SAMPLE COMPLAINT PETITION
For defective good
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.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Consumer Dispute Case No. ………/200
A petition under Section -11 of Consumer Protection Act
and In the mater of :
Mr. X…… ComplainantVs.
M/s Y & Co.
M/s Z Ltd., ….. Opposite PartiesTo
Hon’ble President and
Members of District Forum
May it please your honours :
This complaint petition is being filed on behalf of Mr. 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)
(Narration of the incident)
.1 That on 26th December 1998 (date of purchase), the complainant purchased one ‘A’ brand Mixer Grinder, Sl. No……. (Details about the equipment purchased) manufactured by O.P. No. 2 from the show room of O.P. No. 1, vide Cash memo No…(Cash memo /Cash receipt No.), a photocopy of the said document is furnished at Annexure – I.
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.
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. 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.