The advocate was kind enough to answer all our questions we were bubbling to find answers for. She sited a beautiful example about what exactly has to be done if you are served with a dosa half baked in any restaurant. Firstly you need to preserve the dosa and take it with you when you are filing the case. Secondly, you should have enough evidences to prove that that particular dosa was served in that particular hotel. If you succeed in filing a case, it will again take at least 2 years for you to get the judgment. In the process you would have at least spent few 1000s in traveling to the court, and paying up the advocates. Do you really want to get into these things, asked the advocate logically? We stared at her, and she added, “you can if want to take that up as a profession, which I feel you are not.”
ICICI bank had made minimum withdrawal amount as Rs 500 and they had started this service as an experiment only in Chennai and Cochin. We were upset as usual, because we usually would withdraw 100s and 200s and we found this move of ICICI a bit arrogant – taking their customers for granted. We had this doubt whether ICICI be sued for this particular move, and the advocate said a clear ‘NO’. ATMs are an extended service of any bank, and they have all the rights to keep a minimum limit and a maximum limit. Of course you can file a case, if they disallow you to withdraw any amount from their branch office. “Well”, she said, “as far as ICICI bank is concerned there is a new case filed against them in the consumer court every 2 days.”
More than the congested traffic, it is the traffic police who are bigger nuisance in the city. It is month end and they are there on the road with a speed gun, a bullet, a sergeant, and few constables dancing on the roads to block vehicles. If it is a bike, they will immediately pull the keys out and side line you. Legally they aren’t supposed to do that. And spot fines are not applicable for all the places. Ideally they should be noting down the vehicle number and send a charge sheet to your residence. The advocate said, you can argue against them on the roads, but what if they slap you. You need to run to a hospital, take a finger print test, and have even evidence to prove that the constable slapped you! Or else it is better to pay them up and walk home happily.
I happened to meet Karthik Chidambaram, son of Finance Minister P Chidambaram, few years back through the last organization I was working for. He is a law graduate from Harvard University but he never practiced law. He in fact was running a discotheque in Chennai that time. He had some valid insights into these court systems, which made absolute sense. He said that the last thing you can do with your life is to file a case against someone. “As much as possible try to solve the problem outside court, and keep court as the LAST resort.” 90 per cent of the cases that comes to court are family related, and it takes at least 10 years to get the final verdict. It so happens that both the parties die a natural death and the case still remains alive in the court.
My dad once filed a case against one of the dealers (MGB) in Tiruppur for giving him a TV remote control which never worked. Of course my dad won the case, but then it took him 3 complete years, and he had to travel to Coimbatore every 3 months by bus. Good that he was a retired government servant and had enough time on hand. He was paid for the travel expenses too. But what about health issues, and emotional upheaval a person undergoes all through the process. I sometimes think that instead of filing the case he could have got into the shop, broke few TVs, bought a new remote control paying Rs 100, and made the dealer to file a case and face the music. (I am sure the dealer would have had a tough time collecting evidences against my dad).
I personally feel that Gandhism won’t work in India anymore if we really want to bring a massive change in our society. Also there is no point in waiting for 5 years for the Government to change - for the system remains the same even when 10 CMs or PMs change on the top. Problems cannot be solved in India until and unless people, without any party emblem, get on to the roads and start solving problems themselves. If the roads aren’t good, don’t blame the government, catch hold of the area MPs and MLAs, and give them a tough time. If you are cheated in restaurants, raise your voice and create a scene - no point preserving the half baked dosas.
India needs a major revolution, where people become more conscious and a bit violent in nature. Obedience won’t work any more. The choice is whether you want to be a Jesus, get crucified and remembered after your death, or you want to be the Krishna, fighting for dharma, and win the battle of Kurukshetra when you are alive.
The other choices are –
*You can get a passport, find a job outside India, and be all ga ga about the systems prevalent in the US and China
*Or be in India and keep singing the song, hum honge kamyaaab ek dinnnnnnnnn…man hai vishwas pura hai vishwas…..hum honge kamyab ekdinnnnnnn
*And third and most important thing….teach the same song to your children, grandchildren, and great grand children.