How to sue the seller for bad product/ services in India DIY

RMCWS

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It is very sad to see so many people wasting their hard earned money on bad products and/ services in India. Tech savvy consumers prefer to go to various online forums in order to vent their anger. Sometimes this works and after seeing the online repercussion, few companies change/ repair the product and/ or make refund. But hardly you will find a company in India compensating you for the negligence on their part unless and until there is intervention of courts. WE THE CONSUMERS ARE MOSTLY TAKEN FOR GRANTED IN INDIA.

This post is written by me so that you can have some technical knowledge of suing the sellers in case there is some deficiency in products or services.

Step I

In case you have received any product and/ or services with which you are not comfortable/ happy/ dissatisfied or just say the product is bad or defective, directly communicate [either customer care via phone but preferably by email] and try to settle the issue. Ask for refund or a fresh product within a specific deadline, say 3-7 days, and if the seller obliges, move on. No need of further investment of time with the issue. But remember, it is your hard earned money which you have paid, and it was instantly transferred to the sellers account, so getting a refund should be as quick as you have made the payment. But unfortunately, while receiving the amount the companies do it in a second, but 99% of these companies have a very slow and stupid refund policy. Again here, you are taken for granted. During the course, you can also write reviews/ feedbacks etc. on various online sites but getting a positive response from the company is very rare. At the most they will replace the product and/ or refund the price. But will they pay you any compensation/ damages for the sufferings of yours? Will they pay the interest on the money paid to them? Answer is NO. But mostly, we are happy to get a proper product or full refund. We are also least bothered about any damages/ compensation. In this premises, if your issue is solved within a week or so, move on. If not, read the next step i.e. Step II.

[As far as I remember, some FM down south was having issues with Sonodyne speakers, the MD called, talked, assured, speaker was tested, sent to lab and blah blah and finally the FM got a proper set after a long (guess after 2-3 months) time. What was the buyer paid for 2-3 months harassment? Did the company offered him a complementary bs or fs or a 62% discount throughout the year?]

[Few days back someone was having issues with Sony TV, you pay nearly a lakh and then you get damaged tv/ or even a demo/ used tv. And when you catch them, they say SORRY.]

[And now the latest issue with speaker damage in courier, surely they were playing football with your parcel in the rain]


Step II

You have come to Step II since your problem was not solved in the first step. You have waited too long, very dissatisfied and feel like killing the seller.

Dont kill.

Write a formal complaint to the company and send it to their customer care email and other important email ids that you have. (make sure its their official id) and if possible also send a hard copy of the said letter to the company via registered with a/d or speed post with pod. And always keep a copy of the said letter and postal receipt and the acknowledgment card, which returned with you for future reference.

How to write an effective complaint letter

Write your name, address etc.
Write what you have purchased including the model no./ make/ serial, for what price and mode of payment and other relevant details of the product, if any.
Please mention the name, address and other details of the seller from whom you have purchased.
State the kind of fault that you noticed (explain as elaborately as possible) and on which date.
Suppose, after receiving the product you have noticed a defect and you immediately informed the Customer care but in spite of their promises and several phone calls they are unnecessarily dragging the matter. In this scenario, please mention that you have contacted the customer case over phone several times [mention the date and time of all calls] but your problem has not been solved.
Give the seller a chance, not all seller are cruel. Ask him to change/ replace the product within a deadline (you should mention the date) and if the seller is unable to change/ replace the product and on expiration of such deadline, ask for full refund (again give a deadline for refund too)
And finally say that in case the seller is not willing to change/ replace the product and/ or refund, you will deal this matter in accordance with law.

Please note that the nature of incidents should be stated datewise and as much as details should be given. And send this letter via email to the customer care as well as all other official ids of the company as CC so that each of the recipient get to know that you have sent the same email to everyone from the security guard of the company to the MD. LOL.

