RAILWAY PANTRY SERVICES CHARGING EXORBITANT RATES

The contractors charge more than prescribed rates. Please be alert. Ask for bill and immediately complain to the concerned authorities. I have noticed that this corruption is very pertinent in almost all trains. Even passengers are to be blamed partly as they do not ask for menu card and the cash memo.

The highest cheating goes on in vegetarian meal in Thali that costs Rs. 22 and is charged around Rs. 40 from passengers. The vegetarian meal in casserole costs Rs.30 (with 300ml mineral water) but it is charged Rs. 45 from innocent passengers. The full list of items with costs is given below

(The rates are subject to change from time to time. They may be verified through the Train Conductor/Catering Manager)

Sl.No	Item	Static (Rs.)	Mobile (Rs.)	Sl.No	Item	Static (Rs.)	Mobile (Rs.)
1	Chicken curry 260gms per plate (100gms chicken pieces and 160gms gravy)	32.00	34.00	2	Mutton curry 225gms per plate (85gms mutton and 140gms gravy)	24.00	26.00
3	Mutton Roganjosh 275gms per plate (125gms mutton and 150gms gravy)	32.00	34.00	4	Mutton cutlets (2 pieces) 160gms. per plate	23.00	25.00
5	Fried Fish with Chips 135gms per plate (100 gms fish and 35gms fried chips)	22.00	23.00	6	Egg curry 240gms per plate(2 eggs and 150gms gravy)	14.00	15.00
7	Omelette (2 eggs) per plate	10.00	12.00	8	Fried Egg (2 eggs) per plate	10.00	10.00
9	Poached Egg with one slice (2 eggs per plate	12.00	13.00	10	Matter Paneer 200gms per plate	20.00	20.00
11	Boiled Rice (Basmati) 450gms per plate	10.00	11.00	12	Allo Matar/Chole 225gms per plate	12.00	13.00
13	Veg. Pulao/Biryani 450gms per plate	18.00	20.00	14	Cornflakes with Milk 235gms per plate	10.00	11.00
15	Fruit Salad with cream 110gms per plate (Fruit Salad 100gms and 10gms Cream)	13.00	14.00	16	Jam/Marmalade 25gms per portion	3.00	3.00
17	Butter chiplet (10gms)	3.00	3.00	18	Bread Slice (large pieces)	2.00	2.00
19	Sharbat 250ml per glass	5.00	6.00	20	Squash 250ml per glass	6.00	6.00
21	Kheer (Rice/Semeye) 140gms per plate	10.00	11.00	22	Green salad 150gms per plate	10.00	10.00
23	Boiled Egg (2 No)	8.00	8.00	24	Custard Plain 140 gms per plate	8.00	8.00
25	Vegetable Cutlet 2 pcs 150gms per plate	10.00	12.00	26	Idli with Sambhar (220gms) (100gms idli & 120gms sambar)	8.00	8.00
27	Sada Vada with Sambhar (150gms) (50gms Vada & 100gms sambar)	8.00	8.00	28	Masala vada with Sambhar (180gms) (60gms vada & 120gms sambar)	8.00	8.00
29	Masala dosa with Sambhar (250gms) (70gms dosa, 80gms masala with 100gms sambar)	12.00	12.00	30	Plain dosa with Sambhar (70gms dosa & 100gms sambar)	10.00	10.00
31	Soup with bread slice (1 piece) 150ml.	10.00	10.00	32	Roast chicken with boiled vegetable 350gms per plate (100gms chicken and 250gms boiled veg)	45.00	45.00
33	Roast mutton with boiled vegetable 350gms per plate (100gms mutton and 250gms boiled veg)	45.00	45.00	34	Shami kabab (2 pcs) 50gms each	20.00	20.00
35	Dry veg 165gms per plate	14.00	14.00	36	Expresso Coffee	6.00	6.00
37	Boiled veg 200gms per plate	10.00	10.00	38	Chapati 25gms each	1.00	1.00
39	Dal 165gms per plate	7.00	7.00	40	Finger Chips 100gms	10.00	10.00
41	Jodhpur Kachori 100gms	7.00	7.00	42	Parantha 50gms each	2.00	2.00
43	Rajma Curry 200gms per plate	8.00	8.00	44	Curd plain 100gms per plate	4.00	4.00
45	Shikanjivi 250ml per glass	5.00	5.00	46	Roomali Roti 50gms each	2.00	2.00
47	Veg. Burger (50gms veg.Tikka)	10.00	10.00	48	Non Veg. Burger (65gms non veg.Tikka)	15.00	15.00
49	Paneer Pakora 120gms (4 pcs per plate)	15.00	15.00	50	Bread slice(small)	1.00	1.00
51	Vegetable S/wich (2 pcs)	10.00	10.00	52	Palak Paneer	15.00	15.00
53	Stuffed Parantha	5.00	5.00	54	Frooti (Tetra pack)	As per MRP	As per MRP
55	Tea in disposable cup 150 ml with tea bag in 170 ml cup	4.00	4.00	56	Roasted Papad	2.00	2.00
57	Cold Drink	As per MRP	As per MRP	58	Dal kachori 30gms (1 pc)	4.00	6.00
59	Ice cream of short listed brands	As per MRP	As per MRP	60	Kulche Chole (2 pcs)/100gms	8.00	10.00
61	Biscuit	As per MRP	As per MRP	62	Potato Chips (pkt)	As per MRP	As per MRP
63	Namkeens (pkt)	As per MRP	As per MRP	64	Glass of milk (200ml)	5.00	6.00
65	Milk Badam (200ml)	8.00	10.00	66	Aloo Bonda (2 no.) / 40gms each	6.00	6.00
67	Gulab Jamun (40gms each)	4.50	5.00	68	Maggi Noodles (100gms)	10.00	10.00
69	Lassi Salt /Sweet (200ml.)	6.00	8.00	70	Bread pakora 2 slice (100gms)	9.00	10.00
71	Dahi Vada (2 no. 150gms)	10.00	12.00	72	Mineral water of short listed brand	10.00	10.00

