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Consumer Complaint under Section 12 of Consumer Protection Act 1986, with District Consumer Disputes Redressal Forum, in case of exorbitant charge by Credit Card Bank and harassment by Recovery Agents. Format Download.

Format of Consumer Complaint Under Section 12 of Consumer Protection Act to be filed with District forum against Credit Card company for cheating and harassing the customer through recovery agents.

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 is given below:

 

 

BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL FORUM, NEW DELHI
COMPLAINT NO. _____of 20__

IN THE MATTER OF:

__________ COMPLAINANT
 

VERSUS
__________ OPPOSITE PARTIES

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT,1986 ON BEHALF OF ______

MOST RESPECTFULLY SHEWETH :

1. The Complainant is a citizen of India and is residing in Delhi at ______________ .

2. That the Complainant is working as a ________________________. That the Complainant for the purpose of jurisdiction is residing within the jurisdiction of this Hon'ble Forum, with his family at the above address, since last __ years and such this Hon'ble Forum is competent to adjudicate the present Complaint.

3. The Opposite Party No.1  is Multinational Private Bank, dealing in the business of banking and finance and for the said purpose having offices at many countries around the globe including India. That the OP No.1 has significant international presence and is one of the popular brand amongst leading Multi National Banks functioning abroad and in India .

4. That the OP No.1 is having a good presence in India, with it's branches spreading over major cities and towns of India. The OP No.1 has several branches in New Delhi and head office at _____________, New Delhi -110 0__. That OP No.1 is controlled and managed by the Chairman / Managing Director from decision making, planning to execution of all tasks.

5. That Opposite Party No.2  i.e. the Manager of O P No.2 i.e. is the person responsible for execution of all the functions related to Banking and Finance. That address of the OP No.2 is same as OP No.1.

6. That Opposite Party No.3 is the Credit Card division of the OP No.1 and deals with all the activities related to Credit Card Marketing, Credit Card Sales/ Allotment and Recovery of the Credit Card usage charges. There are different Credit card services provided by the OP No.2 including '_______ Credit Card' which is the subject matter of the present Complaint. That address of the OP No.3 is same as OP No.1 and 2.

7. That the Complainant had taken __________ Credit Card Services of the Opposite Parties in the month of _______ (which was to expire in ______) and were regularly paying for the said services as and when the bills were raised. A copy of the Credit Card of the Complainant is annexed hereto and marked as ANNEXURE -A.

8. That in the month of January 20__ the Complainant received a telephonic call from the customer care executive of the Opposite Party informing him on the new scheme in the name of '_____________ Voucher' available at the cost of Rs.___. The Customer care executive also informed that in case the Complainant agrees to the same than documents containing the offer of the aforesaid scheme will be sent to him. The Complainant out rightly rejected the said scheme and in clear words told the Customer Care Executive of the Opposite Parties to not to send any documents pertaining to the said scheme, to which the Complainant was assured by the Customer Care Executive of the Opposite Parties that they will adhere to his decision and will not send him any document pertaining to the said scheme. That inspite of the rejection of the said scheme by the Complainant, surprisingly, the Opposite Parties chose to send an advance bill in the sum of Rs.____/- towards the scheme which was not even extended to the Complainant.

9. That being aggrieved by the aforesaid arbitrary action of the Opposite Parties the Complainant telephoned the Customer Care Executive of the Opposite Parties and told him to not to harass him by sending fake bills of non existent services pertaining to the scheme of said '___________ Services' which he has never opted for and which services was never provided to him or utilized by him in any manner.

10. That despite of the aforesaid telephonic assurance by the employees of the Opposite Parties and refusal of the Complainant to entertain/accept the documents pertaining to the aforesaid scheme, yet unnerved by their own claims, the Opposite Parties chose to send the same at the Complainant's address, which was received by the Complainant in the month of ______. The fact remains that the Complainant not being interested in the said '_____________ Scheme' and as the documents pertaining to the said scheme being useless to him, simply dumped them in the waste basket. It must be noted here that the Complainant did not accepted the offer in any manner i.e. no documents were signed and sent to the Opposite Parties, in fact the Complainant has never consented to any such scheme in any manner.

11. However, the harassment of the Complainant in the hands of the Opposite Parties did not stop here but was to escalate further in the future. The Complainant was not aware that the Complainant was hell bent to give shape to it's premeditated evil designs to extort money from the helpless customers. The Complainant did not believe his eyes when he started receiving demand calls from the agents and the officers of the Opposite Parties to pay the usage charges in the sum of Rs.___ towards the alleged use of the '_________ voucher services, and finally when a Bill in the sum of Rs.______ of the usage of the alleged services was delivered at the doorstep of the Complainant, he thought it necessary to tackle this harassment issue with the Opposite Parties.

12. It must be noted that vide email dated _______ the Complainant has sought clarification from the Opposite Parties, when he received a bill in the sum of Rs. ______ towards alleged usage of the '________ Voucher Offer. The Complainant had clearly stated to the Opposite Parties that he had not opted for the billed services, hence the bill may be recalled. That vide Reply dated _______ the Opposite Parties had replied that they will only reverse/waive of the reminder amount of Rs._______, only if the Complainant send back the blank documents related to the said Voucher services, which were couriered to him.