In case, the Step II does not work with you, you have to move before the Consumer Forum. And frankly speaking it is not a rocket science. However, I will discuss about the next procedure i.e. Step III on how to file a complaint before the Consumer forum on my next post.

I have learnt a lot (related to AV) from the forum members here and thanks to their helpful nature and free advices. I will never meet many of you in life, but it is my humble way of helping you guys in my own way.
 
Thank you for you very apt comments and helpful how-to.

please mention that you have contacted the customer case over phone several times [mention the date and time of all calls]

Both in business and in personal life I have so many times kicked myself for not keeping careful records. One problem is that, when all promises are being made, we feel optimistic and don't feel that it is necessary. So, because I have so many times failed to do so, I'd enlarge on this this advice:

  • Ideally, keep a note of all calls to suppliers, manufacturers, etc.
  • Record the date and time of every phone call. Ask the name of the person you are speaking to, and record that --- even if it is the call centre of a big mnc. If you can, make a note of exact words.*
  • Don't shout at junior employers, it's not their fault. They probably don't like their employer either. Do, however, be absolutely firm in insisting to speak to someone senior, and don't have mercy on them. Promises to call back are often empty: insist on waiting online for as long as your patience lasts.

*I don't know: is it legal to record phone calls in India? I accidentally discovered that it is simple to do on my Android phone.


RMCWS, when your series of posts is complete, I'll not only bookmark it, I'll print it out for reference!
 
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*I don't know: is it legal to record phone calls in India? I accidentally discovered that it is simple to do on my Android phone.

Phone tapping in India is illegal unless permission to do so is obtained from the appropriate authority.
Read more:
http://en.wikipedia.org/wiki/Telephone_recording_laws#India
Phone Tapping Laws in India : An Overview
Manupatra Articles

Your case is here not tapping but merely recording the conversation of the other guy without his consent. The act cannot be clearly termed as illegal as many factors like the content of the conversation as well as the purpose of such recording needs to be considered before coming into a conclusion. Even someone abuses you over phone, you can surely record it and use it against him, just like you save your sms/ emails or letters.

Here is an interesting piece of info too:

The Recording of Telephonic Conversations

As mentioned earlier, statutory law does not clearly state in what circumstances telephonic conversations may be recorded. Focussing on the recording of telephonic conversations (to the exclusion of the legality of using hidden cameras): the subject may be considered under three broad heads:

Where all the parties to a telephonic conversation consent to its being recorded;
Where one of the parties consents to its being recorded; and
Where none of the parties consents to its being recorded.

In the first case, if all the parties to a telephonic conversation consent to its being recorded, there are, obviously no real issues as far as the violation of the privacy of the participants was concerned. Consent would be an extremely strong (though not an unassailable) defence should any of the parties later claim that their right to privacy was violated.

In the second case, if a telephonic conversation was unilaterally recorded by one of its participant (or, possibly, with their consent) without obtaining the consent of the other(s), it is possible that the non-consenting party/parties could claim that their right to privacy was violated. It is doubtful that such a claim would be successful if the recording were executed by one of the parties to the conversation as there appears to be no legal bar on recording ones own conversations. If, however, the recording was executed through a third party, it is possible that the party/parties who did not consent to the recording of the conversation would have a stronger claim that their privacy had been violated, as the mere act of recording would presumably amount to the disclosure of the content of the conversation to a person who was not a party to it. The law is, however, does not provide a clear answer. Hope this is what you are looking for.

Finally, in the third case, if none of the parties to a telephonic conversation consented to its being recorded, in all probability, unless the recording was by way of a legal telephone tap, all the parties to the conversation could claim that their privacy had been violated. Pertinently, the ruling of the Andhra Pradesh High Court in the case of Rayala M. Bhuvaneswari vs Nagaphanender Rayala on 20 December, 2007, AIR 2008 AP 98, appears to indicate that recording telephonic conversations one is not a party to is illegal. (Pertinently, in this case, the court referred to American law where, in many states, unilateral consent makes the recording of a telephonic conversation legal.)