Revised Tariff for standard meals, breakfast, tea/coffee etc. at stations effective from 1-06-2003			Revised Tariff for standard meals, breakfast, tea/coffee etc. on trains effective from 1-06-2003
1.	Standard Tea 150 ml Readymade 170 ml cup (disposable cup.)	3.00	1.	Standard Tea 150 ml Readymade in 170 ml cup (disposable cup.)	3.00
2.	Tea with tea bag- 150ml in disposable cup (170 ml) including tea dispensed through AVM (Automatic Vending Machine)	4.00	2.	Tea with tea bag- 150ml in disposable cup (170 ml) including tea dispensed through AVM (Automatic Vending Machine)	4.00
3.	Coffee (using instant coffee powder) 150 ml in disposable cup 170 ml capacity including dispensed through AVM	5.00	3.	Coffee (using instant coffee powder) 150 ml in disposable cup 170 ml including dispensed through AVM	5.00
4.	Tea in pots (285ml) + 2 tea bags +2 sugar pouch with 2 disposable cups of 170 ml capacity	5.00	4.	Tea in pots (285ml) + 2 tea bags +2 sugar pouch with 2 disposable cups of 170 ml capacity	5.00
5.	Coffee in pots (285ml) +2 Coffee sachet +2 sugar pouch with 2 disposable cups of 170 ml capacity	7.00	5.	Coffee in pots (285ml)+ 2 Coffee sachet +2 sugar pouch with 2 disposable cups of 170 ml capacity	7.00
6.	Mineral water 1 liter bottle (chilled)	10.00	6.	Mineral water 1 liter bottle (chilled)	10.00
7.	JANTA MEAL (In quality disposable card board boxes)	10.00	Standard Breakfast
Standard Breakfast			7.	Vegetarian	17.00
8.	Vegetarian	17.00	8.	Non-vegetarian	20.00
9.	Non-vegetarian	20.00	Casserole Meals
10.	Meals in Thalis (veg.)	22.00	9.	Standard Vegetarian with packaged drinking water in sealed glass of 300 ml.	30.00
11.	Meals in Thalis (Non-veg.)	27.00	10.	Standard Non-vegetarian with packaged drinking water in sealed glass of 300 ml.	35.00

No separate catering charges are payable by passengers on Shatabdi and Rajdhani Express trains.

WHERE TO COMPLAIN ABOUT MISLEADING, DISHONEST AND INDECENT ADVERTISEMENTS

If you notice any advertisement that is misleading, dishonest, or indecent, you can report about it to the address given below, and put an end to such advertisements.

How to Complain?
Form is available here :-
www.ascionline.org/regulation/ASCI_complaint_form.pdf

The Advertising Standards Council of India

205, Bombay Market, Tardeo Road

Post Box No 7939

Mumbai 4000034

E-mail: asci@vsnl.com

Fax: (022) 23516863

Telephone: (022) 23521066 / 23516863

Banking Ombudsman Scheme

Banking Ombudsman Scheme

2. OBJECT OF THE SCHEME

The object of the Scheme is to enable resolution of complaints relating to provision of banking services and to facilitate the satisfaction, or settlement of such complaints.

3. SUSPENSION OF THE SCHEME

1. The Reserve Bank, if it is satisfied that it is expedient so to do, may by order suspend for such period as may be specified in the order, the operation of all or any of the provisions of this scheme, either generally or in relation to any specified banking company.
2. The Reserve Bank may, by order, extend from time to time, the period of any suspension ordered as aforesaid by such period, as it thinks fit.

CHAPTER II

ESTABLISHMENT OF BANKING OMBUDSMAN

3. APPOINTMENT

The Reserve Bank may appoint one or more persons to be known as Banking Ombudsman to carry out the functions entrusted to him by or under the scheme. The Banking Ombudsman shall hold office during the pleasure of the Governor, Reserve Bank.

4. TERRITORIAL JURISDICTION

The Reserve Bank shall specify the territorial limits, to which the authority of each of the Banking Ombudsman appointed pursuant to Clause 4 shall extend.

CHAPTER III

JURISDICTION POWERS AND DUTIES OF BANKING OMBUDSMAN

3. GENERAL

The Banking Ombudsman's powers and duties will be:-

1. to receive complaints relating to the provision of banking services.
2. to consider such complaints and facilitate their satisfaction, or settlement by agreement, by making a recommendation, or Award in accordance with this scheme.

3. SPECIFIC AMBIT OF AUTHORITY

As regards banking services, the Banking Ombudsman's authority will include:-

1. all complaints concerning deficiency in service such as:-

1. non-payment/inordinate delay in the payment or collection of cheques, drafts/bills etc.;
2. non-acceptance, without sufficient cause, of small denomination notes tendered for any purpose, and for charging of commission in respect thereof;
3. non-issue of drafts to customers and others;
4. non-adherence to prescribed working hours by branches;
5. failure to honour guarantee/letter of credit commitments by banks;
6. claims in respect of unauthorised or fraudulent withdrawals from deposit accounts, etc.;
7. complaints pertaining to the operations in any savings, current or any other account maintained with a bank, such as delays, non-credit of proceeds to parties' accounts, non-payment of depositor non-observance of the Reserve Bank directives, if any, applicable to rate of interest on deposits.
8. complaints from exporters in India such as delays in receipt of export proceeds, handling of export bills, collection of bills, etc. provided the said complaints pertain to the bank's operations in India; and
9. Complaints from Non-Resident Indians having accounts in India in relation to their remittances from abroad, deposits and other bank-related matters.

b) Complaints concerning loans and advances only insofar as they relate to:-

1. non-observance of Reserve Bank directives on interest rates,

2. delays in sanction/non-observance of prescribed time schedule for disposal of loan applications and

1. non-observance of any other directions or instructions of the Reserve Bank, as may be specified for this purpose, from time to time.

(c) Such other matters as may be specified by the Reserve Bank from time to time in this behalf.

14. OTHER POWERS AND DUTIES

1. General superintendence and control

The Banking Ombudsman shall exercise general superintendence and control over his office and shall be responsible for the conduct of business thereat.

2. Power to incur expenditure

The Banking Ombudsman shall have power to incur expenditure on behalf of the office. In order to exercise the aforesaid power, the Banking Ombudsman will draw up an annual budget for his office in consultation with Reserve Bank. The Reserve Bank will indicate the shares to be borne by the concerned banks. The Banking Ombudsman shall exercise the powers of expenditure within the approved budget.

3. ANNUAL REPORT ON FUNCTIONING AND
   WORKING OF THE BANKING OBDUDSMAN'S OFFICE

1. The Banking Ombudsman shall send to the Governor, Reserve Bank, in May every year, a report containing a general review of the activities of the office of the Ombudsman during the preceding financial year, and shall furnish such other information as the Reserve Bank may direct.
2. The Reserve Bank may, if it considers necessary in the public interest so to do, publish in such consolidated form or otherwise as it deems fit, the report and the information received from the Banking Ombudsman.

