Sample of complaint
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Model-Form Of Complaint
SAMPLE OF COMPLAINT, AFFIDAVIT IN SUPPORT OF COMPLAINT AND REPLY TO THE COMPLAINT
A sample of complaint is give below. However, you can file a complaint in any other way as long as you write the specific information required to file in a complaint.
BEFORE THE HONBLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT
..
OR
BEFORE THE HONBLE STTE CONSUMER DISPUTES REDRESSAL COMMISSION AT
.
OR
BEFORE THE HONBLE NATONAL CONSUMER
DISPUTES REDRESSAL COMMISSION
AT NEW DELHI
IN RE: CONPLAINT NO
OF 20
.
(Full Name)
(Description)
(Complete Address)
Complainant
-Vs.-
(Description)
(Complete Address)
.Opposite party/parties
Complaint under Section 12/Section 17/Section 21 of the consumer protection Act, 1986:
Respectfully showeth:
- Introduction: In this opening paragraph, you should give your introduction as well as that of the opposite parties.
- Transaction: In this paragraph, you should describe the transaction i.e. particulars and details goods/services availed: items of goods/kind and nature of service: date of purchase of goods/availing of service: amount paid as price/ consideration, full of in part towards the goods/services: photocopies of the /cash memo/vouchers or receipt should be attached and properly marke4de as Annexure A, B, C AND/ or 1, 2, 3 and so forth.
- Defect/Deficiency: In this paragraph, you should explain the grievancei.e. whether the loss or damage has been caused by some unfair trade practice or restrictive trade practice adopted by any trader or there is some defect in the goods or there has been deficiency in service or excessive pricing for the goods . One should bring out the nature of unfair trade practice adopted by the trader, i.e. relating to the quality of goods/services: sponsorship: warranty or guarantee for such period promised. The nature and extent of defects in goods should be explained and so should specify the details of actual price fixed by or under nay law in force at that point of time or as set out on goods and their packing vis-à-vis the price charged by the trader. The complaint can also be filed against offer for sale of goods hazardous to life and safety when used. You should narrate your grievance and rest assured, it is being read/header by compassionate and pragmatic judges. The photocopies of the relevant documents must be attached.
- Rectification: In this paragraph, you should highlight what attempts you have made to set the things right i.e. personal visits or negotiations: communication in writing if any: whether any legal notice was served and/or whether you have approached any other agency for redressed like MRTP Commission. Civil or Criminal Court of competent jurisdiction: the stages of its proceedings, its outcome, of any, along with copies (preferably certified) of such proceeding. The nature of response you got from the trader when irregularities were brought to his notice should also be disclosed here.
- Evidence: In the paragraph, you should give details of documents and/ or witnesses you will rely upon to substantiate your case. The documents attached as annexure as stated above may be incorporated in a proper list and a list of witnesses (if any) may be filed. Each of the annexure should be attested as true copy.
- Other provision: In the paragraph, you us make reference to any other law or rule regulation of a particular procedure which are applicable to the case and /or which the trader has violated and consumers rights under the same . there are incidental statutory obligations which the traders have to fulfill and in case of nay failure to do so, the case in prime facie is made out and the forum takes cognizance.
- Jurisdiction: In this paragraph , you should liquidate the claim in the complaint i.e. from Rs. 20,00,000/- to Rs, 1,00,00,000/- or above and set out the pecuniary jurisdiction of the Forum/state Commission/National Commission, as the case may be. The territorial jurisdiction should be highlighted to obviate any formal objection.
- Limitation: You must mention the present complaint is being filed within the period prescribed under Section 24A of the Act.
- Relief claimed: In this paragraph, you should describe the nature of relief you want to claim I. for removal of defects in goods or deficiency in services; replacement with new goods; return of the price or charges, etc. paid and /or compensation on account of financial loss or injury detrimental to your interest occasioned by negligence of the opposite party and explain how you have calculated the amount f the compensation claimed.
- Prayer clause: It is therefore, most respectfully prayed that this Honble Forum/Commission may kindly be pleased to
Place .
Date Complainant
Through (Advocate or Consumer
Association, etc.)