Nonetheless, even if consent is not obtained from any party, assuming that the recording is not by way of an illegal telephone tap, it may be possible to defend the invasion of privacy on grounds of public interest, in some circumstances, using arguments which demonstrate the public interest supercedes the right to privacy.

Links:
Indian Copyright: The Legality of Recording Telephonic Conversations
 
Thanks. Might be safer to stick to pen and paper then.

But we should have notes of conversations in case we need to use them later.
 
Thanks. Might be safer to stick to pen and paper then.

But we should have notes of conversations in case we need to use them later.

In the case of lodging a consumer complaint, it is not at all required to record any conversation with the company guys. Although it is advisable to keep track of all conversation i.e. date, time, duration of all calls you have made and the names of person whom you spoke to, which the company can later deny or admit. But to be on the safe side, from a consumer point of view, no matter how gentle and assuring they are over phone, always communicate with emails/ letters etc. as the content of those can be established easily.
 
Hope you guys have read the first post hereinabove. I explained first two steps earlier i.e. Step I basically to negotiate with the seller and come to a settlement if one wants to avoid time consuming procedures (unfortunately legal procedure is time consuming in India) and Step II the procedure of writing a formal complaint to the seller for negligence or deficiency in service.

If you are lucky enough, your problem can be solved in Step I and II but remember in most (99%) of the cases, the seller will never give you any compensation and/ or damages for the loss you have suffered or time you have wasted (and all those non-stop harassment).

Now if the issue is not settled within in Step I and II, you have to move to the next level i.e. filing a case before the consumer forum.

Basic things you must know before filing a case in the consumer forum (I am explaining this in a very laymans term. Please refer to legal assistance for more details)

Who can file a case? Any consumer (a person who pays/ buys the service or product)

Against whom can a case be filed? The seller who has sold any product/ services for consideration.

Note: Only commercial activities will come within the jurisdiction of the consumer forum i.e. if you are selling your own car to any one, it does not make you a seller under the Consumer Protection Act, but if you are selling pre used cars to earn your livelihood, then you become a seller under the said Act.

Where a case can be filed? An aggrieved buyer after giving notice to the seller can file a case either where he resides or where the seller operates or anywhere the transaction took place.

What the court can award? The court can direct the seller to refund the money/ replace the defective goods/ pay compensation to the buyer/ pay compensation to govt/ interest to the buyer/ cost of litigation etc. or sometimes all. :yahoo:

Types of consumer courts and its jurisdiction The courts are basically divided into three level

Level 1 district forum (like a district court) are located in most of the districts of state with a financial jurisdiction up to Rs.20 lacs (i.e. if your claim is below Rs.20 lacs, you can file the case here claim includes the refund/ damages and all monetary benefit you are claiming against the seller)

Level 2 state forum (like High Court) are located in state capital with a financial jurisdiction of Rs.20 lacs to 1 crore.

Level 3 National Commission (like Supreme Court) located at New Delhi with jurisdiction over 1 Crore.

Can a case be filed directly to State Forum or National Commission? Yes, cases can be directly filed provided that the claim is more than 20 lacs and 1 crore for State Forum and more than a crore for National Commission.

How do I know whether I can really sue the seller for his fault? If you have paid money to the seller for any particular goods/ services and he has accepted the same, then you definitely sue him in case there is any deficiency/ negligence.

