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Unit Linked Insurance Plan is a great investment option. This is a kind of life insurance plan in which you will get an opportunity to build a hefty corpus with the convenience of a life insurance policy by investing in it. On investing in this scheme, the investor gets a rebate of 1.5 lakhs under section 80C of Income Tax. Along with this, you also get the facility of higher returns by investing in this scheme. If you are also planning to invest in this scheme, then first of all be aware of the advantages of doing so.
Subas Tiwari
Many investors often associate ULIPs (Unit Linked Insurance Plans) with mutual fund schemes. By investing in ULIPs, they feel that they are investing money in some mutual fund scheme. However, this is not true at all. These two are different types of products.
ULIP is an insurance product. It is a different matter that in the initial years of the privatization of the insurance sector, insurance companies and their agents continued to present ULIPs as an investment product. In the earlier ULIPs, the commission of agents was very hefty. About 60 per cent of the first installment of premium used to go into the pockets of insurance agents. This was the reason that they were being sold wrongly. At the end, the Insurance Regulatory and Development Authority of India (IRDAI) caught sight of this side. They cracked down on this entire game. After this, ULIPs with low commission and high insurance cover started coming. ULIPs have improved a lot since then. However, even today they are sold wrongly.
Many relationship managers of banks sell ULIPs as bonds. Some intermediaries sell these as mutual funds that give guaranteed returns after five years. Also insurance cover is available free.
The question is, what exactly is a Unit Linked Insurance Plan or ULIP? The simple answer is that a ULIP is an insurance product with an investment component. Or as some insurance agents claim, these are like mutual fund schemes which also include the feature of insurance.
When Life Insurance Corporation of India (LIC) was under the umbrella rule, the insurance cover always had the feature of saving. This is the reason why insurance was essentially used for savings and tax saving purposes. Before privatization, it was sold saying ‘you will invest x amount, you will get x plus bonus’. At that time, endowment plans and insurance products with savings were dominated. After privatization, insurance covers started coming with investment feature. Investment options range from conservative fixed income to high-risk equities. This is the history of ULIPs.
A Unit-Linked Insurance Plan is a combination of insurance and investment. A portion of the premium is paid by the policyholder and is utilized to provide insurance coverage to the policyholder and the remaining portion is invested in equity and debt instruments. The aggregate premiums collected by the insurance company providing such plans is pooled and invested in varying proportions of debt and equity securities. Each policyholder has the option to select a personalized investment plan based on his/her investment needs and risk appetite. Each policyholder’s Unit-Linked Insurance Plan holds a certain number of fund units, each of which has a net asset value (NAV) that is declared on a daily basis. The NAV is the value upon which net rates of return on ULIPs are determined. The NAV varies from one ULIP to another based on market conditions and fund performance.
A portion of premium goes towards mortality charges i.e. providing life cover. The remaining portion gets invested funds of policyholder’s choice. Invested funds continue to earn market linked returns.
ULIP policy holders can make use of features such as top-up facilities, switching between various funds during the tenure of the policy, reduce or increase the level of protection, options to surrender, additional riders to enhance coverage and returns as well as tax benefits.
Once you get enough life cover, you can start investing in mutual funds for your investment needs. There are advantages to this strategy. First, you get enough cover by paying a small premium. You then track the performance of your mutual fund schemes. You will not be able to do this work with an insurance plan like ULIP. If the investment portion of the ULIP plan is not doing well then you can just switch to another investment option. Selling it outright is not an option as then you lose the insurance cover. As you age, getting life insurance cover becomes costly and complicated.
Depending upon the death benefit, there are broadly two types of ULIPs. They are-
There are a variety of ULIP plans to choose from based on the investment objectives of the investor, their risk appetite as well as the investment horizon. Some ULIPs play it safe by allocating a larger portion of the invested capital in debt instruments while others purely invest in equity. Again, all this is totally based on the type of ULIP chosen for investment and the investor preference and risk appetite.
As per the IRDAI, with effect from 1st September, 2010, the following are the restrictions on ULIP policies.
The charge is imposed beforehand on the premium amount. These are initial expenses incurred by the company in issuing the policy. These are charged on yearly basis as a percentage on the premium depending upon the premium payment term.
This is an aggregated sum of fees incurred in units invested in equity and debt instruments. These charges vary according to the type of fund & plan and are borne by the insured. These charges are payable on a yearly basis as a percentage depending upon the premium payment term.
