Kudos to MCC Revenue Officer

After many premature announcements, Mysore City Corporation has finally printed the requisite challans for payment of property tax at branches of State Bank of Mysore, Syndicate Bank and Vijaya Bank. These challans are available at the various zonal offices of MCC as well as the bank branches from 25-4-12.

These challans enable property owners in Mysore to pay the property tax at the above banks and avoid the heavy rush at the zonal offices. According to Sec. 109A of the Karnataka Municipal Corporations Act, 1976, the property tax for 2012-13 need not be calculated afresh. It is the same as the tax for 2011-12. So the property owners can fill in the challans in the same manner as last year and pay the amount at the above banks either by cash or by cheques drawn on the same branch.

The bank will keep two portions of the 4-part challan and will give the other two portions (one for you and one for MCC) to you. These challan portions and the property tax forms should be submitted to the MCC zonal offices for endorsement. You have one month to do so without being levied a fine (of Rs. 100). It can be done in May when there is little rush at the MCC offices.

MCC signed in 2008 itself the agreement to provide the facility of property tax payment at the above banks. But for the last four years, it had neglected to check if the facility was working. The present Revenue Officer of MCC is to be congratulated for having taken interest in the matter and making the system work finally.

Dr. T.N. Manjunath, Mysore Grahakara Parishat

Conditions not signed by the consumer are not binding

The first duty of a consumer is to get a receipt whenever he buys something, either goods or services. If there is a defect in the goods purchased or a deficiency in the service obtained, he can approach the consumer courts to get compensation, provided that he has the receipt. To be a consumer under the Consumer Protection Act, one has to have paid a consideration for the goods or services he has received and the receipt is the proof that he has paid.

But most receipts have conditions printed on them (often in small print). The receipt given by a courier service says that the liability of the company is limited to Rs. 100 if the mail is damaged or lost. Similarly airline tickets limit the liability of the airline company in case of a mishap.The receipt given bu the dry cleaning shop says that the shop's liability is Rs. 100 or Rs. 200 per piece of clothing if it is damaged. The receipts given by many shops still carry the warning "Goods once sold will not be taken back".

Are these conditions on the receipts which limit the liability of the vendor binding? If a silk saree which you have given for dry cleaning gets damaged, do you have to be satisfied with the Rs. 100 or 200 specified on the receipt as the liability of the dry cleaner. If you send an important document by courier and they lose it, is Rs. 100 all you are going to get? MGP has been getting a lot of queries on this issue.

In a judgment favourable to the consumers, the National Commission has held (III (1999) CPJ 23 (NC)) that conditions mentioned in the receipt but not signed by the consumer are not binding on the consumer. But in a partial reversal of this order, the National Commission held three years later (II (2002) CPJ 24 (NC)) that conditions which have not been signed by the consumer, but which have been brought to his notice are binding. Luckily for the consumer, three years still later, the National Commission has gone back to its original position and ruled (IV (2005) CPJ 207 (NC)) that terms and conditions on the receipt are binding only if they are signed by the customer.

The National Commission has also held that contractual terms which have not been individually negotiated shall be regarded as unfair (and hence null and void) if, contrary to the requirements of good faith, they cause a significant imbalance in the rights and obligations arising under the contract. So blanket conditions such as "The carrier is not liable for damaged goods" found on the receipts of many lorry services, "We are not responsible if clothes are damaged" found on receipts of several dry cleaners, "Goods once sold will not be taken back" found on the receipts of many shops which seek to nullify the liability of the vendor of goods or services are not acceptable in the eyes of the law if they have not been individually negotiated (even if they have been signed by the consumer) since the conditions are far too one-sided.

In fact, the Department of Consumer Affairs in Delhi has issued a D.O. (D.O. No. 11(11)99- CPU/1647 dated 22-12-99) prohibiting the printing of the condition "Goods once sold will not be taken back" on receipts. Unfortunately, a large number of businesses are still flouting the D.O. and many consumers who are not aware of the law are being cheated. If you are dissatisfied with any merchandise you have purchased, you can return it and get a refund of your money even though the receipt says that goods once sold will not be taken back. If the shop refuses to take it back, file a complaint before the consumer forum and you will get your money back.

