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CAVEAT EMPTOR
You can have the last laugh!
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Wrong bills, junk mail, convoluted procedures… should consumers have to put up with bad service?
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Caveat Emptor. Latin for “Let the buyer beware” - it means that a customer should be cautious and alert to the possibility of being cheated. Let’s face it. Many large corporations don’t really take a consumer seriously. They d
raft one-sided agreements and contracts (with more danger hidden in the fine print) and expect us to believe that merely because they have polite ‘customer care’ personnel, customers are actually cared for.
Take credit cards, for instance. Remember the number of times you have been annoyed by wrong bills, convoluted procedures and mountains of junk mail? Many of us swallow the bad service and one-sided approach by these corporations because we don’t know what to do or just don’t want to make the effort.
But consumers who have questioned or stood up against such corporations (often with the assistance of consumer organisations) have found the companies swing into action and try to resolve the issues. Some complaints get redressed at this stage; others don’t and find their way into the Consumer Fora. Even the most customer-unfriendly corporation that otherwise ignores or bullies consumers understands and respects the powers of a consumer forum and will fall in line.
Inspiring example
Let me share an inspiring example: Vinay Bala had left his bag containing his credit card and some other items in his car while he went into a client’s office. When he returned a few hours later, he found that the bag was missing. He immediately tried to get in touch with his bank to cancel the card. However, by the time he could call his home and get the emergency number, the friendly customer service personnel informed him that the card had been used and that he would be liable for all usage before his complaint. Vinay protested, but the friendly customer service personnel reminded him that this rule of the bank was clearly stated in the ‘terms and conditions of card usage’ document (printed in font size 4) that was given to him at the time he got the credit card.
This document, Vinay was advised, informs customers of the rights and remedies available to card holders. On Vinay’s request, the customer service personnel asked him to file an FIR and fax it across to the bank “immediately”. With some effort, Vinay was able to file the FIR and reach it to the bank. A credit card statement reached him a few days later asking for a payment of Rs.2 lakh. Apparently the thief had withdrawn cash at an ATM using the card for this amount. Despite attempts by Vinay to discuss the irrationality of this demand, no bank official was ever available for discussion. The numerous customer service personnel Vinay spoke to promised to have the ‘concerned officer’ call him, but no one did. And Vinay was getting infuriated with the “you should have been more careful Sir” advice that was being dished out regularly!
He eventually paid the Rs. 2 lakh along with interest (for the delay) and immediately filed a complaint in the Consumer Forum on the advice of a consumer organisation.
The bank’s argument
The bank argued that the responsibility for the safe custody of the credit card and its personal identity number (PIN) rested with the card holder and, therefore, the withdrawal of any amount using a lost card had to be borne by the card holder. They also drew the Forum’s attention to the ‘terms and conditions of card usage’. However, Vinay was to have the last laugh! He argued that the amount of money withdrawn (Rs. 2 lakh) far exceeded his credit limit (Rs.30,000) fixed by the bank and that the withdrawal of funds in excess of the credit limit could not have taken place without the negligence of the bank and its officials. The Consumer Forum accepted this argument and Vinay was reimbursed Rs.1,70,000 and awarded a further Rs.15,000 as compensation.
How many of us would have just given up on this and not initiated any action? Far too many, if you ask me. Credit cards may have ushered in a new era of convenience, but please remember that good quality service delivery is not a perk or add-on but an essential right that we must exercise. Obtaining rights is only half the job, asserting and using it, like Vinay did, is what we need more consumers to do.
(The writer works with CAG, which offers free advice on consumer complaints to its members. For details contact 24460387 / 24914358 or cag.helpdesk@gmail.com)
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