CHAPTER IV

PROCEDURE FOR REDRESSAL OF GRIEVANCE

16. COMPLAINT

1. Any person who has a grievance against a bank, may himself or through an authorised representative make a complaint in writing to the Banking Ombudsman within whose jurisdiction the branch or office of the bank complained against is located.
2. The complaint shall be in writing duly signed by the complainant or his authorised representative and shall state clearly the name and address of the complainant, the name and address of the branch or office of the bank against-which the complaint is made, the facts giving rise to the complaint supported by documents, if any, relied on by the complainant, the nature and extent of the loss caused to the complainant and the relief sought from the Banking Ombudsman and a statement about the compliance of the conditions referred to in sub- clause (3) of this clause.
3. No complaint to the Banking Ombudsman shall lie unless

1. The complainant had before making a complaint to the Banking Ombudsman made a written representation to the bank named in the complaint and either the bank had rejected the complaint or the complainant had not received any reply within a period of two months after the bank concerned received his representation or the complainant is not satisfied with the reply given to him by the bank.
2. The complaints made not later than one year after the bank had rejected the representation or sent its final reply on the representation of the complainant.
3. The complaint is not in respect of the some subject matter, which was settled through the office of the Banking Ombudsman in any previous proceedings whether received from the same complainant or any one or more of the parties concerned with the subject matter.
4. The complaint is not the same subject matter, for which any proceedings before any court, tribunal or arbitrator or any other forum is pending or a decree or Award or order of dismissal has already been passed by any such court, tribunal, arbitrator or forum.
5. The complaint is not frivolous or vexatious in nature.

17. POWER TO CALL FOR INFORARATION

1. For the purpose of carrying out his duties under this scheme, a Banking Ombudsman may require the bank named in the complaint to provide any information or furnish certified copies of any document relating to the subject matter of the complaint which is or is alleged to be in its possession.

Provided that in the event of the failure of a bank to comply the requisition made under sub clause (1) the Banking Ombudsman may, if he sees fit, draw the inference that the information, if provided or copies if furnished, would be unfavourable to the bank.

(2) The Banking Ombudsman shall maintain confidentiality of any information or document coming into his knowledge or possession in the course of discharging his duties and shall not disclose such information or document to any person except with the consent of the person furnishing such information or document. Provided that nothing in this clause shall prevent the Banking Ombudsman from disclosing information or document furnished by a party In a complaint to the other party or parties, to the extent considered by him to be reasonably required to comply with the principles of natural justice and fair play in the proceedings.

18. SETTLEMENT OF COMPLAINT BY AGREEMENT

1. As soon as it may be practicable so to do the Banking Ombudsman shall cause a notice of the receipt of any complaint along with a copy of the complaint to the branch or office of the bank named in the complaint and endeavour to promote a settlement of the complaint by agreement between the complainant and the bank named in the complaint through conciliation or mediation.
2. For the purpose of promoting a settlement of the complaint, the Banking Ombudsman may follow such procedure as he may consider appropriate and he shall not be bound by any legal rule of evidence.

19. RECOMMENDATION FOR SETTLEMENT

1. If a complaint is not settled by agreement within a period of one month from the date of receipt of the complaint or such further period as he may consider necessary, the Banking Ombudsman may make a recommendation by reference to what is, in his opinion, fair in all the circumstances. Copies of the recommendation shall be sent to the complainant and the bank concerned.
2. The recommendation by the Banking Ombudsman shall be open to acceptance by the complainant only if he accepts all terms of the recommendation in full and final settlement of his claim against the bank and he shall, if he accepts the recommendation, within two weeks from the date of receipt of the recommendation send his acceptance in writing stating clearly that he is prepared to accept a settlement in terms of the recommendation is full and final settlement of his complaint.
3. The Banking Ombudsman shall cause a copy of the letter of acceptance, received from the complainant to be forwarded to the bank. The bank shall, if the recommendation is acceptable to it, comply with the terms of the recommendation immediately on receipt of acceptance of the terms by the complainant and inform the Banking Ombudsman of the settlement in terms of his recommendation. If the recommendation is not acceptable to the bank, it shall inform the Banking Ombudsman within a period of two weeks.

20. AWARD BY THE BANKING OMBUDSMAN

1. Where the complaint is not settled by agreement or recommendation as provided in clause 18 or 19 as the case may be, within a period of two months from the date of receipt of the complaint or such extended date as may be considered necessary by him, the Banking Ombudsman shall inform the parties of his intention to pass an Award.
2. It shall be open to the parties to submit any further representations or evidence in support of their case within a period of 15 days from the date of notice referred to in sub- clause (1).
3. The Banking Ombudsman shall pass an Award after affording the parties reasonable opportunity to present their case. He shall be guided by the evidence placed before him by the parties, the principles of banking law and practice, directions, instructions and guidelines issued by the Reserve Bank from time to time and such other factors which in his opinion are necessary in the interest of justice.
4. An Award shall be in writing and shall state the direction/s, if any, to the bank for specific performance of its obligations and the amount awarded to the complainant by way of compensation for the loss suffered by him Belong with a summary of the reasons for making the award,

Provided that the Banking Ombudsman shall not award any compensation in excess of that which is necessary to cover the loss suffered by the complainant as a direct consequence of the commission or omission of the bank, or for an amount exceeding rupees ten lakhs, whichever is lower.

5. A copy of the award shall be sent to the complainant and the bank named in the complaint.
6. An Award shall not be binding on a bank against which it is passed unless the complainant furnishes to it, within a period of one month from the date of the Award, a letter of acceptance of the award in full and final settlement of his claim in the matter. Within fifteen days from the date of receipt by it, of the acceptance in writing of the Award by the complainant the bank shall comply with the Award and intimate the compliance to the Banking Ombudsman.
7. The Banking Ombudsman shall report to the Reserve Bank the non-compliance by any bank of an Award which became binding on it pursuant to sub-clause (6).

21. REJECTION OF THE COMPLAINT

The Banking Ombudsman may reject the complaint at any stage if it appears to him that the complaint is made without any sufficient cause or that it is not pursued by the complainant with reasonable diligence or that prima facie, there is no loss or damage or inconvenience suffered by the complainant.

Banking Ombudsman Scheme

Contents:

Chapter 1: Preliminary

Chapter II : Establishment of Banking Ombudsman

Chapter III : Jurisdiction Powers and Duties of Banking Ombudsman

Chapter IV : Procedure for Redressal of Grievance

Chapter V : Miscellaneous

CHAPTER I

PRELIMINARY

1. SHORT TITLE, COMMENCEMENT, EXTENT AND APPLICATION

1. This scheme may be called the Banking Ombudsman Scheme, 1995. '
2. It shall come into force on such date as the Reserve Bank of India may specify.
3. It shall extend to the whole of India.
4. This scheme shall apply to the business in lndia of every commercial bank (other than Regional Rural Banks) and. Scheduled Primary Co-operative Bank, having a place of business in India, whether such bank is incorporated in India or outside India.

