNT 72609/-MATURITY DATE 28/08/2016,BUT NOT RECEIVED ANY AMOUNT.


THANKING YOU,

MANIK CHAKRABORTY

M-9046290199

Gopalakrishnan T V

1 year ago

Excellent. These days the complaints are on the increase because of increased use of fast changing technology and ever reducing involvement of human resources in understanding the customers and their real problems and issues. As rightly said, no one has time to view seriously when some complaints are received. Even if some one takes it up to solve the technology comes in the way. The problem is there is no proper coordination of technology and human resources and programmes developed in banks are without understanding the transactions and the rationale behind such transactions. However, the general approach to ignore the customers is a serious matter and here in comes the help from Money Life Team. The money life does a wonderful job in making both the institutions and customers aware of their duties and responsibilities. The customers really stand to benefit and the Institutions are made accountable for their irresponsible way of doing business.

Ramesh Poapt

1 year ago

excellent! I have won three such battles with banks after a long struggle.And one with auto co. But such matters are too tough to handle really!

Dr. Rakesh Goyal

1 year ago

Another thing noticed is that many people do not provide the relevant reference including and not limited to what, when, where, who, how and factual material details. Please try to make no assumptions. They do not start the letter/complaint/service-request from point zero giving sequence of events from start, in simple and concise language. They write the letter/complaint as if the receiving person knows the problem and start from a point, which is not from zero but is current in their mind. Even if the receiving person knows the problem, it is always better to define the problem again as ready reference, so that s/he need not search previous document/mails. For reminders or responses to their queries, it is also advisable to attach previous correspondence as ready reference. It may cost some efforts/money (if photocopied on paper), but it is enabling the receiver to get all past info at one place. It is also advisable to discuss the matter on phone after sending the correspondence (electronically or paper-based) with politeness. Threat only works, when you have admissible evidence of his/her wrong doing, which may damage his/her career. Threat must also be polite. Anger does not works unless one is good actor.

Hemant Chitale

1 year ago

Very true. Drafting a complaint requires cool thinking. Hyperbole and sarcasm don't help. Your examples relate to money issues and (it's not unsurprising ?) many people don't stay level when discussing money which may have been lost. However, your rules apply in all cases with any authority. Hopefully, the recipient authority also has a similar set of rules as to how to read a complaint and respond to it.

Hemant Chitale

1 year ago

Very true. Drafting a complaint requires cool thinking. Hyperbole and sarcasm don't help. Your examples relate to money issues and (it's not unsurprising ?) many people don't stay level when discussing money which may have been lost. However, your rules apply in all cases with any authority. Hopefully, the recipient authority also has a similar set of rules as to how to read a complaint and respond to it.

Deepak Narain

1 year ago

This article is very relevant to my ongoing dispute with the ICICI Bank. Can I write my case to you for help?

Railways streamlines process for concession certificates to physically challenged
New Delhi: In order to streamline the procedure for issuing of concessional certificate to physically challenged persons, Railways has made changes to the rules in case of change of residence for the convenience of the passengers.
 
Railways has already facilitated convenient booking of concessional tickets including online ticketing for the physically challenged persons.
 
According to a statement issued by the ministry, in those cases where the applicant has shifted to a new place and his concession certificate has been issued by the government hospital of his previous residence, he or she will be allowed to apply to Divisional Railway Manager's (DRM) office of current residence.
 
The DRM office will then get the concession certificate verified by the concerned zone in which the government hospital falls which has issued the concession certificate.
 
Such zone will then send the verification report to the referring division which had sent the request.
 
Based on the verification report, DRM office will issue the ID card to the physically challenged person or to his or her representative.
 
The notification further said: "However, original certificates (including address proof indicating current residence) must be shown at the time of collection of card. The time limit for disposal of the application/issue of ID card in such cases is two months from the date of receipt of application."
 
The photo ID card issued to the eligible physically handicapped person is valid for five years from the date of issue or till the last date upto which the concession certificate is valid whichever is earlier after which it has to be renewed/re-issued for which the same procedure as for issue of fresh photo ID card is to be followed.
 
The concession certificate is valid for ten years in the age group of 26 to 35 years, in case of permanent disability.
 
The concession certificate is valid for whole life of the concerned person above the age of 35 years.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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