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Consumer Protection Council, Rourkela
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Complaints

1.  Unfair trade practice by SBI Card & Indiaplaza
2.  Taken for a ride by IndiaPlaza & SBI Card
3.  Pathetic service by Indiatimes
4.  Well trapped by ICICI


Unfair trade practice by SBI Card & IndiaPlaza

     I request your help in fighting against the poor service offered by Indiaplaza.in.  They seem to tweak their rules as per their whims and wishes and cheat the customers.

Case History:
1. As part of the new year offers, SBI Card had launched an offer (100% Cash Back @Indiaplaza) which entitled customers to receive a Gift certificate of Rs. 5000 from Indiaplaza on shopping for a minimum amount of Rs. 5000.  At the same time Indiaplaza itseld had a new year offer giving some Travel benefits / Gift Vouchers on shopping at their site.  I checked with Indiaplaza and SBI and confirmed that the two offers were seperate and i would be eligible for both if I shopped during the mentioned period (I even have a e-mail from Indiaplaza Customer Service).  However after I made the purchase, Indiaplaza customer service came back saying that the offers are mutually exclusive and I will only be eligible for 5000 Gift certificate.  I did not want to pursue the issue and agreed to their view.

2. I made a purchase for around Rs. 17,000 (mobile phone and digital camera) availing my GC and also paying remaining by credit card.  The mobile phone was shipped within 2 days as promised.  However the digitial camera was never shipped even after 20 days.  I made several follow-up during this time.  Finally Indiaplaza came back and said that they were cancelling the digital camera order and will refund me the amount.  Now, they did not utilize my GC and charged my Credit card fully for the mobile phone.  Effectively GC is equivalent to money and I followed all the terms and conditions.  If the item is not available, then it is not my fault at all.  I am expecting a refund of Rs. 5000. 

     The attitude and response from Customer service is extremely bad.  Till today I have around 20 e-mails with the same verbatim text (Regret the inconvenience).  They are extremely insensitive to the calls also and nobody has called me and updated anything till date in spite of several promises. 

     The order numbers for your reference are: 
     290120080301, 241220070487

     You are my last resort to resolve this issue as I came across some posting on the net saying you resolve the issue.  Please let me know your response to this issue.  I would like to file a complaint at consumer court and claim significant amount as compensation. 
 

Madhesh, Wipro Infotech - Consulting Division, Mission Road, Bangalore-27.
.

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Taken for a ride by IndiaPlaza & SBI Card

     I hold an SBI Credit Card. The SBI Credit Card announced the following scheme:
 “100% Back. Use your SBI Card to purchase any product from www.indiaplaza.in and get 100% back! Buy any product from www.indiaplaza.in and get a Free voucher equivalent to the same amount.”

     Then I contacted the IndiaPlaza over the phone to ascertain about the offer. I was told that a free voucher equivalent to the “same amount of purchase made” would be given. This was their promotional offer, I was informed.

     Accordingly I ordered online through the Internet on 31-12-2007 from the www.indiaplaza.in one MOTO ROKR E6 MOBILE and one MOTO H500 BLUE TOOTH – under this ‘100% Back offer’. The total cost of the purchase made was Rs. 15,139 including the mailing charges. Even though the cost of the articles were very much more than the then prevailing market prices for these products, the offer of ‘100% Back’ offer of refund was attractive enough and so I made the purchases online. This amount Rs. 15,139 was charged on my SBI credit card.

    As per the offer given in the scheme, I become eligible to get the promised ‘Free voucher’ for Rs. 15,139 which “equivalent to the same amount” of my purchase from the IndiaPlaza.   But, I did not get the promised ‘Free voucher’ for Rs. 15,139 within a reasonable time.  And so, I contacted the IndiaPlaza over the phone and then I was told by the IndiaPlaza that as per their ‘conditions’ I was not eligible for the ‘100% Back’ offer but only eligible for a voucher for Rs. 5,000/- and that too with an inbuilt proviso that I should again make a purchase from them for at least twice that amount viz. Rs. 10,000/- from them to become eligible to get the voucher for Rs. 5,000 !  To say the least this volte face by the IndiaPlaza is ex-facie highly unethical, nefarious, despicable, unscrupulous, unprincipled, dishonorable and scandalous, as it prima facie constitutes an unfair trade practice done with a specific intent to cheat the gullible public by issuing a misleading advertisement / announcement in collusion with the SBI Credit Card. I was not informed of these ‘hidden conditions’ before I made the purchase and so I am not bound by these ‘conditions’ as these were non-existent at the time of the offer. These ‘conditions’ also run counter to the offer of ‘100% Back’ made. These ‘conditions’, even if they existed, were made invisible to me with intent to cheat and so ex-facie is bad in law. The fine print that ‘conditions apply’ in the SBI Credit Card pamphlet is even very difficult to locate and much less to read in contrast to the very bold “100% Back” seen on print. Anyway at no point of time before I made the purchase I was informed of these ‘conditions’ that are vital to the transactions. Assuming for the sake of argument, but without conceding that, even if these conditions did exist at the time of offer and the subsequent acceptance of it, then they are certainly not binding on me as I have not accepted to these conditions explicitly. Such vital conditions were not even printed in the pamphlet issued by the SBI Credit Card and as such it is a misleading advertisement. The IndiaPlaza did not communicate to me these ‘conditions’ at any point of time before placing the order. The ‘conditions’ are thus unilateral in nature and so are not binding on me. Neither the IndiaPlaza nor the SBI Credit Card can now shrug  out their responsibilities and wriggle out of the situation by taking cover under a non-descript fine-print ‘conditions apply’ shown callously and indifferently at one innocuous corner of the pamphlet issued by the SBI Credit Card.  It is apparent that the SBI Credit Card is also colluding with the IndiaPlaza in their unfair trade practice with intent to cheat the gullible general public.