2. OBJECT OF THE SCHEME

The object of the Scheme is to enable resolution of complaints relating to provision of banking services and to facilitate the satisfaction, or settlement of such complaints.

3. SUSPENSION OF THE SCHEME

1. The Reserve Bank, if it is satisfied that it is expedient so to do, may by order suspend for such period as may be specified in the order, the operation of all or any of the provisions of this scheme, either generally or in relation to any specified banking company.
2. The Reserve Bank may, by order, extend from time to time, the period of any suspension ordered as aforesaid by such period, as it thinks fit.

CHAPTER II

ESTABLISHMENT OF BANKING OMBUDSMAN

3. APPOINTMENT

The Reserve Bank may appoint one or more persons to be known as Banking Ombudsman to carry out the functions entrusted to him by or under the scheme. The Banking Ombudsman shall hold office during the pleasure of the Governor, Reserve Bank.

4. TERRITORIAL JURISDICTION

The Reserve Bank shall specify the territorial limits, to which the authority of each of the Banking Ombudsman appointed pursuant to Clause 4 shall extend.

5. LOCATION OF OFFICE

The office of the Banking 0mbudsman will be located at such places as may be specified by the Reserve Bank.

6. FACILITY FOR HAVING TEMPORARY HEADQUARTERS

In order to expedite disposal of complaints, the Banking Ombudsman may hold sittings at other places within his area of jurisdiction.

7. QUALIFICATION

The Banking Ombudsman will be a person of high standing in the legal, banking, financial services, public administration or management sectors.

8. TENURE

The Banking Ombudsman will be appointed for a period not exceeding three years and be eligible for extension for a further period not exceeding two years subject to an overall age limit of 65 years. Consequent on appointment, the Banking Ombudsman shall devote his whole time to the affairs of his office. Provided that the Reserve Bank may, if in its opinion it is necessary so to do, permit the Banking 0mbudsman to undertake such part time honorary work as is not likely to interfere with his duties as Banking Ombudsman.

9. REMUNERATION

The remuneration and other perquisites payable/extended to the Banking Ombudsman will be determined by the Reserve Bank from time to time and borne by the banks in such proportion and in such manner as may be determined by the Reserve Bank.

10. STAFFING OF THE OFFICE OF THE BANKING OMBUDSMAN

1. The Banking Ombudsman shall be provided with a secretariat drawn from banks, Reserve Bank, etc. who will be placed on duty with the Office of the Banking Ombudsman.
2. The cost of the secretariat will be shared by banks in such proportion as may be determined by the Reserve Bank.

CHAPTER III

JURISDICTION POWERS AND DUTIES OF BANKING OMBUDSMAN

3. GENERAL

The Banking Ombudsman's powers and duties will be:-

1. to receive complaints relating to the provision of banking services.
2. to consider such complaints and facilitate their satisfaction, or settlement by agreement, by making a recommendation, or Award in accordance with this scheme.

3. SPECIFIC AMBIT OF AUTHORITY

As regards banking services, the Banking Ombudsman's authority will include:-

1. all complaints concerning deficiency in service such as:-

1. non-payment/inordinate delay in the payment or collection of cheques, drafts/bills etc.;
2. non-acceptance, without sufficient cause, of small denomination notes tendered for any purpose, and for charging of commission in respect thereof;
3. non-issue of drafts to customers and others;
4. non-adherence to prescribed working hours by branches;
5. failure to honour guarantee/letter of credit commitments by banks;
6. claims in respect of unauthorised or fraudulent withdrawals from deposit accounts, etc.;
7. complaints pertaining to the operations in any savings, current or any other account maintained with a bank, such as delays, non-credit of proceeds to parties' accounts, non-payment of depositor non-observance of the Reserve Bank directives, if any, applicable to rate of interest on deposits.
8. complaints from exporters in India such as delays in receipt of export proceeds, handling of export bills, collection of bills, etc. provided the said complaints pertain to the bank's operations in India; and
9. Complaints from Non-Resident Indians having accounts in India in relation to their remittances from abroad, deposits and other bank-related matters.

b) Complaints concerning loans and advances only insofar as they relate to:-

1. non-observance of Reserve Bank directives on interest rates,

2. delays in sanction/non-observance of prescribed time schedule for disposal of loan applications and

1. non-observance of any other directions or instructions of the Reserve Bank, as may be specified for this purpose, from time to time.

(c) Such other matters as may be specified by the Reserve Bank from time to time in this behalf.

14. OTHER POWERS AND DUTIES

1. General superintendence and control

The Banking Ombudsman shall exercise general superintendence and control over his office and shall be responsible for the conduct of business thereat.

2. Power to incur expenditure

The Banking Ombudsman shall have power to incur expenditure on behalf of the office. In order to exercise the aforesaid power, the Banking Ombudsman will draw up an annual budget for his office in consultation with Reserve Bank. The Reserve Bank will indicate the shares to be borne by the concerned banks. The Banking Ombudsman shall exercise the powers of expenditure within the approved budget.

3. ANNUAL REPORT ON FUNCTIONING AND
   WORKING OF THE BANKING OBDUDSMAN'S OFFICE

1. The Banking Ombudsman shall send to the Governor, Reserve Bank, in May every year, a report containing a general review of the activities of the office of the Ombudsman during the preceding financial year, and shall furnish such other information as the Reserve Bank may direct.
2. The Reserve Bank may, if it considers necessary in the public interest so to do, publish in such consolidated form or otherwise as it deems fit, the report and the information received from the Banking Ombudsman.

CHAPTER IV

PROCEDURE FOR REDRESSAL OF GRIEVANCE

16. COMPLAINT

1. Any person who has a grievance against a bank, may himself or through an authorised representative make a complaint in writing to the Banking Ombudsman within whose jurisdiction the branch or office of the bank complained against is located.
2. The complaint shall be in writing duly signed by the complainant or his authorised representative and shall state clearly the name and address of the complainant, the name and address of the branch or office of the bank against-which the complaint is made, the facts giving rise to the complaint supported by documents, if any, relied on by the complainant, the nature and extent of the loss caused to the complainant and the relief sought from the Banking Ombudsman and a statement about the compliance of the conditions referred to in sub- clause (3) of this clause.
3. No complaint to the Banking Ombudsman shall lie unless

1. The complainant had before making a complaint to the Banking Ombudsman made a written representation to the bank named in the complaint and either the bank had rejected the complaint or the complainant had not received any reply within a period of two months after the bank concerned received his representation or the complainant is not satisfied with the reply given to him by the bank.
2. The complaints made not later than one year after the bank had rejected the representation or sent its final reply on the representation of the complainant.
3. The complaint is not in respect of the some subject matter, which was settled through the office of the Banking Ombudsman in any previous proceedings whether received from the same complainant or any one or more of the parties concerned with the subject matter.
4. The complaint is not the same subject matter, for which any proceedings before any court, tribunal or arbitrator or any other forum is pending or a decree or Award or order of dismissal has already been passed by any such court, tribunal, arbitrator or forum.
5. The complaint is not frivolous or vexatious in nature.