These are related to recovery of expenses borne by the insurers for maintaining the life insurance policy. These are however borne by the insured on a monthly basis as a fixed sum charged on the premium amount paid.
This is an expense charged by the insurer to provide life cover to insured which vary with the age & sum assured, risk, etc. of the insured. These charges are deducted on a monthly basis.
This charge refers to the deduction for full or partial encashment of premature units subject to the policy document. This charge is levied as a percentage of the fund value or a percentage of the premium amount.
This charge is levied while switching from one fund to another & beyond the free switches allowed in a year. The charge is applicable for each switch.
On premature discontinuation during the lock-in period, this charge is levied.
The performance of the various ULIP policies with reference to growth of units, depend on market forces & the efficient management of the investment by the appointed Fund Managers in various sectors of the economy. Due to the ups & downs of the market based on demand/supply & the state of the economy, the returns get averaged & coupled with life cover, the returns on the Units invested is modest.
1. ULIP plans have flexible investment options
A ULIP policy holder can choose to invest their premium in either equity options or debt or even a mixture of both, depending on their risk appetite. Someone who doesn’t mind high risk can choose ULIP investment options in equity funds while someone who is more cautious can invest in mutual funds.
2. ULIPs have a top-up option
In some cases, a policyholder can change the premium amount they’re putting into the ULIP plan and are not obligated to put a fixed amount each time. ULIP policies allow investors to “top up” or add extra funds to their existing investment amount.
3. Newer ULIP plans don’t have transaction charges
ULIP plans are a smart and secure first step into investing. However, older policies still come with a number of transaction charges related to premium allocation, mortality change, and fund management. Before investing, ensure that the policy is newer and eliminates these charges after a few years. For example, the Future Generali Easy Invest Online Plan starts with a 5% premium allocation charge that reduces to 2.5% after two to five years. After six years, the charge is fully eliminated.
4. ULIP plans are tax deductible under Section 80C
A ULIP policy is a tax deductible investment under Section 80C of the Income Tax Act 1961. This means that premiums of up to Rs 1 lakh are tax-free for the investor, making ULIP plans an attractive investor for first-timers. Even when the plan matures, the final amount is tax-deductible under Section 10 (10D) of the Income Tax Act 1961.
5. Lock-in period ensures discipline
A ULIP policy can come with lock-in periods of around five years, meaning that the investor must continue to add money into the policy for that time frame. The lock-in period encourages investors to save consistently and build their savings. After the lock-in period, investors can withdraw a part of their money if they want to or even discontinue the ULIP plan.
6. ULIP plans are strong long-term investments
Despite lock-in periods and transaction charges, ULIP policies are popular long-term investments. They require regular payments to remain active, teaching investors to be more disciplined while also increasing wealth. The lock-in period motivates investors to keep money in the market and ride out fluctuations with high returns, as well. A ULIP plan also allows investors to mix and match assets, making a diverse portfolio— Future Generali Future Opportunity Fund is one such plan.
7. Different premium payment options
ULIP policies are famous for their flexibility that also includes the payment structure. Investors have three different choices when it comes to paying premiums: single premium plan where the full investment is paid in a lump sum, regular premium plan where a fixed amount can be deposited for the duration of the ULIP policy, and limited premium plan where the amount is paid for a certain number of years.
8. A ULIP policy has the potential for high returns
One of the best parts of ULIP plans is that the return on investment can be potentially very high— even in double digits. When the premiums are invested smartly, in different types of assets and in tax-saving funds, the investor reaps huge benefits. A ULIP policy can be profitable, tax-savvy investment.
9. Maturity dates can be deferred
Some ULIP plans allow the investor to defer their maturity date, meaning that the date at which the policy matures and the money can be fully withdrawn is extended to the future. The main benefit of having a policy that allows the extension of the maturity date is that an investor can minimize risk in case the date falls in a market slump or decline. If the ULIP policy matures when the markets improve, the investor will see higher returns in the end.
10. ULIP policies help family planning
One of the most attractive aspects of a ULIP policy is that it offers insurance coverage and death benefits. So if the investor dies suddenly, their family can fall back on the ULIP and get financial security. ULIP plans are also good for family planning like retirement and children’s education, and any emergencies.