Verification
I, .., the complainant above named , do hereby solemnly verify that the contents of my above complaint are true and correct to my knowledge . No part of it is false and nothing material has been concealed therein.
Verified this on day of ..20 at ..
Complainant
Note: Although it is not compulsory, you may file an affidavit in support of the complaint, which adds to the truth and veracity of allegations and gives credibility to the cause. You need not do it on a stamp paper but should get it attested from an Oath Commissioner appointed by a High Court . The format is simple.
AFFIDAVIT IN SUPPORT OF THE COMPLAINT
BEFORE THE HONBLE .
IN RE: COMPLAINT NO OF 20
IN THE MATTER OF : COMPLAINANT
- Vs.-
.OPPOSITE PARTY
DATE OF HEARING
WRITTEN STATEMENT ON BEHALF OF RESPONDENTS TO THE
COMPLAINT OF THE COMPLAINANT
Respectfully showeth:
Preliminary Objections:
- That the present complaint is wholly misconceived, groundless and unsustainable in law and is liable to be dismissed as such. The transaction in question was without any consideration and free of charge.
- That this Honble Court has no jurisdiction to entertain and adjudicate upon the dispute involved in the complaint in as much as it is not a consumer dispute and does not fall within the ambit of the Consumer Protection Act, 1986, hereinafter called the said Act and is exclusively tribal by a Civil Court and as such the complaint is liable to be dismissed summarily on this score alone.
- That the dispute raised by the complainant in the present complaint is manifestly outside the purview Of the said Act and in any event, the Act is in addition to and not in derogation of the provisions of the Act. The proceedings initiated by the complainant under the Act are non est, null and void and without jurisdiction.
- That the definitions of Complainant, Complaint Consumer Dispute And Service, as defined in section 2(1) of the said Act do not cover the aforesaid definitions, the complainant is not consumer and the controversy involved in the complaint is not a consumer dispute.
- That the present6 complaint is baseless and flagrant abuse of process of law to harass and blackmail the answering respondent. 6. That the complainant has no locus standi to initiate the present proceedings. 7. That the complaint is bad for non-joiner of necessary and proper party and is liable to be dismissed on this score alone.
- That the complainant has already filed a civil suit for in a court of competent jurisdiction which is pending disposal in the Court of and the present complaint has become anfractuous.
- That the present complaint is hopelessly barred by limitation.
- That this Honble Forum/Commission has no territorial or pecuniary jurisdiction in as much as the amount involved in the subject matter exceeds or is less than the limit prescribed by section 11(1)/ Section 17(1)(a)(i)/ section 21 (a)(i)of the Act.
- That the present complaint is frivolous and vexatious and liable to be dismissed under section 26 of the Act.
- That the present complaint has not been verified in accordance with law.
On Merits
In these paragraphs, the respondent must reply to each and every allegation made and contention raised by the complainant, factual and legal as well. One may have, inter alia, following good defenses as well:
a. That the Traction entered between the parties to the above dispute is a commercial one and the complainant cannot claim any relief from this authority in as much as .
(give details)
b. That the Complainant had purchased the goods as a seller/ retailer/ distributor, etc., for consideration of resale and as such is barred from moving this Honble for the alleged defect/ deficiency, etc., in as much as .
c. That the complainant has already availed the warranty period during which the answering respondent has repaired / replaced the goods in question. The Complainant is thus legally stopped from enforcing this complaint or to take benefit of his own wrong.
d. That the present complaint is an exaggeration beyond proportion despite the fact that the complainant himself is responsible for the delay and has on several occasions changed his option for class of goods/type of allotment scheme of flats/model of vehicle, etc.
(give details)
e. That the answering respondent is well within his rights to charge extra price for the subject-matter of the above dispute in as much as time was not the essence of delivery thereof. The complainant is liable to pay the increased price on account of escalation due to excise duty / budgetary provisions, etc., in as much as .
(give details)
f. That the complainant has accepted the goods and / or service towards repair/ replacement, ect, without protest and the present complaint is merely an after thought.
g. That without prejudice the answering respondent as a gesture of goodwill is prepared to (give details of rectification, if any, which can be done in case of minor or tolerable problems to avoid harassment to consumer and litigation problems).