17. POWER TO CALL FOR INFORARATION

1. For the purpose of carrying out his duties under this scheme, a Banking Ombudsman may require the bank named in the complaint to provide any information or furnish certified copies of any document relating to the subject matter of the complaint which is or is alleged to be in its possession.

Provided that in the event of the failure of a bank to comply the requisition made under sub clause (1) the Banking Ombudsman may, if he sees fit, draw the inference that the information, if provided or copies if furnished, would be unfavourable to the bank.

(2) The Banking Ombudsman shall maintain confidentiality of any information or document coming into his knowledge or possession in the course of discharging his duties and shall not disclose such information or document to any person except with the consent of the person furnishing such information or document. Provided that nothing in this clause shall prevent the Banking Ombudsman from disclosing information or document furnished by a party In a complaint to the other party or parties, to the extent considered by him to be reasonably required to comply with the principles of natural justice and fair play in the proceedings.

18. SETTLEMENT OF COMPLAINT BY AGREEMENT

1. As soon as it may be practicable so to do the Banking Ombudsman shall cause a notice of the receipt of any complaint along with a copy of the complaint to the branch or office of the bank named in the complaint and endeavour to promote a settlement of the complaint by agreement between the complainant and the bank named in the complaint through conciliation or mediation.
2. For the purpose of promoting a settlement of the complaint, the Banking Ombudsman may follow such procedure as he may consider appropriate and he shall not be bound by any legal rule of evidence.

19. RECOMMENDATION FOR SETTLEMENT

1. If a complaint is not settled by agreement within a period of one month from the date of receipt of the complaint or such further period as he may consider necessary, the Banking Ombudsman may make a recommendation by reference to what is, in his opinion, fair in all the circumstances. Copies of the recommendation shall be sent to the complainant and the bank concerned.
2. The recommendation by the Banking Ombudsman shall be open to acceptance by the complainant only if he accepts all terms of the recommendation in full and final settlement of his claim against the bank and he shall, if he accepts the recommendation, within two weeks from the date of receipt of the recommendation send his acceptance in writing stating clearly that he is prepared to accept a settlement in terms of the recommendation is full and final settlement of his complaint.
3. The Banking Ombudsman shall cause a copy of the letter of acceptance, received from the complainant to be forwarded to the bank. The bank shall, if the recommendation is acceptable to it, comply with the terms of the recommendation immediately on receipt of acceptance of the terms by the complainant and inform the Banking Ombudsman of the settlement in terms of his recommendation. If the recommendation is not acceptable to the bank, it shall inform the Banking Ombudsman within a period of two weeks.

20. AWARD BY THE BANKING OMBUDSMAN

1. Where the complaint is not settled by agreement or recommendation as provided in clause 18 or 19 as the case may be, within a period of two months from the date of receipt of the complaint or such extended date as may be considered necessary by him, the Banking Ombudsman shall inform the parties of his intention to pass an Award.
2. It shall be open to the parties to submit any further representations or evidence in support of their case within a period of 15 days from the date of notice referred to in sub- clause (1).
3. The Banking Ombudsman shall pass an Award after affording the parties reasonable opportunity to present their case. He shall be guided by the evidence placed before him by the parties, the principles of banking law and practice, directions, instructions and guidelines issued by the Reserve Bank from time to time and such other factors which in his opinion are necessary in the interest of justice.
4. An Award shall be in writing and shall state the direction/s, if any, to the bank for specific performance of its obligations and the amount awarded to the complainant by way of compensation for the loss suffered by him Belong with a summary of the reasons for making the award,

Provided that the Banking Ombudsman shall not award any compensation in excess of that which is necessary to cover the loss suffered by the complainant as a direct consequence of the commission or omission of the bank, or for an amount exceeding rupees ten lakhs, whichever is lower.

5. A copy of the award shall be sent to the complainant and the bank named in the complaint.
6. An Award shall not be binding on a bank against which it is passed unless the complainant furnishes to it, within a period of one month from the date of the Award, a letter of acceptance of the award in full and final settlement of his claim in the matter. Within fifteen days from the date of receipt by it, of the acceptance in writing of the Award by the complainant the bank shall comply with the Award and intimate the compliance to the Banking Ombudsman.
7. The Banking Ombudsman shall report to the Reserve Bank the non-compliance by any bank of an Award which became binding on it pursuant to sub-clause (6).

21. REJECTION OF THE COMPLAINT

The Banking Ombudsman may reject the complaint at any stage if it appears to him that the complaint is made without any sufficient cause or that it is not pursued by the complainant with reasonable diligence or that prima facie, there is no loss or damage or inconvenience suffered by the complainant.

CHAPTER V

MISCELLANEOUS

22. REMOVAL OF DIFFICULTIES

If any difficulty arises in giving effect to the provisions of this scheme, the Reserve Bank may make such provision not inconsistent with the Banking Regulation Act 1949 or the scheme, as appears to it to be necessary or expedient for removing the difficulty.

ARE YOUR INVESTMENTS SAFE ?

We all have a very good habit of saving for the future. We invest our hard earned savings either in the banks or in some private company or in an NBFC (Non-Banking Finance Company). Well, banks are the safest as your savings are insured upto the value of Rs. 1,00,000=00. Registered and reputed private companies are a good option too. But what about the cluster of NBFC's that have mushroomed all over the country. How safe is your deposit with these companies? Very frequently there is news of a scam committed by some financial company. There are cases where the finance company has stopped paying interest and maturity amount to its depositors. The helpless investors, with their dreams shattered, run from pillar to post in search of recourse against these finance companies. Nothing happens, either because the investor cannot afford a lawyer to fight a court case or he is ignorant of the laws. Here I wish to tell you the ways to tackle such a problem and how you can lodge a complaint against the defaulting company.

ACTION AGAINST THE DEFAULTING FINANCE COMPANY

First, as soon as your cheque is bounced, try to collect as many investors as possible for a united action. To collect more people, give your advertisement free of cost in the helpline column of various newspapers asking the investors of the defaulting company to telephone you. When you have collected many investors, hold a meeting and collect individual applications from each investor to make a joint complaint.

First thing you have to do is jointly approach the defaulting company with a written application asking for refund of your interest amount and the maturity amount. If you all are not satisfied with the reply of the owner of the defaulting company, then jointly lodge a complaint against the defaulting company with the local police department. If the value of the total amount of deposit exceeds Rs. 20,00,000=00

then it falls in the vicinity of the Economic Offences Wing of the Crime Branch situated at the Crawford market, Mumbai. File your joint complaint with the Jt. Commissioner of Police at the EOW of Crime Branch.