Copies of the emails dated ______ and ________ exchanged between the Complainant and Opposite Parties are annexed hereto and marked as ANNEXURE -B (COLLY).

13. That in ______ again the Opposite Parties sent a bill in the sum of Rs.____ + service charges to the Complainant for the alleged usage of the said voucher services.

The Complainant vide his email dated _________ strongly objected to the same by clearly stating that the said amount was added without his permission towards the alleged usage of services, which he never opted nor was availed to him by the Opposite Parties. The Complainant vide the said email has in fact requested the Opposite Parties to stop harassing him and to take back the illegal demands raised against him. But however

Copies of the aforesaid emails exchanged between the Complainant and Opposite Parties are annexed hereto and marked as ANNEXURE -C (COLLY).

14. That negative conduct of the Opposite Parties is evident from aforesaid emails exchanged between the Complainant and the Opposite Parties which shows how low Opposite parties can undergo to extort money from the helpless customers in the garb of service providers, wherein in reality such money hungry companies i.e. the Opposites Parties herein are only concerned with looting/duping helpless customers, at the cost of any illegality committed by them, by unnecessarily harassing the customers in one manner or another, in the name of bogus schemes, which otherwise are never consented by the customers an /or are never provided to them. Such examples of duping customers is a common phenomenon and is a everyday reality, and in many such cases the Companies like the Opposite Parties herein succeeds in their dark mission of extorting millions of rupees from the customers, who otherwise are defenseless and easy prey to such companies.

15. The present case is a fine example of whim and fancy of the Opposite Parties that how they are cheating Indian citizens with Crores of Rupees everyday. That in case of the Complainant herein the Opposite Parties has gone a step ahead and even now has increased the bill amount to Rs._________ + services charges for the unutilized services of the said Voucher services of the Opposite Parties.

16. That not only this the Agents of the Opposite Parties often make threatening calls to the Complainant and demand recovery of the alleged usage charges of the services '_______________ Scheme' which in fact was never made available to the Complainant. The agents of the Opposite Parties not only behave recklessly but are also abusive, whenever they call up the Complainant on the phone, the manner of which can not be described in the words.

17. The fact remains that now the agents of the Opposite Parties have also started visiting the premises of the Complainant with a malafide intention to extort money from him and his family in the garb of alleged pending payment of for the alleged usage of the said voucher services, which in fact was never availed to the Complainant in any manner. These agents are mostly threatening, uses filthy language. That the purpose of such personal visits by the agents of the Opposite Parties is to put constant fear in the mind of the Complainant and his family to subjugate them to unjust demands of the Opposite Parties. That the acts of the Opposite Parties to send Recovery agents at the residence of the Complainant is not only illegal but also amounts to contempt of Court in view of the recent Judgment of the 'Hon'ble Supreme Court of India' in this context.

That being fed up with the constant harassment by the authorized agents of the Opposite Parties, the Complainant has no other remedy but to approach this Hon'ble forum to meet ends of justice through the pious hands of this Hon'ble forum.

18. That in the facts and circumstances mentioned herein above the Complainant has no other officious remedy but to knock on the doors of this Hon'ble Forum for justice.

19. That the Opposite Parties are not only guilty of deficiency in services by not doing needful in due course of their services towards their helpless Customers/ Consumers but also for mental torture and harassment to the Complainant by unnecessarily demanding payments for the alleged dues for which no services has ever taken place. The Opposite Parties are also guilty of maligning the reputation of the Complainant.

Hence the Opposite Parties are liable to pay to the Complainant Rs._____ towards deficiency in services, Rs.________ for causing mental torture and harassment to the Complainant, Rs._____ towards damages for maligning the reputation of the Complainant and Rs.______ towards legal cost.

P R A Y E R

In the facts and circumstances of the case mentioned herein above, it is most humbly prayed that this Hon'ble Forum may be pleased to:

a) restrain the Opposite Parties from making any demand for payment from the Complainant for the alleged usages of the fraudulent 'Supreme Voucher services' promoted by the Opposite parties;

b) restrain the Opposite Parties from threatening the Complainant in any manner;

c) restrain the Opposite Parties qua it's authorized agents from visiting the premises of the Complainant.

d) direct the Opposite Parties to pay to the Complainant Rs._____ for deficiency in services;

e) direct the Opposite Parties to pay to the Complainant Rs.________ for mental agony/harassment;

f) direct the Opposite Parties to pay to the Complainant Rs._______ towards damages for maligning the reputation of the Complainant;

g) direct the Opposite Parties to pay to the Complainant Rs._______ towards the cost of legal expenses; and

h) pass any other order/orders which this Hon'ble Forum may deem fit in the facts and circumstances of the case.

COMPLAINANT

THROUGH

__________ ADVOCATE

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 Annexure

4. Vakalatnama

 

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