P.M. Bhat, Mysore Grahakara Parishat

Wrong interpretation of the law by Consumer Forum

The Mysore District Consumer Forum recently dismissed (13-7-11 in Case No. 1070/2010) a complaint filed by a consumer. It appears to be based on a wrong interpretation of the Consumer Protection Act.

The consumer had complained that her late husband had paid a deposit on an Ashraya house, but the house was not handed over. This constituted deficiency in service, she contended. But Mysore City Corporation, the opposite party, argued that the complainant was not a consumer since the Ashraya house was given at a concessional price. The District Forum agreed with this argument, concluded that the complainant was not a consumer and dismissed the case.

But this conclusion is a direct violation of the Consumer Protection Act. According to the Act, a complainant is not a consumer only if the goods or services are COMPLETELY FREE. Just because the goods or services are given at a concessional price, it does not make the buyer a non-consumer in the eye of the law. Otherwise, every seller of goods and services will sell at a nominal discount and escape the provisions of the Consumer Protection Act. Then the Consumer Protection Act will become totally useless and the exploitation of the consumers will increase without let or hindrance.

A similar decision was given by the Mysore DCF some time ago in a case filed by MGP against the Postal department. MGP was mailing its newsletter under the special rates allowed for newspapers. The Postal department misapplied a provision applicable to book packets containing periodicals to the newsletter and cancelled the concessional postage. MGP complained to the Mysore District Consumer Forum claiming deficiency in service. But the Forum did not even admit the case saying that postal concession is a privilege extended by the postal department to the complainant and so one can not file a case of deficiency in service. This is again not tenable because the Consumer Protection Act does not exempt services given at a concessional rate (even if they are a "privilege") from its purview.

In the first half of the last decade, The Supreme Court gave several landmark decisions with reference to the Consumer Protection Act. These decisions took the view "The provisions of the Act have to be construed in favour of the consumer to achieve the purpose of the enactment as it is a social benefit oriented legislation" (III (1993) CPJ 7 (SC)). But over the last few years, the Supreme Court as well as the consumer courts seem to be going the opposite way, limiting the applicability of the Act more and more. Many of these decisions are contrary to the spirit of the law, but some, as the cases referred above, are contrary to the letter of the law itself. This development does not bode well for the consumers.

B.V. Shenoy, Mysore Grahakara Parishat

MCC's Misleading Announcement - Part 2

Mysore City Corporation issued a press statement two weeks ago stating that property tax can be paid at ING Vysya Bank, State Bank of Mysore, Vijaya Bank and Syndicate Bank. It gave the account numbers of MCC at these banks into which the property tax payment could be credited.

MGP checked with these banks and found that none of them accepts property tax payments. State Bank of Mysore, Vijaya Bank and Syndicate Bank did not have the required challans and even though ING Vysya bank had the property tax challans, it did not accept payments at its branches. So one could pay property tax only to ING Vysya representatives at the nine zonal offices of MCC.

MGP wrote to the press that MCC's announcement was misleading. In response, MCC has again issued a press statement on 17-4-12 signed by the Revenue Officer saying that challans have been provided and that property tax can be paid at ING Vysya Bank, State Bank of India, Vijaya Bank and Syndicate Bank (Mysooru Mithra 19-4-12). This statement is again wrong.

In its first press release, MCC referred to ING Vysya Bank, SBM, Vijaya and Syndicate Banks. In the second release, it refers to ING Vysya Bank, SBI, Vijaya and Syndicate Banks. SBM has been replaced by SBI. Is this just a typographical error or has MCC really changed banks?

MGP checked with Zone 4 MCC Office on 19-4-12 and the only challans available are those of ING Vysya Bank. These challans are not accepted at any of the banks and they are only accepted by ING Vysya representatives athe various zonal office.

It is surprising that MCC has again issued a press release without checking the ground reality.

It is also surprising that MCC has printed the name of ING Vysya Bank on its property tax challans. It could have left a blank and the tax payer could have filled in the blank at whichever bank he chose to remit the property tax.