Another recourse is that you file a complaint with the relevant Consumer Forum. You can also file a complaint against the defaulting company with the Reserve Bank of India, Company Law Board and MRTP ( Monopolies and Restrictive Trade Practices, New Delhi).

Company Law Board (CLB) is now vested with additional powers to take action against the defaulting company. Details about Company Law Board and the format of filing a complaint is given below

RECOVERING PRINCIPAL AND INTEREST AMOUNT

Now the powers have been vested with the Company Law Board for directing the defaulting NBFCs to make repayment of the deposits/interest with a view to protect the interests of the depositors.

Reserve Bank of India (Amendment) Act,1997 have added section 45QA to the Act so as to empower the Company Law Board to order repayment of deposit.

WHAT IS SECTION 45QA

Section 45QA reads as follows :

"Power of Company Law Board to order repayment of deposit. -

(1) Every deposit accepted by a non-banking financial company, unless renewed, shall be repaid

and the other persons interested in the matter.

To give effect to the above provisions, Company Law Board Regulations 1991 have been amended vide Notification No.GSR 433 (E) dated 1st August, 1997-(1997) 26 CLA (ST) 112.

The application for refund of deposits and interest thereon, can be made in prescribed Form No.4 of the Company Law Board Regulations 1991 in duplicate along with a fee of Rs.50 by way of Demand Draft/Pay Order in favour of Pay & Accounts Officer, Department of Company Affairs to the Bench Officer, Company Law Board, at New Delhi/Calcutta/Mumbai/Chennai under whose jurisdiction, the Registered Office of the defaulting company falls.

The following table gives the jurisdiction of various offices of the Company Law Board :-in accordance with the terms and conditions of such deposit.

(2) Where a non-banking financial company has failed to repay any deposit or part thereof in accordance with the terms and conditions of such deposit, the Company Law Board constituted under section 10E of the Companies Act, 1956 (1 of 1956) may, if it is satisfied, either on its own motion or on an application of the depositor, that it is necessary so to do to safeguard the interest of the company, the depositors or in the public interest, direct, by order, the non-banking financial company to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order:

Provided that the Company Law Board may, before making any order under this sub-section, give a reasonable opportunity of being heard to the non-banking financial company

FORM NO.4

(See Regulation 37)

APPLICATION BY DEPOSITOR UNDER SECTION 58 A (9) OF THE ACT OR SECTION 45 QA of the RBI Act, 1934. BEFORE THE COMPANY LAW BOARD (...... BENCH)

IN THE MATTER OF THE COMPANIES ACT, 1956 (1 OF 1956) SECTION 58 A/RBI ACT,1934.

AND

IN THE MATTER OF : (Name of the Depositor-applicant)

AND

IN THE MATTER OF : (Name of the Company)

1. INTRODUCTION:

1. Name and address of the Depositor-applicant :

2. Name of the company and address of its Registered Office :

3. Name(s) of Depositor(s) (if being filed jointly by many depositors) with full address and amount of deposit. (To be enclosed as annexure giving details under following heads).

S. NO

NAME

ADDRESS

DEPOSIT AMOUNT

DATE

RATE OF INTEREST

MATURITY AMOUNT

DATED

REMARKS

2. TRANSACTION:

1. Total amount of Deposit :

2. Fixed Deposit Receipt no. & Date (Photostat copy to be enclosed) :

3. Terms and Conditions of Deposit as also date of maturity of Deposit :

4. Details of payment made, by the company, if any :

5. Actual amount due as on date of application (Principal/interest) :

6. Details of correspondence, if any, made between the company and the Depositor (copy of correspondence to be enclosed) :

7. Any other particular(s) as may be considered relevant :

PRAYER:

The Depositor -applicant, therefore, prays : -

(i) that the company be directed to make repayment of the aforesaid Deposit(s) along with interest due thereon in accordance with the Terms and Conditions of the Deposit.

(ii) that such further orders be passed as the Company Law Board may deem fit in the circumstances of the case.

(Signature of the Depositor-applicant)

Place ................

Date ...................

Important:

1. The application is required to be accompanied by a demand draft of Rupees Fifty, drawn in favour of "The Pay and Accounts Officer, Department of Company Affairs, New Delhi/ Bombay/ Calcutta/Chennai."

2. Application is to be submitted in duplicate at one of the following addresses (suiting your territorial jurisdiction).

MODEL FORM OF INFORMED CONSENT

MODEL FORM OF INFORMED CONSENT

I ..................................... son of ............................... aged ................ resident of ........................................... being under the treatment of ....................................... (state here name of doctor/hospital/nursing home) do hereby give consent to the performance of medical /surgical /anesthesia/ diagnostic procedure of ....................................................... (mention nature of procedure / treatment to be performed, etc.) upon myself/upon ................................................... aged ............. who is related to me as ................................... (mention here relationship, e.g. son, daughter, father, mother,wife, etc.).

I declare that I am more than 18 years of age.I have been informed that there are inherent risks involved in the treatment / procedure. I have signed this consent voluntarily out of my free will without any pressure and in my fell senses.

Place :

Date : SIGNATURE

Time : ( To be signed by parent /guardian in case of minor)

NOTES :

1. This Consent Form should be signed BEFORE the treatment is started. These formats may be modified as per individual requirements or experiences of Hospitals /Nursing Homes.

2. These formats should be in local language and in certain cases it would be prudent to record a proper witness to signature consent.

3. Informed consent forms for various situations can be made for Nursing Homes / Hospitals. Help of lamay have to be taken. Detailed forms on Medical history can also be maintained. Keep all records in order and safely.

4. It is important to note that written consent should refer to one specific procedure. Obtaining a ‘blanket’ consent on admission does not have legal validity.

Selected Provisions of The Consumer Protection Act 1986 Explained

Selected Provisions of The Consumer Protection Act 1986 Explained
( As Relevant to the Medical Profession )

The Consumer Protection Act, 1986 which came into force on 15th April,1987 is a welfare legislation mainly titling towards the consumer just as the Industrial Disputes Act is loaded in favour of workers. The aims and objects of the Act inter alia are,as given in its Preamble, better protection of the interests of the consumer and for settlement of consumer disputes. It provides for speedy and inexpensive settlement of disputes within a limited time frame, as against civil actions which are costly and take years in coming to a settlement. Provisions of the Act are in addition to and not in derogation of any other law for the time being in force and are compensatory in nature.

