1. For defective good
2. For deficient service
3. AFFIDAVIT
4. FORMAT FOR AUTHORISATION
 
 

CASE : Mr. X purchases a mixer grinder from M/s Y & Co. operating in the same town, in December 1998.  Even within the warranty period of 1 year the grinder fails. M/s Y & Co. fails to rectify the defect. The manufacturer M/s Z Ltd., was also unable to rectify the mixer grinder.  Frustrated, Mr. X finally approaches the District Forum. 

                                  COMPLAINT PETITION 

Mr. X 
<Address of Mr. X>                      ...... Complainant 

                                          Vs. 

1. Proprietor,
    M/s Y & Co. 
   <Address of Y & Co.>

2. Managing Director,
    M/s Z Ltd.,
   <Address of Z>                          ..... Opposite Parties 

To 
Hon'ble President and 
Members of District Forum 
<Name of District>

May it please your honours : 

         This complaint petition is being filed on behalf of Mr. X, <Address of X>, referred hereafter as Complainant,  and is as follows : 

1.0   That this complaint Petition is being filed under Sec. 
2 (1)(b)(i) of the Consumer Protection Act.

2.1  That the opposite party No. 1 is engaged in the business of selling Consumer durables like refrigerator, TV, Mixer Grinder, etc. to the public for a consideration, apart from other activities. (Description about the O.P.)

2.2  That the Opposite Party No. 2 is the manufacturer of 'A' brand mixer grinders and other electrical household gadgets and that the mixer grinders of O.P. No. 2 are sold in retail by O.P. No. 1. (Description about the O.P)

3.2  That the mixer grinder abruptly stopped functioning (Nature of problem encountered) on 8th January 1999 (when)
and the matter was immediately reported to O.P. No. 1. As per his advice the defective mixer grinder was handed over in their Service Centre, on 9th January 1999.  A photocopy of the Service Centre receipt is furnished at Annexure - II. 

3.3   That the mixer grinder was returned back after rectification on 24th January 1999. 

3.4 That the mixer grinder was put to use on 25th January 1999. After running hardly for 5 minutes, the mixer grinder once again totally failed. 

3.5   That the Complainant immediately reported the matter to O.P. No. 1 and also complained to O.P. No. 2.  Copy of the letter is furnished at Annexure - III. (Furnish important relevant documents.)

3.6  That as per the advice of O.P. No. 1 the defective Mixer Grinder was once again handed over to their Service Centre on 30th January 1999. There was inordinate delay in rectifying the defect by O.P. No. 1.    In April 1999 O.P. No. 2 advised O.P. No. 1 to replace the Mixer Grinder, Copy of the said letter is furnished at Annexure - IV. 

3.7   That the O.P. No. 1 did not bother to honour the directive of O.P. No. 2 and till date the Complainant is suffering due to non-availability of the Mixer Grinder. 

4.0  That the O.P.s had supplied defective good and they have to make good the losses suffered by the complainant.

                                         PRAYER 

         In view of the submissions contained in the preceding paragraphs, the complainant most respectfully prays to the Hon'ble Forum to direct the Opposite Parties to : 

(a) refund the cost of the Mixer Grinder, Rs. <Cost> along with 18 % interest ; 
(b) pay a sum of Rs. 10,000/- towards the physical strain and mental agony suffered by the complainant and his family members (compensation) ; and 
(c) pay a sum of Rs. 1,000/- towards cost of this petition (Cost) ; 

         for which act of kindness, the complainant shall, as is duty bound, ever pray. 
                                                                                  Signature
                                                                                    (X) (Name) 
                                                                                 Complainant 

CASE : Mr. X invests a sum of money with M/s Y & Co., a NBFC (Non Banking Finance Company), operating in the same town, in December 1998.  The deposit matures in December 1999, but the Company fails to honour its commitment.  It does not pay the dues.   Frustrated, Mr. X finally approaches the District Forum. 

