A consumer complaint can be filed as per manner described under Section 12 of Consumer Protection Act 1986. Extracts of Section 12 is as given below:
12. Manner in which complaint shall be made.-
(1) A complaint in relation to any goods sold or delivered or agreed to be sold
or delivered or any service provided or agreed to be provided may be filed with
a District Forum by-
(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
(b) any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not;
(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or
(d) the Central or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.
(2) Every complaint filed under sub-section (1) shall be accompanied with such amount of fee and payable in such manner as may be prescribed.
(3) On receipt of a complaint made under sub-section (1), the District Forum may, by order, allow the complaint to be proceeded with or rejected: Provided that a complaint shall not be rejected under this sub-section unless an opportunity of being heard has been given to the complainant: Provided further that the admissibility of the complaint shall ordinarily be decided within twenty-one days from the date on which the complaint was received.
(4) Where a complaint is allowed to be proceeded with under sub-section (3), the District Forum may proceed with the complaint in the manner provided under this Act: Provided that where a complaint has been admitted by the District Forum, it shall not be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force.
Explanation.-For the purposes of this section, "recognised consumer association" means any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.
Sample format of Consumer Complaint under Section 12 of Consumer Protection Act, 1986 is given below:
BEFORE THE HON'BLE CONSUMER DISPUTES
REDRESSAL FORUM, NEW DELHI
COMPLAINT NO._____of 20__
IN THE MATTER OF:
______________________ PVT LTD
COMPLAINANT
Through its Director Mr__________
VERSUS
MR. ____________& ANR
OPPOSITE PARTIES
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT,1986 ON BEHALF OF
M/S. ______________ PVT LTD
MOST RESPECTFULLY SHEWETH:
1. The Complainant is a private Limited Company registered in Delhi in the name
of _____________ Pvt Ltd and the registered office is at __________.
2. That the Complainant is engaged in the business of Sales and Service of
Computers in the name of __________ Pvt Ltd, Address: ____________.
That the Complainants for the purpose of jurisdiction is having office within
the jurisdiction of this Hon'ble Forum, at the above address, since incorporate
and such this Hon'ble Forum is competent to adjudicate the present Complaint.
3. The Opposite Party No.1 is the Proprietor of ___________ engaged in
selling of Computers and Computer Components in New Delhi India.
4. That the OP No.1 is having a good presence in Computer Market in India. The
OP No.1 has office at _________________Nehru Place, New Delhi-110 019. That OP
No.1 is controlled and managed by the Mr. _______, Proprietor of _____________
from decision making, planning to execution of all tasks.
5. That Opposite Party No.2 i.e. the Employee of O P No.1 is the person
responsible for execution of all the functions related to sale and service of
company. That address of OP No.2 is ________ Nehru Place, New Delhi-110 019.
6. That the Opposite Party had claimed as pioneers in selling computer products
and offered to sell computer components to the Complainant.
7. That the Complainant had Purchased a new Computer System Intel Core I-3
Processor, Intel Chipset Asus Motherboard, 2 GB RAM, ATX Cabinet, 1 TB Hard
Disk, 16" LED,DVD R/W, Logitech Keyboard and Mouse, Beetel UPS for Rs.
_________/- vide delivery challan cum Bill form No. ___ dated _______. Copy of
the Bill issued by OP No. 1 against payments made by Complainants is marked as
ANNEXURE -A.
8. That the Computer System started giving trouble on the very first day. When
the Engineer of the complainant inspected the computer system, it was noticed
that the Opposite Party sold old non working processor by convincing it as new
CPU (Processor) i.e. Intel Core I-3 Processor and charged Rs. ___________/-.
9. That the complainant had approached Mr. __________, Employee of the OP 1
to get replaced the CPU (Processor) i.e. Intel Core I-3 Processor. Mr._________,
Employee of OP1 had mis behaved with the complainant's staff in a threatening
way and told that the processor has physical damage and cannot be replaced.
10. That the complainant informed Mr. __________ that they have purchased a new
processor and not used it even for a day and it is impossible to have physical
damage on an un used CPU processor. After long argument with the complainant Mr.
_________, employee of OP NO.1 agreed to replace the CPU (Processor) i.e. Intel
Core I-3 Processor with a new one and collected the CPU (Processor) i.e. Intel
Core I-3 Processor for replacement. They have also issue a receipt No. _______
dated __________ and forcibly wrote as Intel CPU Dual Core instead of CPU
(Processor) i.e. Intel Core I-3 Processor ANNEXURE -B
11. That the complainant received the replacement challan in good faith and
waited for 1 week to get the CPU (Processor) i.e. Intel Core I-3 Processor
replaced. But when the complaint visited the office of OP NO.1 to collect the
replaced CPU (Processor) i.e. Intel Core I-3 Processor on _____ Mr. ________
employee of OP NO.1 shouted on the complainants and told that the processor will
not be replaced and challenged the take any action.
12. That complaint has spent many working hours and money to get the CPU
(Processor) i.e. Intel Core I-3 Processor replaced.
13. That the OP NO.1 did not respond to the request of the complaint and always
behaved in a very rude manner. The complainant realized that OP NO.1 and OP-2
have cheated the complainant and committed breach of trust and fraud by selling
non working old CPU Processor in instead New of CPU (Processor) i.e. Intel Core
I3 Processor.
14. That since the opposite party failed to replace the non working old CPU
Processor in with New of CPU (Processor) i.e. Intel Core I3 Processor the
complainant had served a legal notice dated _________ through their advocates
M/S _________, Advocates, vide Speed post Receipt Nos. _____ dated ____. Since
the Opposite parties did not respond to the legal notice dated _____ the
complainant had send other legal notices on _________ and ____ ANNEXURE -C(COLLY).
That the opposite party has not responded to the legal notices and did not
replace the non working old CPU Processor with New CPU (Processor) i.e. Intel
Core I-3 Processor
15. That the facts of the case clearly show that the opposite party had
dishonest intention to cheat and defraud the complainant. Due to this the
complainants have gone through mental harassment for many years and caused
monitory loss also to the complainants.
16. The issues involved in the Complaint can be summed up as under:
b) direct the Opposite Parties to pay to the Complainant Rs._________/- for deficiency in services;
c) direct the Opposite Parties to pay to the Complainant Rs.________/- for mental agony/harassment;
d) direct the Opposite Parties to pay to the Complainant Rs._____/- towards the cost of legal expenses; and
e) pass any other order/orders which this Hon'ble Forum may deem fit in the facts and circumstances of the case.
COMPLAINANT
_________________ PVT LTD
THROUGH
________________
Advocate for the Complainant
New Delhi
Date :
OTHER DOCUMENTS TO FILE CONSUMER COMPLAINT
The Following documents should be annexed with the Petition.
1. Memo of Parties
2. Affidavit by Complainant
3. Supporting bills, challan and other Annexure
4. Vakalatnama
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