The Act envisages a three-tier quasi-judicial machinery, i.e.,District Consumer Disputes Redressal Forum at the district level State Consumer Disputes Redressal Commission of the state level and National Consumer Disputes Redressal Commission at the National level.

Recently, the Act has been amended by the Consumer Protection (Amendment) Act, 1993, w.e.f. 18.6.1993. We shall deal selectively with provisions of the Act which are relevant to the Medical Profession, as they exist as on today. The meaning of legal terms are being restricted to such terms only as concern the Medical Profession.

Definitions

Complainant means -

(i) a consumer ; or

(ii) any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force; or

(iii) the Central Government or any State Government ;

(iv) one or more consumers, where there are numerous consumers having the same interests ; who or which makes a complaint.

Complaint means - Any allegation, in writing made by a complainant that the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect.

Consumer means - Any "person" who hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised,or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person.

Comment

Consideration means fees /payment. Fees may have been fully paid in cash or cheque, or undertaking that it will be paid, which is accepted by the doctor hospital. The fees may have been given partly (as advance) with the understanding that the remaining bill will be paid subsequently. The payment may be done by the patient himself, or by someone else for the patient, e.g., father for his child, husband for wife, any person for someone.

A person who receives medical treatment in Government hospital or charitable hospital free of cost is not a consumer under the Act.

In case of death of patient who is a consumer, legal heirs (representatives) of the deceased will be considered as "consumer". If the payment has been made by any person who is not a legal heir of the deceased he too will be considered as "consumer."

The three words used above (deficiency, person, service) explained under this act are as follows :

Deficiency means - Any fault, imperfection, shortcoming or inadequacy in the quality, nature, and manner of the performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.

Comment

Deficiency/negligence means fault, imperfection, shortcoming or inadequacy in quality, nature and manner of performance of the medical service rendered by a hospital and /or member of the medical profession.

Person includes -

* a firm whether registered or not;
* a Hindu undivided family;
* a co-operative society
* every other association of persons whether registered under the Societies Registration Act, 1860 or not.

Service means - Service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board of lodging or both, housing construction, entertainment, amusement or the purveying of news or other information but does not include the rendering of any service free of charge or under a contract of personal service.

Although medical profession has not been included under the term "service" but in many of the decided cases medical services have been deemed to be included in the definition of service in view of the expression ; ‘service means service of any description.’

Charge means - Fee / payments with element of profit making motive involved. As Government hospitals/certain charitable hospitals do not charge fees, hence such services rendered are exempted from this Act. In certain situations where hospitals are charging nominal stamp fees, contributions are made by Govt.employees to the CGHS , payments are made for cottage wards, diagnostic tests are done under auto-finance scheme, such services do not have any element of profit motive. Hence the persons availing of these services are not consumers and the services rendered do not fall under the Act, as there is no consideration paid for hiring of such services.

The second category of "service" exempt under this Act are those services which are rendered under a contract of personal service.

It has been held by the National Consumer Disputes Redressal Commission ( National Commission) on April 21,1992 in the case of Cosmopolitan Hospitals and Anr. v. Vasantha P. Nair [ 1 (1992) CPJ 302 (NC) ] that the medical treatment rendered to a patient by a private doctor or clinic for consideration is clearly a service falling within the ambit of section 2 (1) (o) of the Consumer Protection Act. It is not a contract of personal service but a contract to render professional service. It is now well settled that hospital authorities rendering service for consideration are liable to the patient for caused by him by the negligence or other fault of the doctors, surgeons, nurses, anesthetists and other members of the hospital in the course of their work. The liability of the hospital authorities extends to the faults of doctors and other employees whether their employment is permanent or temporary or casual, paid or honorary, whole or part-time as happens in the case of visiting physicians/surgeons.

Consumer Protection Act and Medical Profession

The Background

The best way to come directly to the issue would be to know about the rights of the consumer. The eight rights as defined by the International Organization of Consumers’ Union ( IOCU) are as follows :

THE CONSUMER RIGHTS

1. The Right to Safety

Which means the right to be protected against products, production processes and services which are hazardous to health or life. The right to safety has been broadened to include the concern for consumers’ long-term interests, not only their immediate desires.

2. The Right to be Informed

Which means the right to be given the facts needed to make an informed choice or decision. The right to be informed now goes beyond avoiding deception and the protection against misleading advertising, labelling or other practices. Consumers should be provided with adequate information, enabling them to act wisely and responsibly.

3. The Right to Choose

Which means the right to have access to a variety of products and services at competitive prices and in the case of monopolies, to have an assurance of satisfactory quality and service at a fair price. The right to choose has been reformulated to read : the right to basic goods and services. This is because the unrestrained right of a minority to choose can mean for the majority a denial of its fair share.

4. The Right to be Heard

Which means the right to be represented so that consumers’interest receive full and sympathetic consideration in the formulation and execution of economic policy. This right is being broadened to include the right to be heard and represented in the development of products and services before they are produced or set up; it also implies a representation, not only in government policies, but also in those of other economic powers.

5. The Right to Redress

Which means the right to a fair settlement of just claims. This right has been generally accepted since the early 1970s. It involves the right to receive compensation for misrepresentation or shoddy goods or services, and where needed, free legal aid or an accepted form of redress for small claims should be available.

6. The Right to Consumer Education

Which means the right to acquire the knowledge and skills to be an informed consumer throughout life. The right to consumer education incorporates the right to the knowledge and skills needed for taking action to influence factors which affect consumer decisions.

7. The Right to a Healthy Environment

Which means the right to a physical environment that will enhance the quality of life. This right involves protection against environmental problems over which the individual consumer has control. It acknowledges the need to protect and improve the environment for present and future generations.

8. The Right to Basic Needs

The right to basic needs means that availability of articles which are the basic need of every consumer must be ensured.15th March is celebrated as World Consumer Rights Day. On this day in 1962, President J.F. Kennedy declared four consumer rights ( No.1 to 4 ) in the special message to the American Congress. Consumer rights number 5 to 8 were subsequently added by IOCU.

Govt. of India also included the above rights in its Twenty-Point Programme. The Consumer Rights No. 1 to 6 are also enshrined in our Consumer Protection Act, 1986.

Application in case of non – compliance of the order of the District Forum / State Commission / National Commission.

Before the Hon’ble District / State / National Consumer Disputes Redressal Forum / Commission at ______________.

In Reference: Complaint No. ______________ of _____________.

In the matter of: Name and Address of the Complainant

versus

Name and Address of the Opposite Party

Application under Section 27 of the Consumer Protection Act, 1986

RESPECTFULLY SHOWETH:

1) That vide orders dated ____________ passed in complaint no. ________ of ____ this Hon’ble Forum / Commission had been pleased to allow the complaint and in terms of the said orders the opposite party was to ______________________ within a period of _______________ days.

