ACKNOWLEDGEMENT
I would like to thank my faculty Prof Ms Sonali Roy
Choudhury for their valuable support and
suggestions for the improvement and editing of
this project report. Last but not the least, I would
like to thank all the friends and others who directly
or indirectly helped me in completing our project
report
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.
COMPLAINT PETITION
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
<NAME OF THE DISTRICT>
Consumer Dispute Case No. ........./200 <Year of filing>
A petition under Section -11 of Consumer Protection Act
and In the mater of :
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>
To
Hon'ble President and
..... Opposite Parties
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)
(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.
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
