Consumer Complaint

In the District Consumer Disputes Redressal Forum …………….

Consumer Complaint No. ……… of …..

In the matter of: …………………………………………. Vs……………………………………………

Mr…………………………………residing at …………………………………………………………………………Complainant

Versus

……………………………………………………Company Limited, a company incorporated under the Companies Act 1956 and carrying on business at……………………………………………………………………………….Respondent

Complaint under Consumer Protection Act 1986 and the Rules made thereunder

To

The Hon’ble President and His

Companion Member of the District

Consumer Disputes Redressal Forum ………….

Most Respectfully SHEWETH:

1. The respondent is a manufacturer of electrical goods including REFRIGERATOR and carries on business in …………………………

2. The claim of compensation and/or redressal of grievances of the complainant does not Rs. 5 lakhs.

3. The complaint relates to the malfunctioning of the Refrigerator purchased by the complainant from the respondent about 18 months ago. This Application is being made within 2 years from the date of cause of action for making application.

4. On 15th June 1998 the complainant purchased one Refrigerator from the respondent at Rs. 20,000.

5. The complainant paid the price, took delivery of the Refrigerator and the respondent issued a cash memo and a Guarantee/Warranty Card guaranteeing the proper functioning of the Refrigerator. The guarantee was valid for 3 years.

6. After about 7 days of running the said Refrigerator in accordance with the printed instructions given by the respondent the Refrigerator did not work properly. The complainant by his letter dated 25th June 1998 complained to the respondent setting out the malfunctioning of the Refrigerator including the non-working of the compressor.

7. The respondent sent its mechanic who apparently repaired the defect. But after some time again the Refrigerator malfunctioned since its compressor was not properly functioning.

8. After several reminders the respondent send its mechanic who tried to repair the Refrigerator and ultimately made the same workable but sated that the defect was a manufacturing one and therefore the same could not be fully repaired.

9. The complainant requested the respondent by a letter dated 10th December 1998 to replace the said Refrigerator as there was a manufacturing defect and in spite of best efforts the respondent’s mechanic could not repair the defects. The respondent received the said letter but neither replaced the Refrigerator nor repaired the defect nor replied to the said complaint. A copy of letter and copy of the receipt are annexed hereto marked “A” and “A-1”.

10. Copies of the Cash Memo and the Guarantee Card are annexed hereto marked “B” and “C” respectively.

11. Copies of the previous complaints are annexed hereto marked “D”.

12. That cause of action has arisen at……………… where the said refrigerator was purchased and also at …………….where the defendant works for gain.

13. That cause of action arose when the Refrigerator was purchased on…………., and when complainant suffered losses due to faulty refrigerator between the period ………………to till date, and also when technicians of defendant failed to rectify the fault since date of purchase to till today.

14. That appropriate fee of Rs…….. is attached herewith by way of……………………………….

15. That no such, same or similar complaint has been filed in any other consumer court or court of law.

16. By reasons of the agreement, breach of the Warranty and negligence of the respondent, the complainant has suffered loss and damages which the complainant assesses at Rs. 35,000.

In the facts and circumstances of the case the complainant prays for the

following reliefs:

(a) Refund of Rs. 20,000 paid to the respondent for the purchase of the Said Refrigerator;

(b) Interest from date of purchase on Rs. 20,000 at 18% per annum;

(c) Damages for harassment, physical injury and mental agony assessed at Rs. 35,000;

(d) Costs of the present proceeding;

(e) Further and other reliefs as the complainant is entitled to

And the complainant as in duty bound shall ever pray.

Place: ……………………..

Date: ………………………. Signature of Complainant

Verification

I, Mr. ………………….. son of Mr. ……………………… residing at …………………………. Darbhanga, Bihar do hereby solemnly declare and state that the statements contained in the preceding paragraphs of this complaint are true to the best of my knowledge and belief and nothing stated herein is false and I have not suppressed any material fact.

Verified at ………………………….. on this …………………… day of ………………..

Deponent

ANNEXURES:

1. Cash Memo

2. Guarantee Card

3. Letters of complaint