Nov.17: CERS MEDIATES

Etihad shells out Rs. 1 lakh for damaged baggage

14cm

Prakash Patel went on a trip to USA with family. On his return journey, he took a flight with Etihad Airlines and checked in 10 bags. When he reached Ahmedabad, he was distressed to find that his baggage was missing. On complaining, the airline assured him that the missing baggage would be delivered within three days. When this did not happen, the airline gave him provisional compensation of USD 400.

Prakash received his baggage after 10 days but in a damaged condition. One bag was still missing. He lodged a claim for damages and the missing items. Since he did not get a favourable response from Etihad, he registered a complaint with Consumer Education and Research Society (CERS), Ahmedabad. After continuous follow up, CERS was able to get a compensation of USD 1773 for Prakash, apart from the USD 400 given earlier.

Tip: Lodge a written claim with the airline which is liable to pay compensation in case of loss, damage or delayed baggage. According to the Directorate General of Civil Aviation (DGCA) website, you should contact the airline and collect the Property Irregularity Report (PIR) before leaving the airport.

 

Builder made to repay wrongly charged service tax

Sanket Shah booked a flat in Ratnaakar Atelier developed by Nishant Construction Pvt. Ltd. The flat was fully constructed and the builder had also obtained the completion certificate. Sanket was given a back-dated allotment letter. On asking the reason, he was told that it was an error and it would have no effect on the deal. He was then asked to pay service tax of Rs. 2,73,578. Sanket came to know that service tax and VAT are not applicable for completed projects and he demanded a refund. He quoted GIHED (Gujarat Institute of Housing and Estate Developers) regulations to support his claim.

Since the builder did not take action, he approached CERS. After studying the case papers, CERS agreed with Sanket and tried to persuade the builder to refund the wrongly charged service tax. A mediation meeting with the two parties resulted in the builder agreeing to give a refund. He also offered an additional Rs 90,000 towards settlement of the case.

 

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