The allegations of defect / default / negligence and / deficiency in service are wholly misconceived, groundless, false, untenable in law besides being extraneous and irrelevant having regard to the facts and circumstances of the matter under reference.
Prayer clause with all the submission made therein is absolutely wrong and is emphatically denied. Complainant is not entitled to any relief whatsoever and is not maintainable and is beyond the jurisdiction of this Honble Court and is liable to be dismissed summarily on this score alone and more fully set out in the preliminary objections. It is prayed that the complaint may kindly be dismissed with costs.
Opposite Party
Place .
Date. .
Through (Advocate)
Verification
Verified at this ..day of 20 .
Comments
OR
BEFORE THE HONBLE STTE CONSUMER DISPUTES REDRESSAL COMMISSION AT Banglore
OR
BEFORE THE HONBLE NATONAL CONSUMER DISPUTES REDRESSAL COMMISSION
AT NEW DELHI
IN THE MATTER OF: Full and Final Settlement of salary
Victim : MOHD MOHSIN KHAN
I am a Corporate Training Consultant and delivered training to various MNc's
My permanent Address is : Kidwai Nagar, Kanpur-208011, UP ,INDIA
I Worked as corporate Trainer with IIHT Ltd from 01-Dec-2009 to 27-Dec-2010 at Noida Branch
every time I asked for my F&F settlement they put me off by saying will do will do..
I even met CEO of Company at IIHT Head Office, Banglore
but reply was the same
I have to file a complaint the against the IIHT Ltd. / CEO of IIHT Ltd named Keshav Raju
the Company Address is given Below:
IIHT Ltd.
15,Sri Lakashmi Complex,4th Floor.
St.Marks Road,
Opp: Bowring Institute,
Bangalore - 560 001.
Email ID of CEO [keshav@iiht.com]
Email ID of current BU Head Trainings [manjunath.rao@iiht.com]
Kindly Help Me in getting my F& F amount which is Rs. 22,225.00
Thanks & Regards,
Mohsin
+91-9840173724
OR
BEFORE THE HONBLE STTE CONSUMER DISPUTES REDRESSAL COMMISSION AT New Delhi
BEFORE THE HONBLE NATONAL CONSUMER DISPUTES REDRESSAL COMMISSION
AT NEW DELHI
IN THE MATTER OF: Delay in new PNG connection by IGL Delhi
Victim : Vikram Singh
Dear Sir, I have applied for a new connection on 8th Sep 2011 and my money is deposited also from that day but I am still waiting for my connection. When the TP point for connection of four DDA houses is install. All new connections for that time and after that is provided to all customer in my colony.
During last 4 months to ask about my connection to many IGL people no one is taking the responsibility. All are coming for survey many times and telling we will give report to office.
I lodge a complaint on 8th June 2012 in IGL Head Office R.K. Puram, sector 9 to Mrs. Nidhi Joshi (Ph. No. 011 46074806). He told me that we will provide you this connection within one week.
Again people came for survey and told me that our contractor placed TP point in wrong place and from their not possible to give you connection and need to shift is other place. Contractor claimed his bill and received the money for this work already so you provide us your own labor and other payment and take also your responsibility for this work. But I am afraid about it because Gas pipe line is a sensitive matter and I dont have any experience about it.
So I request you that please take necessary action and help me to get new png connection as soon as possible.
I will thankfull to you in whole my life.
My details and IGL people witch I contact is also here.
Name - VIKRAM SINGH
Mobile no. 9811996716
BP NO. 4000161957
FORM NO. 744618
BOOKING DATE - 08-09-2011
ADDRESS - 54D, POCKET-D1, JANTA FLATS
KONDLI, MAYUR VIHAR, PHASE-3, DELHI-110096
IGL PEOPLE WHICH I inform about my problem A LOT OF TIMES:-
Mr. Ashutosh Roy 011 65644092
And Mr. Satish
NITIN GUPTA 011 64690290
SAURABH 9873072300
SHAMEEM 7428846485 (supervisor)
Mrs. Nidhi Joshi 011 46074806
photon number - 9226005084
contact-sandeep
8793593959
We have received your complaint and we will ensure it is resolved soon.
