COMPLAINT AGAINST DEFECTIVE TELEVISION BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM AT COIMBATORE





Complaint No.____ ___of________2008.



…………….Complainant

Versus



……………….Respondent.

Complaint under section 12 of the Consumer Protection Act,1986.



Respectfully Sheweth:-

1. The respondent is a manufacturer of Electronics goods including Television Sets and carries on business in the name and style of M/s._______.

2. The complaint relates to the malfunctioning of the Television Set purchased by the complainant from the respondent about 6 months ago.

3. The claim of compensation does not exceed Rs. 5 Lakhs. This Application is being made within 2 years from the date of cause of action for making this application. Thus the complaint is pecuniary jurisdiction and time limitation

4. The complainant purchased one Television Set from the respondent at Rs._________ on (Dated)__________.

5. The price is paid in cash by complainant at the time of purchase. The respondent has issued a cash memo and guarantee/warranty card. The guarantee/warranty card guarantee proper functioning of the Television Set for three years from the date of purchase.

6. After about 7 days of running the said Television Set in accordance with the printed instructions given by the respondent the Television Set did not work properly (give brief description of malfunctioning/defect of Television Set).

7. The complainant by this letter dated______ complained to the respondent detailing about malfunctioning/defects (Letter annexed as Annexure “A”).

8. The respondent sent its mechanic who apparently repaired the defect. But after some time again some defects appears in Television Set. (give brief description of malfunctioning/defect of Television Set).

9. After several reminders the respondent sent its mechanic who tried to repair the Television Set and ultimately made it workable but stated that these are manufacturing defects and can not be fully repaired.

10. The complainant requested the respondent by a letter dated ______ to replace the said Television Set 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 machine nor repaired the defect nor replied to the said complaint. A copy of letter and copy of the receipt are annexed hereto marked “B” and “C”.

11. Copies of the Cash Memo and the Guarantee Card are annexed hereto marked “D and “E” respectively.

12. By reasons of the breach 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._______.

In the facts and circumstances of the case the complainant prays for the following reliefs:

To replace the Television Set with new one or Refund the Rs. __________ paid to the respondent for the purchase of the said Television Set.

(b) Interest from date of purchase on Rs._________ at ______% per annum.

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

(d) Costs of the present proceeding.

(e) Further and other relief’s as the complainant is entitled to.

And the complainant as in duty bound shall ever pray.

Place:_______

Date :_______

Complainant

Through Advocate



Annexure “A” to “E”.

BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM AT COIMBATORE



Complaint No. ___________of_________.



…………….Complainant

Versus



……………Respondent

Affidavit of Shri ___________ s/o Shri ____________,

R/o_________ aged about _______ years, complainant in this case.

I, the above named do hereby solemnly affirm and declare on oath as under: -

1. That the accompanying complaint under section 12 of the consumer protection Act, 1986 has been drafted at my instance.

2. That I have gone through the contents of the said complaint from paras 1 to 12 which I admit as true and correct to my knowledge.

3. That the copies of the documents filed at Annexure “A” to “E” are true and correct of the original retained by the complainant which may be read in evidence.

4. In order to whatever stated above is true and correct to the best of my knowledge. No part of it is false and nothing material has been concealed therefrom.

Verified at _____ on this ____ day of _____

Deponent