     The Retail Invoice Bill for the above purchase was curiously issued in the name of a non-existent one - “Mr. / Mrs.----Bhaskar Ghosh, Chennai 600 017” and was not issued in my name even though the parcel was correctly addressed in my name and was delivered to me at my address! Only after several frantic phone calls by me to IndiaPlaza I received a hand written bill in my name. This act of IndiaPlaza only strengthens my suspicion that this may not just be an isolated and an unintentional gaffe in issuing a receipt in the name of a ‘wrong’ person on the part of IndiaPlaza, but done so intentionally with a purpose to avoid any litigation proceedings against them later on.  If true, then the IndiaPlaza is certainly trying to bat on a sticky wicket.

     As if adding insult to injury, the MOTO ROKR E6 MOBILE phone delivered to me by IndiaPlaza was gravely defective and had to be sent for major repairs immediately on receipt at the Motorola Service Centre, Chennai. The practice at this Service Centre is that any minor defect in a mobile phone would be immediately attended to and fixed and delivered immediately and only the mobile phones that have inherent and serious defects are booked for elaborate repairs to be delivered later. My mobile was taken for elaborate repairs! This proves that the mobile phone received by me had several inherent defects as it took more than a week for the Service Centre to fix the defects and to deliver the same to me. This proves beyond doubt that the IndiaPlaza had sent me a defective mobile phone.

     The SBI Credit Card are equally liable for the culpable offense committed by IndiaPlaza as the SBI Credit Card, using their popularity and their brand name, have also helped directly and indirectly, aided and abetted in the unfair, unethical, nefarious and despicable trade practices of IndiaPlaza in cheating the innocent general public by issuing a misleading advertisement luring me to make a purchase from the IndiaPlaza. Thus the SBI Credit Card is also liable for damages individually and jointly with the IndiaPlaza. 

     The IndiaPlaza after my purchase offered that they would send me a ‘surprise gift’ if I took part in their survey. Accordingly I did participate in this survey, but I was not given any ‘surprise gift’. I certainly do not envisage that the unsavory and unethical trade practice resorted to by the IndiaPlaza is their ‘surprise gift’ I was to receive. I am entitled to receive the ‘surprise gift’ as I have participated in the survey. My acceptance of the offer made by the IndiaPlaza of a ‘surprise gift’ by taking part in their survey makes it a valid contract on the part of the IndiaPlaza to deliver the ‘surprise gift’ to me immediately.

     My repeated requests to the IndiaPlaza over the phone requesting them to send me the promised Free vouchers for Rs. 15,139/- appear to have fallen on their deaf ears. I request the IndiaPlaza and the SBI Credit Card to honour their offer and the commitment made in the “100% Back” offer and send me the voucher for Rs. 15,139 along with the promised ‘surprise gift’ for taking part in the survey.  Otherwise I will be constrained to approach the appropriate Consumer Court for suitable remedy to redress of my grievances against the IndiaPlaza and the SBI Credit Card.
 

Dr. T. R. BALAKRISHNAN [Former Principal, Presidency College, Chennai],  T. Nagar, Chennai–17.

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Pathetic service by Indiatimes

      EXTREMELY BAD SERVICE AND NON DELIVERY OF ORDER BY INDIATIMES.
ORDER NO- 110971333 Not delivered… 

      If I would have been careful and seen your website and read the complaints by other customers, I would have never placed my order on this RUBBISH website.. 

      All they know is to advertise and fool their customers.. Their systems, products, people, manager - are a piece of xxxx and incompetent bunch of xxxxxx... 

      Let me advice them to celebrate valentine 5 days later with their husbands/ wives and see what it feels like before suggesting that since too many orders, we couldn’t get flowers delivered on 14th Feb.. Pah!! 

      MOST HORRIBLE CUSTOMER EXPERIENCE I HAD.. And not to mention that their agents can't escalate, their supervisors never available and managers always in meetings...  Wonder what they meet for- maybe to discuss how to make lives of customers more difficult... 

      BUNCH OF xxxx- that’s what these people.. I am surely going to lodge a complaint against them and bring it to press.. Enough of their taking customers for granted !!
 

Rachna Mohan,  DELL Computers, Vancouver, Canada.

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Well trapped by ICICI 

    I am a C.A. working with Reliance group of companies. I had invested in share market but due to bearish market in January I was also trapped along with others. During the same period I had recieved a call from call center of ICICI bank for personal loan on my credit card. I had made enquiry only without any confirmation on paper. Then the Loan got processed but since I was in need of money urgently I utilised the same. Although I can return the same money now, but by then I received a statement from the Bank where the processing fees for the loan was charged which was Rs.9505 and when made the enquiry for preclosure the preclosure charges mentioned was 3% of the principal and 1 month EMI.  All this Processing charges and preclosure of loan conditions were not mentioned to me earlier I made the enquiry. All these amounts to around Rs. 30,000 which is a big sum for me. Please guide.

Nilesh Y. Thakkar, Reliance Wellness Ltd.,  RCP, NOCIL, Ghansoli, 
Navi Mumbai.



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