However, the term negligence or deficiency can be used in many ways and a legal opinion is required to decide the gravity on the basis of individual details. Quoting some relevant portion from the Consumer Protection Act for your understanding regarding service deficiency etc.
(o) "service" means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;

(oo) spurious goods and services mean such goods and services which are claimed to be genuine but they are actually not so;

(p) "State Commission" means a Consumer Disputes Redressal Commission established in a State under clause (b) of section 9;

(q) "trader" in relation to any goods means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof;

(r) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely;

(1) the practice of making any statement, whether orally or in writing or by visible representation which,

(i) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;

(ii) falsely represents that the services are of a particular standard, quality or grade;

(iii) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods;

(iv) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;

(v) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;

(vi) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;

(vii) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof;

Provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence;

(viii)makes to the public a representation in a form that purports to be

(i) a warranty or guarantee of a product or of any goods or services; or

(ii) a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out;

(ix) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are, ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made;

(x) gives false or misleading facts disparaging the goods, services or trade of another person.

Explanation. - For the purposes of clause (1), a statement that is
(a) expressed on an article offered or displayed for sale, or on its wrapper or container; or

(b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or

(c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public,

shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained;

What are the expenses of filing the case? - In order to file the case, you have to deposit certain amount with the forum basing on the amount of your claim (It is around Rs.200 for claim of Rs.2 lacs, sorry dont have the exact amount with me now) But this does not include any fees of lawyers, if engaged.

How long a case can run? On an average, it takes around a year to get a judgment. But the defeated party can always appeal to the higher forum. So time can be an issue.

Please note that this law is applicable within the jurisdiction of India. So buyer/ seller and the transaction should take place within India. An Indian buying something from outside India will not come within the purview of this Act.

Everything here is covered under the Consumer Protection Act, 1986.
In case you need more info, have a look here - Consumer Protection Act-1986

Hope this post helps you guys.

In my next post I will give details on How to file the complaint before the consumer forum.


Thanks.
 
Thank you RMCWS..
very informative..
i have given notice to airtel after seeing this post..
planning to file a complaint regarding a lot of issues i have faced using a *service* which never *served*

thank you
 
Thank you RMCWS..
very informative..
i have given notice to airtel after seeing this post..
planning to file a complaint regarding a lot of issues i have faced using a *service* which never *served*

thank you

EXCELLENT USEFULL post. Thanks,

Thanks guys. If you have any specific question, you can ask me here [or even PM me] I will be more than happy to help you.


Thanks.
 
After post #1 and post #8, here we are discussing about HOW TO FILE THE COMPLAINT BEFORE CONSUMER FORUM.

Once the notice is served upon the company and sufficient time is given and on the non-action on the part of the company, a dissatisfied consumer can lodge a complaint before the appropriate consumer forum.

Few things you need to remember before filing a complaint before the consumer forum:

First find out the appropriate jurisdiction (both territorial as well as pecuniary) under which you are entitled to file the complaint/ suit. The pecuniary jurisdiction has already been explained in the last post. And regarding the territorial jurisdiction, an aggrieved buyer can always file a complaint before the Consumer forum in the jurisdiction of a) where the buyer resides or b) where the seller operates from or c) where the transaction took place. Once you have found out under which jurisdiction you have to file the case, first go to that Consumer forum and reconfirm with the list of jurisdiction (in terms of police station) with them.

The most important part is drafting the complaint/ written statement of the complainant. Importance should be given while drafting, and if required, legal assistance should be asked for. Each and every details along with documentary evidence should be attached to the complaint copy. The consumer forum are 3 judges bench (1 judge and 2 members) and you are required to give 3 copies of the complaint (1 original + 2 photocopies) to the bench and make additional copies for the opposite party/ seller. The main complaint copy should be verified in nature along with all documents and photocopies should be made from the main complaint copy. However, I will discuss about how to draft a complaint in a post separately.

The main complaint along with copies should be submitted before the consumer forum and upon receiving the copy the consumer forum will give you a particular date on which you have to appear before the consumer forum for admission of the case.

On the date of admission, you have to place the case before the judge. The judge will decide whether you have a case or not. Once he is satisfied that there is sufficient ground for you to lodge a complaint, he will register the complaint by way of giving you a case number and will issue notice to the company/ seller asking them to appear before the judge on the next date and to file their written statement/ written version. It is very important to place you case efficiently on the date of admission. In order to admit your case, you have to prove certain aspect:

o There was a buyer and seller relationship between the parties.
o You are aggrieved and have given notice to the company.
o You have attached all the documentary evidences with the complaint
o You have approached the correct consumer forum considering the jurisdictional aspect.