Thanks and Regards
Customer Care
Tata DOCOMO.
i have got a gift(1000 L/N sms/month for next 3 months), from a airtel
number(9831226155) using airtel gifting service on 3rd june'2012 10:33
am.
But i have got only 1000 sms for first month,
and 2nd settlement is not credited even 30days over.
i have call 5 times to help desk, they provide me only wrong information.
a senior executive AMIT BANERJEE (called on 03-07-12 7:25 pm). told me
no sir their are no such service on your number.
AMIT SUR (called on 04-07-12 2:15 pm). a C.care infrom me, the benefit of 2nd
month already credited but date not avail in our system.
solve the problem.
and expelled garbage(who provide wrong information) from airtel.
if a customer call 3 times in help line, he will not be able to call
for next 30 days.
is poor system.
i have call three time its airtel' problem not mine, they was not able
to solve problem
Please provide us the screenshot of the speed which will assist us in doing the needful
Thanks and Regards,
Customer Care
Tata DOCOMO.
Sir
I Mohan rathore S/O Jaswant singh Rathore purchased a handset SAMSUNG GALAXY S PLUS(GT-I9001). from BHAGWATI ELECTRONICS LTD. (TIN-07870290460) 135, municipal market, karol bagh new delhi 110005 for Rs-20,000 on 29 oct 2011.
Then in feburary 2012, at the time of sleeping due to some pressure on it ,display screen got cracked then i approached samsung service center to repair the screen , they charged with hefty amount Rs 4564/- for the display screen. After 5 month its got another problem blinking display and automatic switch off without any reasons or damage. then i again approach samsung service center moti nagar..now they said its a display connector damage (one pin) so the display is not working properly and now it will cost Rs6000/-. although it is in warranty period and they also break my phones back cover(plastic body). and the connector damage is only due to their improper handling of phone. actually they break or damage some part of phone manually then overcharge customer . sir i am not in situation to pay Rs.6000/- for this damage.i had paid Rs 4564/- for damage screen but this damage is caused by the service center only. and they are saying its not our fault we will not repair the phone.
sir i want you to take immediate action regarding this other there is a huge ignorance of consumer act.
so, i want justice for that
regard
deepak tyagi
9958028005
At the time of buy i dint checked the cell as i was in a hurry & they told me to charge the battery first and then switch it on.
When i started the cell it worked for only 2 hours then all of a sudden it Switched off, I went back to Reliance Digital but they directly told me to go to Nokia Store and get it Serviced, i did that and even then the cell phone is having the same issues. I had already serviced this cell 3 times from Nokia Store and still the cell is having same issues.
Its body itself is not perfect and having some fitting problems.
At the time of buy they never told the policies but at the time of replacement they tell about as many policies as can.
Now Nokia Customer center is telling to get the cell phone replaced by Merchant only as this cell will not work at all in spite of Services.
For me i am stuck in middle of arguments to Nokia Care & Reliance Digital.
I did raised the concern on Reliance Facebook link also.
If Reliance Digital is not ready to replace the cell then i have to raise a complaint in Consumer Forum for sure.
Hoping for a quick and healthy response.
Thanks,
Siddharth Negi
+91 9873755594
The item was purchased from seller on eBay
traveller9976
Anurag Jain
Mobile no.:098-73-447716
When i inform the website about this problem,they asked me to contact the seller,"traveller9976" and he just had an mannerless & bad word speech with me.
The website has written that"new seal packed iphone 4 unlocked 32gb",but I have got 3 different IMEI no.'s i.e it is not a sealed pack.The website is cheating me.
Plz help me...!
Pushkar Deshpande
Mob. No:9420961410
IN THE MATTER OF: iPhone purchased online from Ebay.in
VICTIM: Pushkar Pradeep Deshpande
I am an student of MGMs Dr.G.Y.Pathrikar College Of Computer Science And Information Technology.