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Are you planning to buy a new geyser or replace the old one? You may very well end up being puzzled by the types of geysers, models and sizes available. This report is a result of our efforts to find out the best storage water heater/geyser as per individual requirements, taking into consideration factors such as water usage, electricity consumption, standing loss, energy efficiency and longevity. By best we mean the one that is not only efficient in terms of electricity consumption or heating capabilities, but also the safest. What you eventually choose will depend mainly on the purpose of the hot water, where you install the apparatus, bathroom spacing, your preference for instant geyser or storage geyser and your budget. Just know that just the brand name may not be sufficient to base a buying decision on. While traditional electric water heaters are huge in size and consume high energy, their modern counterparts are relatively energy-efficient and produce hot water as per need.
There are many different brands and types of geysers to choose from, so when thinking about purchasing a water heater, you may have questions like which brand is the best, what size or capacity should I buy, which type of geyser will meet my needs, whether a 3-star geyser will do the job, or should I purchase a 5-star geyser. You can benefit from this research, which will give you a realistic concept of geyser buying.
An electrically heated storage-tank system is usually relatively cheap to buy and install, but is usually the most expensive to run, especially if it’s on the continuous (full day) rate. Electric instantaneous water heaters are also available. An LPG water heater is a good option if you want an instant water heater. It’s cheaper than the electric type.
Then there is the solar water heater (SWH), which is the conversion of sunlight into heat for water heating using a solar thermal collector. A sun-facing collector heats water that passes into a storage system for later use. You need a large tank to allow for days with less sunlight. If your panels cannot be installed in an ideal location, they may be less efficient and you will then need a larger collection area.
The next decision is between a water heater with storage tank and one that heats water instantly.
Most electric, gas and solar water heaters have a tank. Stainless steel tanks are more expensive but generally last longer and do not require as much maintenance as mild-steel tanks. Water heaters with copper tank are best but costlier.
Instantaneous or continuous-flow water heaters give only as much water as you need, when you need it. They are not truly instantaneous, though – it can take a few seconds before hot water starts flowing from the tap, especially when there is a fair distance of the pipe between the water heater and the tap. Instantaneous water heaters are available in gas and electric models. There are no heat losses; they are often cheaper to run than storage systems.
INSTANT VS STORAGE WATER HEATER COMPARISON
| Instant | Storage | |
|---|---|---|
| Wall space | It occupies small wall-mounting space | It occupies large wall-mounting space |
| Delay | Hot water comes immediately | Need to wait up to 5 minutes |
| Convenience | Need to wait for more water during bathing | Get all the water before the bath |
| Geyser Price | Little higher | Little less |
| Water heating cost | Less | Little more |
| Best suitable for | Washing utensils, hand wash, bathing using bucket | Bathing using bucket and bathing using shower |
| Available size | 1, 3 | 10 – 35 liters |
What the right size of water heater is will depend on how much hot water you use. For a small household (about 2 persons), an instantaneous water heater (gas or electric) will do just fine. For a medium-size household (3 to 4 persons), gas systems (instantaneous water heaters or storage) may be preferred. For a large household (5 persons+), multiple instantaneous water heaters may be an option; gas storage units may be more economical but are equally risky due to release of carbon monoxide in the closed toilets.
Electric water heaters have energy-efficiency star rating labels; the more the stars, the more efficient is the water heater. The highest rating is five stars. The modern tank less water heaters are much more energy-efficient than the traditional ones. When the water in the tank cools off, the power kicks in and heats it up again. An energy-efficient water heater saves you money on your monthly electricity bill. Before buying a water heater, look for one with a higher star rating.
A conventional water heater is bulky in size and may take up a good amount of space in your house. On the other hand, a tank less water heater is compact in size and takes up significantly less space than a conventional tank.
A tank less water heater’s longevity is more than that of a hot-water tank heater because the latter is subject to decay. A tank less on-demand water heater’s lifespan is approximately 20 years, compared to 10 to 15 years for a tank-type water heater. Tank less water heaters also have easily replaceable parts that extend their life.
