Jago Grahak Jago: Sample Format

Monday, March 26, 2012

Before the District Consumer Disputes Redressal Forum

Before the District Consumer Disputes Redressal Forum at

_________________________

1. [complainant name], [complainant address].

…Complainant

Versus

2. . [company name], [company registered office address]

[add more party if the company has branch office in your city]

…Opposite Party

Complaint under Section 12 of the Consumer Protection Act, 1986

RESPECTFULLY SHOWETH:

1. That the Complainant is a resident of [Complainant’s Address] and had [describe the issue].

That the facts of the present case, in brief, are as follows.

2. ___________________________________________________________________ [Briefly describe facts of the complaint in point numbers 2, 3, 4, 5 and 6].

3. That the __________________________________________________________.

4. That _____________________________________________________________.

5. That _____________________________________________________________.

6. That the complainant is unhappy with the service meted out to him and he stands on very firm legal ground in claiming __________________________. This apathetic and apparently deceitful attitude of the opposite party reflects its indifference to the complainant’s plight. [Add a case law if available].

7. That this Hon’ble Forum has got pecuniary jurisdiction to entertain this Complaint as the compensation claimed does not exceed Rs.____________/-. [In case of district forum enter amount Rs. 20,00,000/-, State Forum enter Rs. 1 crore and in case of National Forum enter more than 1 crore]

8. That this Hon’ble Forum has got the jurisdiction to adjudicate and decide the same as the opposite party have a branch office [or head office] in __________. Hence, the matter falls within the territorial jurisdiction of this forum.

9. That the Opposite Party have inflicted enormous amount of mental agony and financial loss on the Complainant.

10. That the present complaint is within the limitation as prescribed under the Act because the deficient service was provided to the Complainant by the Opposite Party.

11. That the Complainant has not filed any such or similar complaint before Hon’ble Court. No such or similar complaint is pending adjudication before any competent court of law.

It is, therefore, respectfully prayed that this Hon’ble Court may kindly be pleased to:-

i) direct the opposite party to apologize for all the inconvenience caused to the Complainant;

ii) direct the opposite party to make up for the mistake by refunding the full ticket amount to the complainant;

iii) pay a sum of Rs. 50,000/- towards the physical strain and mental agony suffered by the Complainant and his family members; and

iv) direct the opposite party to pay a sum of Rs. 1,000/- towards cost of this petition

For which act of kindness, the Complainant shall, as is duty bound, ever pray.

[Place] Complainant

Dated

Verification:-

Verified that the contents of Para nos. 1 to 11 of the complaint are true and correct to the best of my knowledge. No part of it is false and nothing has been concealed there from.

[Place]

Dated: Complainant

AFFIDAVIT IN SUPPORT OF THE COMPLAINT

Before the District Consumer Disputes Redressal Forum –_________

Complaint No. _______________ of 2011

[complainant name], [complainant address].

…Complainant

Versus

. [company name], [company registered office address]

…Opposite Party

AFFIDAVIT

Affidavit of [Complainant name and address]

I the above named deponent do hereby solemnly affirm and declare as under:-

1. That I am the complainant in the above case, thoroughly conversant with the facts and circumstances of the present case and competent to swear this affidavit.

2. That the facts contained in my accompanying complaint, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge.

[Place]

Dated: Deponent

Verification:-

I, the above named deponent do hereby solemnly verify that the contents of my above affidavit are true and correct to my knowledge. No part of it is false and nothing material has been concealed therein.

Verified this .......day of 20.......at........

[Place]

Date: Deponent

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