My permanent Address is :Plot no.-12,Deep-Jyoti,Near Apulki Apts. ,Opp. Jawar Negar Police Steation,Garkheda,Aurangabad,Maharashtra,India.
I had ordered an Apple iPhone 4 32 GB as a gift for my dad on his birthday. I have got 3 different IMEI numbers with my mobile which violates Indian legal policy of Indian telecommunication. I also informed about this problem to eBay India and they asked me to contact the seller and he just gave me bad words and behaved roundly and manner less.
Latif Nathani,
Managing Director,
eBay India Private Limited,
14th Floor, North Block,
R-TECH Park,
Western Express Highway,
Goregaon (East),
Mumbai 400063,
Maharashtra(India)
After one day I found that right shoe is defective, so I reached to the showroom told about this case.
They said, that this shoe was defective and they know that but at the time of purchasing they didnt told me. Now they say, we wont replace this but will repair it for you ..
That means they selling defective shoes in showroom in the name of DISCOUNT.
From
Ajay
8308201249
2. Phenomenal Plantations Limited was never black listed by SEBI.
3. In 1997-98 SEBI had asked all the plantations companies to close down the business & refund the money back to the investors within the stipulated period. Phenomenal Plantation Limited although it had not done any violation had also to close down the business as per the SEBI order.
4. Inspite of huge cash crunch & enormous pressure Phenomenal Plantations Limited is one of the honest plantation company to have repaid money to its investors alongwith interests, by giving reminders to its investors by post & through newspaper advertisements. 90% of the investors have already taken their money back alongwith interest & we again appeal through this Consumer Court Website to the balance investors to take their money alongwith interests.
5. Phenomenal Health Care business is a genuine business wherein the company is selling health care packages to its customers in which the company is offering Mediclaim & Accidental Death Insurance Coverage through Oriental Insurance Company. The company also gives Doctors Coupons to its customers, wherein company is having tie-up with Doctors & Hospitals all over India. Since Mediclaim & Accidental death Insurance Coverage is given through Oriental Insurance Company, the Company is only the proposer & not the insurer therefore there is no question of taking IRDA or SEBI registration for this business.
6. The Company had to take Registration from MCA (Ministry of Corporate Affairs) for which the Company had already taken registration to run the business as a Corporate Entity. The Registration Number is U45201MH1998PLC113098
7. The very fact that there are no complaints against the Company in West Bengal or anywhere from India except from the complaint from Mr. Navratan Lakhotia. Wherein, as per the company records he has taken the Health Care Package of Rs. 60,000 that he has to pay in 20 installments but he has not completed the whole installments. Still the Company has already asked the concerned Branch Manager of Siliguri branch to resolve the matter amicably to the satisfaction of Mr. Lakhotia.
As sales persn was not hving detail on othr chargs, taxes so took me to CRM, the person intruducd was supose to be experienced and one of the oldest employee. Hey I furgot to tell u these are unprofessionals to the core. They were busy in discussing between them about harry poter movie. Made me to wait 20 minutes. My intrst was already reducd still thought to continue .
Finaly these CRM manager met ME half heartdly and was behaving terible, as if advicing not to take. I was disappointd due to wastage of time. By virtue of this experience I suggest better to avoid this developer. Even I heard CRM is non courteus in every stage and they give wrong projection on construction because of this projects are delayd more than couple of years.
AT NEW DELHI
IN THE MATTER OF: Full and Final Clearance of Bills
Victim : Gurvinder Singh Kohli
I am an independent consultant and was hired by IIHT Ltd, Bangalore for their ELS division.
My permanent Address is : Laxmi Paradise, Kanakiya Road, Mira Road East, Mumbai - 401107
I was hired by IIHT ltd ELS division to on contract on 3rd December 2012. The company terminated the contract on 1st June 2013 without the agreed one month termination notice. I agreed to the same in good faith in order to settle my outstanding invoices for April 2013 and May 2013 amounting to Rs 366,000.00. However, till date the organisation has neither settled my bills nor is now acknowledging the email reminders I am sending to Mr Keshav Raju, CEO of IIHT. The company has gone ahead and deposited the 10% TDS that is due on the two bills to my IT account showing the same having been paid on 4th April 2013 and 7th May 2013 without having paid me the amount. As I am unable to get any response from the company I am requesting you to please help me in resolution of the matter.
