Thursday, December 18, 2008

file a complaint

COMPLAINT
Who can file a complaint
[Sections 2(b) & 12]
At the outset it is clear that a person who can be termed as a consumer under the Act can make a complaint. To be specific on this account, following are the persons who can file a complaint under the Act:
(a) a consumer; or
(b) any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force, or
(c) the Central Government or any State Government,
(d) one or more consumers, where there are numerous consumers having the same interest.
(e) in case of death of a consumer, his legal heir or representative.
In addition to the above following are also considered as a consumer and hence they may file a complaint:
Beneficiary of the goods/services - The definition of consumer itself includes beneficiary of goods and services.
Where a young child is taken to the hospital by his parents and the child is treated by the doctor, the parents of such a minor child can file a complaint under the Act - Spring Meadows Hospital v. Harjot Ahluwalia JT 1998(2) SC 620.
Legal heirs of the deceased consumer - A legal heir of the deceased consumer can well maintain a complaint under the Act - Joseph Alias Animon v. Dr. Elizabeth Zachariah (1) 1997 CPJ 96.
Husband of the consumer - In the Indian conditions, women may be illiterate, educated women may be unaware of their legal rights, thus a husband can file and prosecute complaint under the Consumer Protection Act on behalf of his spouse - Punjab National Bank, Bombay v. K.B. Shetty 1991 (2) CPR 633.
A relative of consumer - When a consumer signs the original complaint, it can be initiated by his/her relative - Motibai Dalvi Hospital v. M.I. Govilkar 1992 (1) CPR 408.
Insurance company - Where Insurance company pays and settles the claim of the insured and the insured person transfers his rights in the insured goods to the company, it can file a complaint for the loss caused to the insured goods by negligence of goods/service providers. For example, when loss is caused to such goods because of negligence of transport company, the insurance company can file a claim against the transport company - New India Assurance Company Ltd. v. Green Transport Co. II 1991 CPJ (1) Delhi.
Time frame within which a complaint can be filed
Section 24A of the Act provides that a consumer dispute can be filed within two years from the date on which the cause of action arises.
The point of time when cause of action arises is an important factor in determining the time period available to file a complaint. There are no set rules to decide such time. It depends on the facts and circumstances of each case.
Example: A house was allotted on 1-1-1999. Defects appeared in the house on 10-1-1999. Here the cause of action will arise on 10-1-1999.
It may be noted that these time frames are not absolute limitations. If the Consumer Forum is satisfied that there was sufficient cause for not filing the complaint within the prescribed period, it can entertain a complaint beyond limitation time. However the Forum must record the reasons for condonation of delay.

Wednesday, December 17, 2008

Ghajini

Ghajini is a romantic action thriller that explores the life of a once-rich businessman who suffers from short term memory loss following a violent encounter. Parts of the film were shot in the Deadpan Desert of Namibia and in Cape Town, South Africa.
Cast
· Aamir Khan as Sanjay Singhania
· Asin Thottumkal as Kalpana
· Jiah Khan as Sunita (Medical Student)
· Riyaz Khan as Police officer
· Pradeep Rawat as Lakshman
Plot
The film’s main story is inspired from Memento directed by Christopher Nolan. Sanjay Singhania (Aamir Khan), is a rich businessman who owns a cellular phone company named Air Voice and the events surrounding his relationship with Kalpana (Asin Thottumkal).
Kalpana, an advertisement model goes around telling her advertisement crew that she is the love interest of Sanjay. She does this in spite of she having never met him and also goes to the extent of giving an interview about her relationship to a popular magazine. Sanjay happens to hear about this through the media and wants to settle scores with her. On his way, he catches a fleeting glimpse of a young woman (who happens to be Kalpana) helping handicapped children to cross a street. It is love at first sight for Sanjay. He moves on to confront Kalpana at her advertisement studio. He is pleasantly surprised to realize that she is the same helpful woman he saw a while ago. He chooses to hide the fact from her that he is Sanjay, calling himself as Manohar. Kalpana eventually falls in love with him.
Once, while on a train to Mumbai, Kalpana saves a group of young girls from abuse by a group of goons led by Lakshman (Pradeep Rawat). After a few days, the same goons come to Kalpana’s house in order to avenge their embarrassment. Incidentally, Sanjay arrives at the scene and fights off the goons, but during the ensuing fight, Kalpana is murdered. The irony showcased is that Kalpana never finds out that he is Sanjay. Lakshman then strikes the downcast Sanjay on his head severely with a metal rod. Sanjay survives the blow, but acquires anterograde amnesia because of the trauma of his brain injury. At any given time, he does not remember anything that happened more than 15 minutes back, although he frequently has flashbacks of Kalpana’s murder. He determines to take revenge on those responsible for Kalpana’s death. The rest of the story is about how Sanjay, along with a medical college student Sunita (Jiah Khan), goes about finding Lakshman and the goons.
Promotion
· The film promos were launched on Diwali.[1]
· For inital promotion of the film the producers tied up with all the leading multiplex chain and has told their employees to go bald style like that of Aamir Khan.[2]
Music
Ghajini

Soundtrack by A. R. Rahman
Released
November 25, 2008 (India)
Recorded
Panchathan Record Inn, AM Studios
Genre
Feature film soundtrack
Label
T-Series
Producer
A. R. Rahman
A. R. Rahman chronology
Yuvvraaj(2008)
Ghajini(2008)
Slumdog Millionaire(2008)
The film has six songs composed by A. R. Rahman , with lyrics by Prasoon Joshi:
Song
Singer(s)
Duration
Guzarish
Javed Ali, Sonu Nigam

Aye Bachchoo
Suzanne D’Mello

Kaise Mujhe
Benny Dayal & Shreya Ghoshal

Behka
Karthik

Latoo
Shreya Ghoshal

Kaise Mujhe (Instrumental)
Instrumental

Distribution Rights
The domestic distribution rights of Ghajini were sold for 53 crores and home video rights, overseas rights and satellite rights for another Rs 40 crore. [3]

Saturday, November 29, 2008

Thursday, November 6, 2008

Best Consumer Protection Website

I found a best Website on Topic of Consumer Protection and Legal Help Consumer Courts Lawyers in India In Pre Civilization period there is no Consumer as we see in modern times. There is no manufacturing - No services and no purchase system. Civilization creates multi Requirements of men. One person himself is not capable to fulfill all of his requirements, he needs help of other. He is now under compulsion to purchase Goods/Services. He do not get honest dealings every time. Here now Law comes to help consumer it gives certain rights to consumer. In case of violation of such laws it provides provisions to enforce those rights.