For our survey, we shortlisted regular-selling brands of electric storage-type water heaters (vertical) of 25 & 15 litres capacity. We conducted the survey during October 2022.
|
Sl No. |
Brand |
Model No. |
Rated Capacity (litres) |
Outer body material |
Inner tank Material |
Rated Power (watt) |
#Standing Loss (kWh) |
Star Rating |
Price (Rs) |
Warrantee (Comprehensive/ Tank) Years |
|
1 |
Venus |
025VL
|
25 |
Metal |
Porcelain enamel glass lined |
2000 |
0.511 |
5 |
7700 |
2+5 |
|
2 |
Crompton |
Arno Neo 3025 |
25 |
metal |
2000 |
0.511 |
5 |
6589 |
2+5 |
|
|
3 |
Morphy Richards |
SALVO |
25 |
ABS |
Glass Lined |
2,000 |
0.562 |
5 |
8195 |
2 |
|
4 |
AO Smith |
HSE-VAS-X-025 |
25 |
metal |
2000 |
0.511 |
5 |
7999 |
2+7 |
|
|
5 |
AO Smith |
SDS 025 |
25 |
ABS |
Diamond Glass Lined |
2000 |
0.550 |
5 |
10,399 |
2+7 |
|
6 |
AO Smith |
HSE-VAS-025 |
25 |
Diamond Glass Lined |
2,000 |
0.620 |
5 |
7999 |
2+7 |
|
|
7 |
Bajaj |
New Shakti |
25 |
CRCA+PP |
Mild |
2000 |
0.562 |
4 |
6599 |
2+5 |
|
8 |
Racold |
Buono Pro |
25 |
metal |
Titanium enamel coating |
2000 |
0.511 |
5 |
6999 |
2+3 |
|
9 |
Racold |
Eterno Pro |
25 |
metal |
Titanium steel |
2000 |
0.511 |
5 |
8699 |
2+7 |
|
10 |
V-Guard |
Krystal Plus 25 |
25 |
ABS |
Engineered Polymer Anti Corrosion |
2,000 |
0.562 |
5 |
9299 |
2+5 |
|
11 |
Remson |
Prime Aqua Prime CSS |
25 |
SS 304 |
2000 |
0.511 |
5 |
5999 |
2+5 |
|
|
12 |
V-Guard |
Calino |
25 |
ABS |
Mild Steel Tank |
2000 |
5 |
10422 |
2+7 |
|
|
13 |
Orient Electric |
Enamour Plus |
25 |
ABS |
Titanium Enamel Coated |
2000 |
0.511 |
5 |
7890 |
2+7 |
|
14 |
Panasonic |
Duro Digi |
25 |
ABS |
Glass lined coated |
2000 |
0.511 |
5 |
9949 |
3+10 |
|
15 |
Venus |
MegaPlus 25EV |
25 |
metal |
Porcelain enamel glass lined tank |
2000 |
ISI |
4 |
8399 |
2+5 |
|
16 |
Venus |
Splash 25GL |
25 |
abs |
Porcelain Enamel Glass lined Tank |
2000 |
ISI |
5 |
12500 |
2+7 |
|
17 |
Usha |
Aquerra |
25 |
abs |
2000 |
0.511 |
5 |
9398 |
2+8 |
|
|
18 |
Usha |
Aquagenie
|
25 |
Glass lined enamel coating on tank |
2000 |
0.511 |
5 |
10400 |
2+5 |
|
|
19 |
Bajaj |
New Shakti Neo Plus |
15 |
Metal |
Stainless Steel, Titanium |
2000 |
0.461 |
5599 |
2 |
|
|
20 |
AO Smith |
SDS Green Series 15 |
15 |
ABS |
Blue Diamond Glass-Lined |
2000 |
0.419 |
5 |
9599 |
2+7 |
|
21 |
AO Smith |
HSE-VAS-X-015 |
15 |
metal |
Blue Diamond Glass Lined |
2000 |
0.419 |
5 |
6899 |
2+7 |
|
22 |
Bajaj |
Calenta |
15 |
ABS + PP |
Mild steel with glass lined coating |
2000 |
0.419 |
5 |
8599 |
2 |
|
23 |
Havells |
Monza EC |
15 |
cold rolled steel |
Stainless steel |
2000 |
0.419 |
5 |
7799 |
2+5 |
|
24 |
Havells |
Puro Turbo |
15 |
Fero glass coated |
2000 |
0.419 |
5 |
10599 |
2+5 |
|
|
25 |
Usha |
Aqua Swirl |
15 |
abs |
Glass lined enamel coating on tank |
2000 |
0.419 |
5 |
8020 |
2 |
# Standing loss (kWh/24 hour/45°C)” means the energy consumption of a filled water heater as per IS 2082.
Note: Price may vary from retailer to retailer. Before buying, please check price on amazon.in or flipkart.com and compare the models.