                                  COMPLAINT PETITION 

Mr. X 
<Address of Mr. X>                      ...... Complainant 

                                          Vs. 

Chairman & Managing Director
M/s Y & Co. 
<Address of Y & Co.>                              ..... Opposite Party

To 
Hon'ble President and 
Members of District Forum 
<Name of District>

May it please your honours : 

         This complaint petition is being filed on behalf of Mr. X, <Address of X>, referred hereafter as Complainant,  and is as follows : 

1.0   That this complaint Petition is being filed under Sec. 
2 (1)(b)(i) of the Consumer Protection Act. 

2.0  That the opposite party is a NBFC, engaged in the business of accepting deposits from the public, apart from other activities. (Description about the O.P.)

3.2  That the F.D. matured on 25th December 1999 and the Complainant approached the office of the O.P., on 26th December 1999, for encashing the FD.  But the staff of the Company, on some some pretext or the other delayed making the payment (Nature of problem encountered).  Hence the Complainant wrote to the O.P., requesting his immediate intervention.  A photocopy of the said letter  is furnished at Annexure - II.    But the Complainant has not been paid his dues till date.

3.3   That the non-payment of the maturity value of FD, by the O.P., on the scheduled date, amounts to deficiency in service as defined under sec. 2(1)(g) of the Consumer Protection Act.

4.0  That the O.P. has inflicted enormous amount of mental agony and financial loss on the Complainant and his family.

                                         PRAYER 

         In view of the submissions contained in the preceding paragraphs, the complainant most respectfully prays to the Hon'ble Forum to direct the Opposite Party to : 

(a) pay the maturity value of the fixed deposit, Rs.........., along with 18 % interest ; 
(b) pay a sum of Rs. 10,000/- towards the physical strain and mental agony suffered by the complainant and his family members (compensation) ; and 
(c) pay a sum of Rs. 1,000/- towards cost of this petition  (Cost); 

         for which act of kindness, the complainant shall, as is duty bound, ever pray. 
                                                                                  Signature
                                                                                    (X) (Name) 
                                                                                 Complainant 

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     I,____________________________________________________, Son of, __________________________________________________, and residing at ___________________________________, do hereby solemnly affirm and declare as under :

1)     That the  facts stated in the complaint petition paras ___________ to _________, in _________________________________________ Vs. _______________________________________________, being filed before the Hon'ble (District Consumer Disputes Redressal Forum (, Place) /State Consumer Disputes Redressal Commission(, State)/National Consumer Disputes Redressal Commission, New Delhi are true to the best of my knowledge and based on the  records maintained by me, which I believe to be true.

                                                                                           Deponent

                                                     Verification

            Varified at <Place>, on this ____________ day of  <Month> <Year> that the contents of the above affidavit are true and correct to the best of my knowledge and belief.

                                                                                             Deponent
Note: 
1.  The Affidavit has to be sworn before the Notary, on a Rs. 5/- non-judicial stamp paper.
2.  The details of Place, State, Month, Year are to be filled as per actual.
3. Complainant or Appellant is the Deponent.
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           BEFORE THE NATIONAL COMMISSION, NEW DELHI /
                  BEFORE THE STATE COMMISSION, <STATE> /
                    BEFORE THE DISTRICT FORUM, <DISTRICT>.
 
 

         Consumer Dispute Case/First Appeal/
                                    Revision Petition No. ________ of <Year>

BETWEEN 
______________________________________________<Complainant> 
And
__________________________________ <Opp. Party/Respondent>
 

                                       AUTHORISATION
 

            I _______________________________________________ , of
<Address>________________________________________________,
Complainant/Appellant in the above case do hereby appont and retain _______________________________________________________  to appear for me in the above case and to conduct and prosecute the above mentioned Respondent and in all proceedings  that may be taken in respect of any application  connected with the same or any decree or order passed therein.  I  authorise the aforesaid Representative to admit any compromise lawfully entered in the said case.
 

Dated the    :                                             (Signature of the Complainant)