CONSUMER COMPLAINT FORMAT

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION , XXXX

CONSUMER COMPLAINT NO. XX/XXXX

IN THE MATTER OF:

MUSSADI LAL                                                                     …….COMPLAINANT

Versus

XYZ  PVT. LTD.  & ANR                                                     …..OPPOSITE PARTIES

COMPLAINT UNDER SECTION 35  OF THE CONSUMER PROTECTION ACT, 2019

MOST HUMBLY SHOWETH:

1. That the Complainant is filing this Complaint on account of the sale of defective product by the Opposite Party No. 2. The defective product being mobile phone make ……… bearing IMEI No.  xxxxxxxxxxx, which was purchased by the complainant on xx/xx/xxxx.
2. The Complainant is a citizen of India and works in a private company for livelihood.
3. The Opposite Party No. 1  is a a leading provider of consumer electronics, IT and Telecom Products in the Indian Market.
4. The Opposite Party No. 2 is exclusive store for selling Product of Opposite Party No. 2.
5. The Complainant was allured by the various advertisements being issued by Opposite Party No. 1  for promotion of its mobile phone make …….. It was stated to be the top most mobile phone model of the Company. Believing the advertisements to be reliable and the specifications of the phone to be of top quality, the complainant purchased the said phone after paying huge sum of Rs. 80,000/- from  Opposite Party No. 2.
6. The complainant was shocked to find that only after four months the mobile phone stopped working abruptly. Our client contacted the Service Centre of the Opposite Party No. 1 at ______________(Hereinafter referred to as “Service Centre”). The Complainant came to know  from the Service Centre executives that the motherboard of the product had gone completely dead and that they would replace/repair the part and send it back. Further, the Complainant was shocked to know that the Complainant had lost all data stored in the mobile phone. The Complainant  had saved a lot of valuable business data in the mobile phone.
7. That the  Complainant purchased the said expensive mobile phone with the expectation that it will be reliable, durable and technologically advanced. The Complainant started using the phone with the presumption that it is a reliable phone and saved lots of important data on this mobile phone.  One can appreciate that a phone contains very valuable data and a loss of the data can cause irreparable damage, more so in the case of a person who has his substantial work related data stored in it.
8. That the executives at the Service Centre of the Opposite Party  No. 1 informed our client that the repair would take several days and further that the entire data would be lost. When inquired whether there was any way the data could be recovered, they were rude and mocked at our client and said that he should have kept a back up somewhere and that it was not their fault if the data was lost.
9. The executives at the Service Centre of the Opposite Party No. 1  also said that they gave no guarantee if the product again gives the same problem in four months.  It is shocking that the top product of the Opposite Party had such a grave manufacturing defect that the motherboard crashed within 4 months of its usage.  When the Complainant asked for a refund they refused to do so.
10. That at that stage, left with no other option, the Complainant was constrained to deposit the phone at the Service Centre.  The complainant, suffered loss of data, financial loss, apart from the mental harassment and agony. Moreover, the behavior of the executives at the Service Centre was far from being acceptable, especially, when a customer is harassed. As such the Opposite Parties is also liable for deficiency in service.
11. It is submitted that  that the executives of the Service Centre have not as yet delivered the mobile phone.
12. The Opposite Party No. 1 and 2   have refused to refund the purchase price of the product to the Complainant even when it is a case wherein refund or replacement should have been immediately done. There was a manufacturing defect in the mobile phone, which resulted in the phone to stop working just after four months of purchase. The Company is wholly and solely liable for the manufacturing defect. On the contrary the Complainant, has indulged in unfair trade practices and has refused to refund the hard earned money of the Complainant. Despite various requests made by the Complainant, the Company has failed to refund the hard earned money to our client.
13. That due to defective product and deficiency of services on the part of the Opposite Parties, the Complainant has suffered financial loss, data loss and business loss. Further the Complainant has gone through physical and mental harassment in running to the Company’ Service Centers.
14. That it is evident from the abovementioned   facts that  the opposite parties are grossly liable for deficiency of services and supply of defective product.
15. That store of the Respondent No. 2, from where the mobile phone has been bought,  is situated within jurisdiction of this Hon’ble Forum as such this Hon’ble Forum has jurisdiction to entertain this product.
16. That the present suit is within the limitation period and the Complainant has not filed any other claim seeking relief against the Opposite Party.
17. The requisite court fee  has been paid by the Complainant.

PRAYER

In the facts and circumstances of the case, It is therefore prayed that this Hon’ble Forum may be pleased to :

1. Direct the Opposite Parties to refund the invoice amount of Rs. 80,000/- with interest thereon @ 18% per annum.
2. Pass any other order(s)/direction(s) as this Hon’ble Court may deem fit and proper.

                                                Complainant

Through

                                                                                                                                           Advocate

Place: New Delhi

Dated:

Note: Consumer Complaint has to be accompanies with Memo of Parties and Affidavit.

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