|
Factors |
Electric Water Heater |
Gas Water Heater |
|
Ease of use |
Single touch and automatic operation |
The water level and heating rate should be manually regulated |
|
Time taken to heat water |
Takes relatively more time than gas models, but stored models can deliver instantly |
Heats water quickly |
|
Space occupied |
Requires less space due to the wall mounting build |
Occupies more space and also an additional space to place LPG cylinder with proper ventilation |
|
Environment impact/ Pollution |
No pollution as water is heated through electricity |
High pollution, due to the emission of gas. Carbon monoxide can also be released |
|
Safety |
The safest option and is mostly recommended for domestic purposes |
A bit risky and should never be used in houses |
|
Ease of Installation |
Easy to install |
Connection for LPG and arrangement of outlet for ventilation and fumes needs experience |
|
Price |
A bit expensive, comparatively. The price varies from instant geyser to storage geysers |
Cheaper than electric type |
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The festival season is here! And to get into the festive mood, you will be wanting to do a lot of things. It’s possible that you require rapid cash without any difficulties or nonsense. Or perhaps you wish to take your family on a vacation during a festival like Deepavali or Dussehra. Perhaps you’re getting married and need money to plan your honeymoon? Or perhaps there will be a wedding in your family, necessitating financial support for the same?
If you find yourself in any of these difficult predicaments and lack the necessary funds, getting a personal loan from a bank is your best option for covering these fixed expenses of a one-time nature.
Subas Tiwari
Personal loans are loans granted for a limited period with a fixed amount and charged interest which are both repayable in monthly instalments. They are called ‘clean’ or ‘unsecured’ loans, i.e., loans without obtaining any tangible security (property, deposits, bonds, etc.). Only the personal sureties are required to be furnished to confirm that you are a dependable person in the society & will not default repayment of the loan given. Personal loans are generally used to meet temporary cash requirements such as wedding, children’s education, home improvement/repairs, luxury holiday, buying a car or to buy an electronic appliance, etc.
There are several banks and financial institutions providing attractive deals on personal loan offers with lucrative interest rates. Each personal loan lending institution has different eligibility criteria, rate of interest, and repayment tenure, which should be reviewed and compared to make an informed and smart decision before applying.
For Salaried Class
They are those who do either business or freelance assignments and some work from home too. They may do part-time or full-time assignments & so may be having more than one employer.
The following additional conditions may apply when they seek a personal loan from a bank.
They are those who either have their own business/service like doctor, lawyer, etc. or those who are technically qualified but are working in an organization.
The following could be additional conditions to be fulfilled.
So, what are you waiting for? Just read this article carefully; fully understand the pros & cons of personal loan & head on to the nearest bank to apply for a Personal Loan!
| Banks | ROI (Yearly) |
| Axis Bank | 12% – 21% |
| Bank of Baroda | 10.50% – 12.50% |
| Bank of India | 10.35% – 12.35% |
| Central Bank of India | 9.85%-10.05% |
| Citibank | 9.99% – 16.49% |
| City Union Bank | 12.75% |
| Federal Bank | 10.49% – 17.99% |
| HDFC Bank | 10.5% – 21.00% |
| HSBC Bank | 9.50% – 15.25% |
| IDBI Bank | 8.9%-14% |
| IDFC First Bank | 10.49% onwards |
| Indian Bank | 9.4%-9.9% |
| Indian Overseas Bank | 9.30% – 10.80% |
| IndusInd Bank | 10.49% – 31.50% |
| J&K Bank | 10.80% |
| Karur Vysya Bank | 9.40% – 19.00% |
| Kotak Mahindra Bank | 10.25% and above |
| Punjab and Sind Bank | 10.4%-12.4% |
| Punjab National Bank | 7.90% onwards |
| RBL Bank | 14% – 23% |
| SBI | 9.8%-12.8% |
| South Indian Bank | 10.60% – 18.10% |
| Union Bank of India | 10.2%-11.45% |
| Yes Bank | 10.99% – 16.99% |
Reasons For Rejection of Your LoanThe following could be one of the reasons for the bank to reject your loan application without sanction. So, it is better to know the pitfalls & avoid them rather than feeling remorse & frustrated. Poor Credit ScoreIt is possible that this could be the reason for loan rejection. Nowadays Banks/FIs have voluntarily joined the Credit Information Agency called CREDIT INFORMATION BUREAU OF INDIA LIMITED (CIBIL) by sharing one’s credit details which includes all your present/previous loan transactions (even though they are closed & no longer is outstanding with that Bank) & credit card operations. Banks/FIs forward their own internal credit report on one’s credit performance and CIBIL awards marks based on that assessment (anything between 300 to 900 marks). CIBIL then uploads it in their website. The