2) That the respondent(s) has/have flagrantly violated the said orders of this Hon’ble Forum / Commission in as much as he has they have not complied with the same, wholly or in part, within the prescribed period of _______ days which expired on ________. In fact the respondent(s) has / have not initiated any steps even in this regard.

3) That the respondent(s) has / have committed an offence under section 27 of the said Act.

It is therefore most respectfully prayed that the respondent(s) be summoned and tried for having committed the aforesaid offence under section 27 of the Act and be punished accordingly. Any other order which this Hon’ble Forum / Commission may be pleased to grant may also be passed.

Place: Signature

Date: Complainant(s)

General Procedure of Consumer Complaint

1. Send a notice to the Opposite Party giving him time limit to settle your grievance.

2. Prepare the consumer complaint in the required format (as also given in this web-site)

3. Get the complaint affidavit notarized through a notary.

4. Make required number of photocopies after notarizing.

5. Prepare a bank draft from a nationalized bank to pay court fee.

6. Submit the complaint and court fee to the receiving clerk in the consumer court who will give you the date for admission hearing and complaint reference number number.

7. On admission hearing, you would be informed whether your case is fit for acceptance or not. If accepted, you will be given the date for next hearing.

8. The court will send your complaint copy to the opposite party seeking reply within 30 days, and asking him to attend the hearing.

9. The hearings will continue till the matter is decided.

10. The courts final order will be sent to all the parties by registered post.

LIMITATION PERIOD

The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which cause of action has arisen.

FORMAT OF THE CONSUMER COMPLAINT

BEFORE THE HON’BLE NATIONAL / STATE / DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION/FORUM AT ( CITY ).

COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.

IN THE MATTER OF : (Name and address of complainant)

.................... COMPLAINANT

VERSUS

(Name and address of the accused)

.................... OPPOSITE PARTY

INTRODUCTION:

A brief paragraph about the complainant explaining the name, residence address and occupation of the complainant.

A brief paragraph about name, address and occupation of the opposite party.

RESPECTFULLY SHOWETH:

1. Description of the deal and services promised by the opposite parties for the value paid by the complainant.

2. Description of the advertisements given by the opposite parties which attracted the complainant to purchase the commodity and services.

TRANSACTION :

Details of the price of goods and services.

Details of the bill/invoice (bill number and date, item and amount)

Details of payments made by complainant (cheque number/cash, etc.)

NATURE OF COMPLAINT:

(select from list or write as required)

1. Misleading advertisements and false representation.

2. Cheating by giving false promises.

3. Deficiency in after sales service or not abiding by warranty clause.

4. Harassment by the opposite party.

5. Not delivering the goods and services for which payment is made.

6. Charging excess amount.

7. Any other factors that affected the consumer.

OTHER EVIDENCES OF SUPPORT OF COMPLAINT:

Copy of advertisement and catalogue that promised the concerned goods and services.

Copy of bill as evidence of purchase.

Other documents such as agreement copies, bounced cheques, opposite parties' letters.

Copy of letters sent to the opposite party to request for rectification of fault and settlement of the grievance.

JURISDICTION:

(Select one)

As the total amount involved is more than Rupees 1crore, hence the complaint is being filed with the Hon'ble National Consumer Disputes Redressal Commission.

OR

As the total amount involved is more than Rupees 20 lakhs and less than 1crore,hence the complaint is being filed with the Hon'ble State Consumer Disputes Redressal Commission.

OR

As the total amount involved is less than Rupees 5 lakhs hence the complaint is being filed with the Hon'ble District Consumer Disputes Redressal Commission.

PRAYER:

The complainant therefore prays :-

i) relief be granted to the complainant as demanded herein.

ii) that such orders be passed as the Hon'ble Consumer Forum may deem fit in the circumstances of the case.

iii) that the accused should be punished severely so that culprits of similar kind would be afraid to indulge in such criminal activities.

iv) mention any other statement of prayer you wish to state.

PLACE : Signature

DATED : NAME OF THE COMPLAINANT

VERIFICATION

I (name of complainant), resident of (residential address) hereby declare that I have not misrepresented any facts nor have tried to hide any information in my above complaint. All the facts mentioned herein are true to the best of my knowledge.

Name & signature of complainant

Domestic Violence Act: Protection officers don’t act, women get no justice

Domestic Violence Act, 2005
Pune Public hearing bares the harsh reality behind implementation of the Act

Court directions under the Protection of Women from Domestic Violence Act 2005 (PWDVA) are not executed because of passive protection officers.

This emerged as 10 women presented their cases in the first ever Jansuwai or public hearing in Maharashtra on the PWDVA that was held at the Ambedkar Bhavan in the city on Friday to depict the reality in the implementation of the D V Act, two years after it came into force.

There was a resounding call for independent, full time protection officers who are sensitised about the Act and are backed by the necessary infrastructure and money to facilitate its implementation.

One of the women who spoke at the hearing , Farzana, has been on a vigil outside her home for the last one month as her in-laws have denied her entrance. She has an order in her favour, but has found little support from the protection officers. “She would have been able to gain entrance had the protection officer been available at the right time,” said Sanyogita Dhamadhere, representative of Centre for Advocacy and Research, one of the organisations that participated in the public hearing. The hearing was organised by Asmita Manch, an umbrella for the women’s organisations in the city. Shivani, another speaker, said that she did not get access to her flat, as granted by the court, owing to the reluctance of the protection officers and policemen. Things changed only when women’s organisations were involved, she said.

Also, when women attempt to file cases under the DV Act, they are not accepted, forcing them to go through NGOs and other organisations. All the ten women who spoke at the hearing had filed their cases through women’s organisations. Ideally it is the protection officer who should file the case, Dhamadhere said.

This was reiterated by former Bombay high court judge Jayapal Patil who said that protection officers should identify and file cases for victims. “For that, they have to be sensitised about the Act and work full time. In the present set up, they are burdened by other duties,” he said.

Protection officers (POs) are drawn from various other posts like block development officer or tehsildars or an extension officer and given additional responsibility under the Act. “There is a marked reluctance among officers to become protection officers. Most officers want exemption from their duties,” said Chintamani Joshi, resident deputy collector and additional district magistrate, speaking at the event. Joshi said that there had been training seminars and a full day workshop was on the cards to sensitise POs about the Act.

Jaya Sagade, vice-principal of ILS Law College, also called for independent POs and gender-based training of lawyers, policemen, judiciary, POs, and all service providers. “There also ought to be a declaration of public health facility and medical facility under the Act,” she said. At present, women who have faced domestic violence have to go to the doctor on their own to treat their injuries. “Violence against women ought to be treated as a society problem, not a personal problem,” Sagade said.