The Institute for Justice

25/08/2024

Must go through this
*Necessary steps to be taken when Online order Empty box received*

1. *National Consumer Helpline (NCH)*: Call 1915 or file a complaint online at consumerhelpline.gov.in. you will be able to track the same
2. *Consumer Grievance Redressal Forum (CGRF)*: File a complaint with the Pune CGRF. You can find the contact details on the Maharashtra State Consumer Disputes Redressal Commission website.
3. *District Consumer Disputes Redressal Forum (DCDRF)*: File a complaint with the Pune DCDRF.
4. *File a complaint on the Consumer Affairs Ministry's portal*: Register on the portal (consumeraffairs.nic.in) and file a complaint. Track the same
5. *TATA CliQ's Customer Service Escalation*: Reach out to TATA CliQ's customer service again, explaining the situation, and ask to escalate the issue to their customer service manager or Grievance Redressal Officer. Grievance will definitely help as kotak have done for me.

Before filing a complaint, gather:

- Order details (order number, date, etc.)
- Proof of delivery (delivery receipt, etc.)
- Proof of the empty box (photos, videos, etc.)
- Communication records (emails, chats, etc.) with TATA CliQ's customer service

Remember to stay calm and persistent. Good luck, hope for the satisfactory result

???

No issue frnd I will try to solve this by below guidance

1) it is the responsibility of the delivery personnel or the courier service to take a picture of the product at the time of delivery, especially for electronic items. This is known as "proof of delivery" or "POD."

The purpose of taking a picture is to:

1. Confirm delivery
2. Show the product's condition at the time of delivery
3. Prevent potential disputes or claims

Usually, the delivery personnel of Amazon, Flipkart & Cred

1. Take a photo of the product with the consignment number or tracking number visible
2. Take a photo of the product with the customer or recipient present (if possible)
3. Get a signature or confirmation from the recipient

*Now coming to laws and regulations governing online delivery and product mismatch in India*

1. _Consumer Protection Act, 2019_: This act protects consumers from unfair trade practices, including online transactions. It covers issues like product mismatch, defective products, and delivery-related.
2. _E-Commerce Rules, 2020_: These rules, under the Consumer Protection Act, specifically address e-commerce transactions. They mandate that e-commerce platforms:
- Display accurate product information
- Provide clear refund and return policies
- Ensure timely delivery
- Have a grievance redressal mechanism
3. _Indian Contract Act, 1872_: This act governs contracts, including online sales. It covers issues like product mismatch, breach of contract, and compensation.
4. _Information Technology Act, 2000_: This act regulates online transactions and provides legal recognition to electronic records and digital signatures.
5. _Legal Metrology Act, 2009_: This act ensures that products sold online comply with weight, measure, and number standards.

Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution, Government of India

17/07/2024

In respect to recovery legal May I know only SARFEASI is the part of our job until and unless the account is not closed or settled I think my job is not done.
After SARFEASI——> Exection——>Auction——> If loss on sale
Then we should proceed with summary suit order 37 of CPC or
sec 25 from various locations we’re we can get an amount and settled that account so that the account is closed.

It will be like cherry 🍒 on a cake.

16/07/2024

RBI FRAUD MONITORING GUIDELINES

16/07/2024

Key Points from RBI's Master Direction on Fraud Risk Management in NBFCs issued on 15.07.2024

1. **Governance and Policy**:
- Establish a Board-approved Fraud Risk Management Policy.
- Constitute a Special Committee of the Board for Monitoring and Follow-up of Fraud Cases (SCBMF).
- Ensure senior management is responsible for the implementation and periodic review of the policy.

2. **Early Warning Signals (EWS)**:
- Develop and integrate an EWS framework with core banking solutions.
- Regularly review and update early warning indicators for fraud detection.

3. **Monitoring Financial Transactions**:
- Vigilantly monitor credit facilities, loan accounts, and other financial transactions for any signs of fraudulent activity.
- Employ external or internal audits to investigate suspected fraud.

4. **Reporting Protocols**:
- Immediately report incidents of fraud to the appropriate Law Enforcement Agencies (LEAs).
- Appoint nodal officers for fraud reporting and coordination with LEAs.
- Submit Fraud Monitoring Returns (FMRs) to the RBI within 14 days of fraud classification.

5. **Staff Accountability and Penal Measures**:
- Conduct timely examinations of staff accountability in fraud cases.
- Implement penal measures to restrict future credit facilities for entities and individuals involved in fraud for a period of five years post-settlement.

6. **Legal Audits and Auditor Roles**:
- Conduct periodic legal audits of title documents for all credit facilities of ₹1 crore and above.
- Ensure auditors report potential fraudulent activities immediately and conduct thorough internal audits covering all aspects of fraud management.

7. **Closure of Fraud Cases**:
- Close fraud cases reported to RBI once the necessary actions and legal processes are completed.
- Maintain detailed records of all closed fraud cases for future audits.

8. **Additional Instructions**:
- Report instances of theft, burglary, dacoity, and robbery to RBI within seven days of occurrence.
- Submit quarterly returns on such incidents through the prescribed online portal.

These directives aim to strengthen the fraud risk management framework within NBFCs, HFCs, ensuring proactive detection, timely reporting, and stringent follow-up actions.

25/01/2019

14/01/2018

Basic concept of 'Replication' and 'rejoinder'
'Replication' and 'rejoinder' have well defined meanings.
(1) Replication is a pleading by plaintiff in answer to defendant's plea. 'Rejoinder' is a second pleading by defendant in answer to plaintiff's reply i.e. replication.
(2) To reach the avowed goal of expeditious disposal, all interlocutory applications are supposed to be disposed of soon on their filing. A delivery of copy or the I.A. to the counsel for opposite party is a notice of application. Reply, if any, may be filed in between, if the time gap was reasonable enough enabling reply being filed .
(3) I.As. which do not involve adjudication of substantive rights of parties and/or which do not require investigation or inquiry into facts are not supposed to be contested by filing written reply and certainly not by filing replication.
(4) A replication to written statement is not to be filed nor permitted to be filed ordinarily, much less in routine. A replication is permissible in three situations.
(i) when required by law;
(ii) when a counter claim is raised or set off is pleaded by defendant
(iii) when the court directs or permits a replication being filed.
(5) Court would direct or permit replication being filed when having scrutinised plaint and written statement the need of plaintiff joining specific pleading to a case specifically and newly raised in written statement is felt. Such a need arises for the plaintiff introducing a plea by way of 'confession and avoidance.' (6) A plaintiff seeking leave of the court has to present before it the proposed replication. On applying its mind the court may grant or refuse the leave.
7) A mere denial of defendant's case by plaintiff needs no replication. The plaintiff can rely on rule of implied or assumed traverse and joinder of issue.
(8) Subsequent pleadings are not substitute for amendment in original pleadings.
(9) A plea inconsistent with the pleas taken in original pleadings cannot be permitted to be taken in subsequent pleadings.
(10) A plea which is foundation of plaintiff's case or essentially a part of causes of action of plaintiff, in absence whereof the suit will be liable to be dismissed or the plaint liable to be rejected cannot be introduced for the first time by way of replication.

Delhi High Court

Anant Construction (P) Ltd. vs Ram Niwas on 3 October, 1994
Equivalent citations: 1994 IVAD Delhi 185, 1994 (31) DRJ 205, 1995 RLR 20 (1)