information is required to be updated (additions/deletions) at regular intervals by the Banks/FIs, who are admitted as Members of CIBIL. Banks invariably call for CIBIL report as soon as you apply for a loan. If your past transactions with a particular bank/FI either in loan repayment or credit card repayment were not up to the mark (termed poor CIBIL score-marks less than 700), then there is every chance of your present request for personal loan getting rejected by any other bank, where you intended to get the loan sanctioned. Hence it is advised for one to act prudently always to keep a clean repayment record for becoming eligible for any future credit requirements. Anyone can also seek their CIBIL score online by visiting CIBIL site (www.cibil.com), fill in the form, pay Rs.470/- online for one report & obtain your CIBIL score in your email. It is to the credit of this institution that 80% of approved loans (and sanctioned by banks) are of individuals with a CIBIL score of more than 750. Past DefaultBanks draw up a list of their own defaulters & upload in their computer systems for any branch to look into & verify the past record of any loan-seeker. This is in addition to CIBIL report which contains credit information of the loan-seeker with other banks. Let us say that there were delay(s) in repaying a fridge loan or a car loan (due to many genuine reasons). Or like, for example, you may have shifted to a new leased accommodation. That house address may be in banks’ defaulters’ list, as the previous occupants would have been bank defaulters! There are certain enterprises run by loan-seekers which do not guarantee any regular income and which could become a no-no for banks to lend. Loan GuarantorYou might have stood as a personal surety by guaranteeing the repayment to the bank in case of default by your friend, who was the borrower for a bank loan. You might have forgotten it but the CIBIL report will also show you as a defaulter for the loan, even though you were only a guarantor! You could be in for a shock, but that’s how the system works! The moral of the lesson is -think twice before offering to stand as personal surety to anyone. Many LoansWhile calculating your eligibility for a loan, banks will normally add up all the existing outstanding loans from banks, private borrowings, etc. before arriving at the eligible amount. The loan-to-income ratio is calculated (banks generally say that the total deductions –including the repayment of the present loan-should not exceed 50% to 70% of your take-home/gross salary) by the bank before extending a loan. So, too many loans/liabilities could throw off a bank from granting a loan because of this reason. Job Stability If you shift jobs very frequently or shift your location a number of times, it becomes public knowledge & could go against you, as the bank could be asking searching questions on this score. Good employment track record plays a favourable role in a bank’s decision to give you a loan. Since this loan is not secured by any collateral security & is given based on good track record of employment (loyalty factor) & credit profile (good or acceptable CIBIL score), stability in one’s life is of prime importance in the eyes of the Bank. Tax RecordBanks could make a thorough assessment of your tax profile by asking for the Income Tax Return (ITR) copies of previous assessment years or can ask details of tax deducted at source /professional tax paid against your salary in the past. Failure to give them or submit satisfactory answers could come in the way in your bank’s decision. So the advice is-obtain Income Certificate/TDS Certificate/Form 16-16 (A) from your employer & keep it on record (for the rainy day!). Produce the same when necessary. Past Loan RejectionsIf you have applied for a loan or credit card in the past & got rejected (for whatever reason), applying now could get you a rejection. The lesson to be learnt here is-go for a loan only if it is a must! Enjoying too many credit cards is also not a smart idea! RBI Defaulters’/Wilful Defaulters’ ListsIf your name is here, then worry! The Reserve Bank of India, who is the Regulator for Banks in India, also maintains the above lists, which is updated & uploaded in their website. These pertain to RBI Defaulters with Banks of more than Rs.10.00 lacs from the entire banking system. RBI Wilful Defaulters’ List is culled from the banks on the basis of wilful default (deliberate attempt to hoodwink the lenders in spite of adequate Net Worth). Take the recent case of United bank of India, which has treated Kingfisher Airlines as a ‘Wilful Defaulter’. |
It is a case where the car was painted to match the original colour before being handed to the complainant. It was not stated in the report that the car was old or involved in an accident prior to repainting. Instead, it is a case of typical scratches that were bound to appear during the vehicle’s trailer transportation from the factory to the agency, according to state commission Haryana Panchkula. SC affirms that there was no manufacturing flaw in this instance.