Once you are able to satisfy the judge with these above mentioned points, you case is admitted and half of your work is done.

I, herein above, have explained HOW TO FILE THE COMPLAINT BEFORE CONSUMER FORUM.

In the next post, I will explain how to draft a complaint petition.
 
After post #1 and post #8, here we are discussing about HOW TO FILE THE COMPLAINT BEFORE CONSUMER FORUM.

Once the notice is served upon the company and sufficient time is given and on the non-action on the part of the company, a dissatisfied consumer can lodge a complaint before the appropriate consumer forum.

Few things you need to remember before filing a complaint before the consumer forum:

First find out the appropriate jurisdiction (both territorial as well as pecuniary) under which you are entitled to file the complaint/ suit. The pecuniary jurisdiction has already been explained in the last post. And regarding the territorial jurisdiction, an aggrieved buyer can always file a complaint before the Consumer forum in the jurisdiction of a) where the buyer resides or b) where the seller operates from or c) where the transaction took place. Once you have found out under which jurisdiction you have to file the case, first go to that Consumer forum and reconfirm with the list of jurisdiction (in terms of police station) with them.

The most important part is drafting the complaint/ written statement of the complainant. Importance should be given while drafting, and if required, legal assistance should be asked for. Each and every details along with documentary evidence should be attached to the complaint copy. The consumer forum are 3 judges bench (1 judge and 2 members) and you are required to give 3 copies of the complaint (1 original + 2 photocopies) to the bench and make additional copies for the opposite party/ seller. The main complaint copy should be verified in nature along with all documents and photocopies should be made from the main complaint copy. However, I will discuss about how to draft a complaint in a post separately.

The main complaint along with copies should be submitted before the consumer forum and upon receiving the copy the consumer forum will give you a particular date on which you have to appear before the consumer forum for admission of the case.

On the date of admission, you have to place the case before the judge. The judge will decide whether you have a case or not. Once he is satisfied that there is sufficient ground for you to lodge a complaint, he will register the complaint by way of giving you a case number and will issue notice to the company/ seller asking them to appear before the judge on the next date and to file their written statement/ written version. It is very important to place you case efficiently on the date of admission. In order to admit your case, you have to prove certain aspect:

oThere was a buyer and seller relationship between the parties.
oYou are aggrieved and have given notice to the company.
oYou have attached all the documentary evidences with the complaint
oYou have approached the correct consumer forum considering the jurisdictional aspect.

Once you are able to satisfy the judge with these above mentioned points, you case is admitted and half of your work is done.

I, herein above, have explained HOW TO FILE THE COMPLAINT BEFORE CONSUMER FORUM.

In the next post, I will explain how to draft a complaint petition.

Are email conversations enough to submit as seller buyer relationship document? How about the notification..

Can I notify the seller by email or should I do it via post.. With lawyer?

What about aggrievance.. How do I prove it?

You're awesome man.. I was left in the dark.. I have sent a notification email to Airtel seeing your post.. Still wondering if that I'd enough..
 
Are email conversations enough to submit as seller buyer relationship document? How about the notification..

Yes, email conversation are considered as evidence in the court of law. What exactly do you mean by 'notification'? Please explain.

Can I notify the seller by email or should I do it via post.. With lawyer?

Yes you can interact/ communicate with the seller through email. But I'd suggest to give him final notice through hard copy via speed post only. Keep the copy of the notice along with postal receipt and acknowledgment card return in safe custody. Also get a print out to the speed post tracking for the website.