I have to file a complaint the against the IIHT Ltd. / CEO of IIHT Ltd named Keshav Raju
the Company Address is given Below:
IIHT Ltd.
15,Sri Lakashmi Complex,4th Floor.
St.Marks Road,
Opp: Bowring Institute,
Bangalore - 560 001.
Email ID of CEO [keshav@iiht.com]
Email ID of current BU Head Trainings [manjunath.rao@iiht.com]
Thanks & Regards,
Gurvinder Singh Kohli
+91-9833200065[/QUOTE]
In consideration of the technical feasibility, the undersigned had made online payment of Rs. 4,899.00 on 19th June 2014 for the said connection. It was provided in writing that the said connection will be activated within 07 days of payment i.e. by 26th June 2014.
Whereas, the company failed to provide the said connection. On asking the representative, she informed that there is no cable in my area from their side and their finance department is not providing the due approvals for new cables. This is in spite of the fact that they had provided a technical feasibility confirmation to me. This technical feasibility confirmation was a false declaration on their part. I have been repeatedly trying to call their phone numbers. I had lodged an official complaint on their phone no. 7600078787 which was acknowledged vide no. 2014070512980 on 05th July 2014. Whereas, on 13th July 2014, they forwarded a SMS on my mobile stating that my complaint has been processed. Whereas, no result was actually provided. Neither they have provided the service connection nor are they prepared to refund my money. I have also tried to reason out by mails and phone calls to their nodal officer. Whereas, vide her mail dated -08th July 2014, Ms. Anjana Sharma (The Nodal Officer) informed me that they are providing the connection On top priority without any confirmation on the deadline date. Their phone nos. are not attended and mobile phone no. of Ms. Anjana Sharma is always switched off. I spoke to their appellate authority Ms. Divya Singh on her mob no. 9825286495 on 3 to 4 occasions. Every time she promised that she will call me back with the results within some time. But, she never got back to me with any results and instead has stopped attending to my phone calls. My money must be refunded immediately.
G S Gulati
9898062289
If they have informed this an hour before, I could have hired another cab but this behaviour from the company (OLA cabs) are riddiculuos. Their behaviour is causing inconvenience to the customers.
Kindly take necessary actions against them for cheating the customers and poor customer service.!!
Thanks,
Priyanka
9618240097
I had internet post paid connection from TATA DOCOMO.
ACCOUNT NUMBER 9282583112
Ref :- Call logs for more details
On last Feb 2014, I took the decision not to use your post paid service because of several reasons. At that time I spoke to your customer care representative over phone and they advised me to go to the retail outlet for the same. On Feb 22, 2014, I visited your Poondamalei High road outlet. As advised, I paid the outstanding amount of 1124/- and raised the request to cancel the post paid service. Please find the below transaction details.
They promised this would happen in next 5 working days and provided me the ticket (Request for Cancellation)
After that, again I contacted and came to know this had not happened and they raised another request to do the same. This also had never happened. After that I contacted several times over phone and nothing had been worked out and the connection was active. Please find one such email as attached. I was kept on getting bills during those days( February 2014 to April 2014) which I have never used. I have requested many times to stop sending bills but this had never happened.
Again in 21 May 2014 one of your collection representative come to my house and collect the amount of Rs. 2336/- vide Bill No: 734816 dated 21st May 2014 and device also along with a letter. In that letter I clearly mentioned it is the final settlement. I consider this kind of business practice is highly unethical and sort of customer harassment. Now I got a legal notice to pay the amount which is completely illegal this has to be withdrawn as soon as possible.
Please note that I followed all the procedure and as per the instruction I paid all the outstanding dues at your outlet on May 26th and raised the request to cancel the service. Please stop harassing me the way you are doing since last couple of months by phone calls. Otherwise I have decided to take the shelter of the consumer court. For your kind information at present I was not in the Chennai Station. I have all proof what I mentioned above (like request form, ticket nos, and Bills).
Regards
M.Mahalakshmi