Sunday, March 25, 2012

Sample complaint Petition for deficient service

SAMPLE COMPLAINT PETITION
For deficient service 
CASE : Mr. X invests a sum of money with M/s Y & Co., a NBFC (Non Banking Finance Company), operating in the same town, in December 1998.  The deposit matures in December 1999, but the Company fails to honour its commitment.  It does not pay the dues.   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. 
Chairman & Managing Director
M/s Y & Co. 
<Address of Y & Co.>                              ..... Opposite Party
To 
Hon'ble President and 
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. 
2.0  That the opposite party is a NBFC, engaged in the business of accepting deposits from the public, apart from other activities. (Description about the O.P.)

(Narration of the incident)
3.1  That on 26th December 1998 (date of deposit), the complainant deposited a sum of Rs.............(amount deposited) with the O.P., for a period of 1 year, vide Fixed Deposit receipt  No........,  a photocopy of the said document is furnished at Annexure - I.  3.2  That the F.D. matured on 25th December 1999 and the Complainant approached the office of the O.P., on 26th December 1999, for encashing the FD.  But the staff of the Company, on some some pretext or the other delayed making the payment (Nature of problem encountered).  Hence the Complainant wrote to the O.P., requesting his immediate intervention.  A photocopy of the said letter  is furnished at Annexure - II.    But the Complainant has not been paid his dues till date.
3.3   That the non-payment of the maturity value of FD, by the O.P., on the scheduled date, amounts to deficiency in service as defined under sec. 2(1)(g) of the Consumer Protection Act.
4.0  That the O.P. has inflicted enormous amount of mental agony and financial loss on the Complainant and his family.
                                            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 Party to : 
(a) pay the maturity value of the fixed deposit, 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. 
                                                                                  Signature
                                                                                    (X) (Name) 
                                                                                 Complainant 

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