What about aggrievance.. How do I prove it?
If you are not satisfied with the product/ services then you have a case. But this dissatisfaction should be in a realistic way and you should be in a position to prove that you are dissatisfied.

e.g. if you are not happy with the sound quality of your speakers or the picture quality of your led, it is very difficult to prove and it is also very subjective in nature.

But issues/ problems like damaged woofer/ tweeter or giving used/ demo tv or panel giving issues/ non installation/ delayed installation/ incorrect installation of the product etc. can be termed as deficiency in service. [There are plenty of things which come under deficiency in service, however I am mostly restricting myself in terms of audio video here.

You're awesome man.. I was left in the dark.. I have sent a notification email to Airtel seeing your post.. Still wondering if that I'd enough..

What was your issue exactly with airtel? over charging? wrong billing? If you want, you can discuss it me in PM too.

Thanks.
 
@OP: Nice informative article dude........BTW Thnx for sharing these inputs with all of us...

BTW i too faced similar problems with Netgear & Samsung TVs. When i mailed the higher authorities regarding the problems faced by me, they have instantly acted and delivered the brand new piece directly to my home that too within a week time.

But as you have said, you should have all the details, like how many times you have escalated the issues and the replies which u got.

Netgear
 
Yes, email conversation are considered as evidence in the court of law. What exactly do you mean by 'notification'? Please explain.



Yes you can interact/ communicate with the seller through email. But I'd suggest to give him final notice through hard copy via speed post only. Keep the copy of the notice along with postal receipt and acknowledgment card return in safe custody. Also get a print out to the speed post tracking for the website.


If you are not satisfied with the product/ services then you have a case. But this dissatisfaction should be in a realistic way and you should be in a position to prove that you are dissatisfied.

e.g. if you are not happy with the sound quality of your speakers or the picture quality of your led, it is very difficult to prove and it is also very subjective in nature.

But issues/ problems like damaged woofer/ tweeter or giving used/ demo tv or panel giving issues/ non installation/ delayed installation/ incorrect installation of the product etc. can be termed as deficiency in service. [There are plenty of things which come under deficiency in service, however I am mostly restricting myself in terms of audio video here.



What was your issue exactly with airtel? over charging? wrong billing? If you want, you can discuss it me in PM too.

Thanks.

If u can pm me your email I shall forward you the mails... :)
 
Yes, email conversation are considered as evidence in the court of law. What exactly do you mean by 'notification'? Please explain.



Yes you can interact/ communicate with the seller through email. But I'd suggest to give him final notice through hard copy via speed post only. Keep the copy of the notice along with postal receipt and acknowledgment card return in safe custody. Also get a print out to the speed post tracking for the website.


If you are not satisfied with the product/ services then you have a case. But this dissatisfaction should be in a realistic way and you should be in a position to prove that you are dissatisfied.

e.g. if you are not happy with the sound quality of your speakers or the picture quality of your led, it is very difficult to prove and it is also very subjective in nature.

But issues/ problems like damaged woofer/ tweeter or giving used/ demo tv or panel giving issues/ non installation/ delayed installation/ incorrect installation of the product etc. can be termed as deficiency in service. [There are plenty of things which come under deficiency in service, however I am mostly restricting myself in terms of audio video here.



What was your issue exactly with airtel? over charging? wrong billing? If you want, you can discuss it me in PM too.

Thanks.

Check pm dude
 
I have a 1.5 years old case where in I purchased a cat-6 lan cable (50 metres) from ebay seller epresent (Ajay Patel) of Bangalore. However on receiving the cables I found that unless the length of the cut portion is less than say 10 feet you cannot get a Gigabit connection, otherwise the connection remains limited to 100 mbps only. So a lot of email exchanges via ebay's messaging (all of them are still saved in ebay account with a copy in gmail) where in the seller finally replied that I have to send back the cable which I did at my own cost. After sending the tracking number of the courier finally they responded that they will process the refund, but till date they have not done that.

Do I have a case?

Can I claim only the expenses bourne by me or any additional compensation for the harrassment?
 
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