Dr Prem Lata Legal Head VOICE
Case: Mahaveer Stone Crushing Co vs Tata Motors Ltd (SC)
Issue: Repainted & Repaired vehicle sold-Whether it is manufacturing defect
The complainant purchased the new vehicle on 10.2.1999. After about five months there was an occasion that he took the vehicle to a workshop for service when it was observed that vehicle had an accident and was repainted. Complainant came before the consumer forum, filed complaint before District Forum Gurgaon under CP Act 1986 and claimed relief for re-placement of the vehicle. Dealer as well manufacturer were made parties. Expert made report on 27.1.2000 confirmed the fact. District forum ordered replacement with cost of litigation included.
Matter came before the State Commission in appeal and the State commission observed that there was no manufacturing defect in the vehicle neither it was involved in an accident. There were normal scratches while transporting from factory to agency but no manufacturing defect found which could entitle the complainant for replacement of vehicle. Hence sum of 50000/- was granted to complainant as compensation. This order was against Tata motors Ltd, the manufacturer.
National commission confirmed the order. SC ordered for Inspection which was done on 15.06.2003 through court.
The Supreme Court observed that a manufacturing problem actually affects a procedural or technical feature of the vehicle. Although no manufacturing flaw could be found, the new vehicle is physically damaged in this state. As a result, compensation in the amount of Rs. 1,600,000 was given rather than a replacement.
However, we have another case wherein it is apparent on the face of it that an old model car was sold as a new one, and the consumer now wanted a replacement.
Facts leading to dispute are that it is a case of one Rajiv Shukla who booked the Vehicle Tata Sumo Victa GX TC car by paying booking amount to M/s Gold Crush Sales and Services. A receipt was also issued for payment on the same day. Thereafter, he paid Rs 5, 30,000. However, the vehicle was delivered only a year after the booking. Rajiv Shukla found that he had been delivered an old model of 2005 which had already run 1000/- km prior to delivery of the vehicle to him. On investigation, it was revealed that the said car was used as Demo Test Drive Vehicle prior to delivery to Rajiv Shukla. Complainant lodged an FIR with police for fraud on the part of dealer but the matter could not be settled. The complainant filed a complaint before the District Forum with the prayers to replace aforesaid used car Tata Sumo Victa GX TC Model No 2005 with new car /vehicle to him.
The District Forum allowed the complaint and directed Gold Crush Sales & Services to take back the delivered vehicle and deliver a new one to the complainant against the previously deposited amount. The District Forum also awarded a sum of Rs.5, 000/ towards the mental agony besides a sum of Rs.2500/ towards litigation costs. The District Forum also found that the delivered car was a used car and was being used as a “Demo Test Drive Vehicle”.
The order passed by the District Forum was confirmed by the State Commission. The National Commission while exercising the revisional jurisdiction, has set aside the findings of facts recorded by the District Forum as well as the State Commission and directed to pay compensation in the sum of Rs.1 lakh to be paid to the complainant.
Supreme Court observed that the National Commission has materially erred in upsetting the findings of facts recorded by the District Forum and the State Commission, and held that the car delivered was a used car. It was further observed that the National Commission in exercise of the revisional jurisdiction under Section 21 of the Consumer Protection Act, 1986 could not have interfered with the evidence taken on record by lower commissions.
Once the complainant paid the full sale consideration for a new car, the duty was cast upon the dealer to supply the new car which was booked and if not done so, it would tantamount to dishonesty and unfair trade practice.
There is a difference between a defective and an old car. In the case of Mahaveer Stone Crushing Co. vs Tata Motors Ltd (SC), the court observed that cars bear defect due to scratches in the process of transportation whereas in the case cited above in Rajiv Shukla it is proved through cogent evidence that an old car used as Demo Test Drive Car was sold as a new one.