Dr. T.N. Manjunath, Mysore Grahakara Parishat

Site Cleaning Tax

MUDA issued a press release recently, warning owners of MUDA-allotted sites to keep the sites clean. We understand MUDA's concern for layouts still under its control, but its warning seems to cover even layouts handed over to Mysore City Corporation. When MCC is charging site cleaning charges for all the vacant sites under its control, MUDA need not have worried about their cleanliness.

The site cleaning tax of MCC (which, by the way, is not sanctioned by the Karnataka Municipal Corporations Act and hence is illegal) seems an easy way for the Corporation to make money. They are merely collecting the tax and are not cleaning the sites. We received a complaint recently from a vacant site owner who asked MCC why they are not cleaning his site even after collecting a site cleaning tax only to be told that he has to give an application in writing for it to be cleaned!

A.M. Subba Rao, Mysore Grahakara Parishat

Will the MCC clarify?

The Commissioner of Mysore City Corporation has issued large advertisements in today's local newspapers exhorting the citizens of Mysore to pay their property tax before 30-4-12 and avail of a 5% rebate.

But the text of the advertisement says "ಮೈಸೂರು ಮಹಾನಗರಪಾಲಿಕೆಯ ವಲಯ ಕಛೇರಿ -೦೬ ವ್ಯಾಪ್ತಿಯಲ್ಲಿ ಬರುವ ಆಸ್ತಿ ಮಾಲೀಕರುಗಳಿಗೆ ೨೦೧೨-೧೩ ನೇ ಪ್ರಸಕ್ತ ಸಾಲಿನ ಆಸ್ತಿ ತೆರಿಗೆಯನ್ನು ದಿನಾಂಕ ೩೦-೦೪-೨೦೧೨ರೊಳಗೆ ಪಾವತಿಸಿ ಶೇಕಡ ೫ ರಷ್ಟು ರಿಯಾಯಿತಿ ಸೌಲಭ್ಯವನ್ನು ಪಡೆಯುವ ಅವಕಾಶವನ್ನು ಕಲ್ಪಿಸಲಾಗಿರುತ್ತದೆ '', i.e., the 5% rebate is available to residents of ward No. 6 who pay their taxes in April. Does it not mean that only residents of ward 6 will get this rebate and that residents of other wards are not eligible for the 5% rebate?! How can MCC issue such a misleading advertisement at enormous cost (which will be borne by us, the taxpayers)? Will it clarify this point?

G.L.Nagaraja Urs, Mysore Grahakara Parishat 

Need to make road-side food safer

Every summer, we have major or minor outbreaks of jaundice and cholera in Mysore. Eating out and that too at road-side food vendors is a major contributor to this public health problem. 

Mysore City Corporation seems to believe that it has done its duty by issuing annual commands that road-side vendors can not sell cut fruits, but this is only a very small part of the problem. A comprehensive road-side vendor policy by MCC is required. This policy should be based on the following hygiene issues pointed out by public health experts:

1. Location of the vending units (near garbage heaps, open sewers, etc.) as a potential source of contamination,

2. Cleanliness of the surface of vending carts,

3. Protection of food from sun, wind, dust and rain,

4. Disposal of the waste generated,

5. Water used for cleaning,

6. Cooking, storage and serving material,

7. Use of gloves and aprons while cooking and serving,

8. Health status of food handlers,

9. General cleanliness of food handlers,

10. Keeping food (both raw and cooked) covered,

11. Extra care needed in preparation of uncooked foods (chutneys, curds, ice creams, etc.) to prevent germ contamination, and

12. Eating or smoking at the place where the food is prepared.

N.Dwarkanath, Mysore Grahakara Parishat 

Photos from the April 2012 issue of Grahaka Patrike

(B.V. Shenoy)

MGP celebrated World Consumer Day on 15-3-12 by holding a public demonstration-exhibition on food adulteration, water contamination and other consumer-related issues.

(B.V.Shenoy)

MGP's World Consumer Day programme held near RMC Circle attracted nearly 800 viewers.

(Dwarkanath Narayan)

MGP's Dr. T.N. Manjunath (Extreme right) and Sreemathi Hariprasad (2nd from right) spoke at a workshop on Karnataka Guarantee Of Services To Citizens Act, 2011

(Dwarkanath Narayan) 

The Workshop was organized by the Indian Institute of Public Administration, JSS Law College and Mysore Grahakara Parishat.