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Model-Form Of Complaint SAMPLE OF COMPLAINT, AFFIDAVIT IN SUPPORT OF COMPLAINT AND REPL TO T!E COMPLAINT A sample of complaint is give below.

However, you can file a complaint in any other way as long as you write the specific information required to file in a complaint. "EFORE T!E !ON#"LE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT$$$$$%% OR "EFORE T!E !ON#"LE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT$$$$$$% OR "EFORE T!E !ON#"LE NATONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT NE& DEL!I IN RE' CONPLAINT NO$$OF ()$$% IN THE ATTE! "#$ %#ull Name& %'escription& %(omplete Address& )))))(omplainant *+s.* %#ull Name& %'escription& %(omplete Address& )))))."pposite party,parties Complaint *nder Se+tion ,(-Se+tion ,.-Se+tion (, of t/e +on0*mer prote+tion A+t, ,123' !espectfully showeth$ -. Introd*+tion' In this opening paragraph, you should give your introduction as well as that of the opposite parties. .. Tran0a+tion' In this paragraph, you should describe the transaction i.e. particulars and details goods,services availed$ items of goods,/ind and nature of service$ date of purchase of goods,availing of service$ amount paid as price, consideration, full of in part towards the goods,services$ photocopies of the ,cash memo,vouchers or receipt should be attached and properly mar/ed as Anne0ure A, 1, ( AN', or -, ., 2 and so forth.

-. Defe+t-Defi+ien+4' In this paragraph, you should e0plain the grievance ie. whether the loss or damage has been caused by some unfair trade practice or restrictive trade practice adopted by any trader or there is some defect in the goods or there has been deficiency in service or e0cessive pricing for the goods . "ne should bring out the nature of unfair trade practice adopted by the trader, i.e. relating to the quality of goods,services$ sponsorship$ warranty or guarantee for such period promised. The nature and e0tent of

defects in goods should be e0plained and so should specify the details of actual price fi0ed by or under nay law in force at that point of time or as set out on goods and their pac/ing vis*3*vis the price charged by the trader. The complaint can also be filed against offer for sale of goods ha4ardous to life and safety when used. 5ou should narrate your grievance and rest assured, it is being read,header by compassionate and pragmatic 6udges. The photocopies of the relevant documents must be attached. .. Re+tifi+ation' In this paragraph, you should highlight what attempts you have made to set the things right i.e. personal visits or negotiations$ communication in writing if any$ whether any legal notice was served and,or whether you have approached any other agency for redressed li/e !T7 (ommission. (ivil or (riminal (ourt of competent 6urisdiction$ the stages of its proceedings, its outcome, of any, along with copies %preferably certified& of such proceeding. The nature of response you got from the trader when irregularities were brought to his notice should also be disclosed here. 2. E5iden+e' In the paragraph, you should give details of documents and, or witnesses you will rely upon to substantiate your case. The documents attached as anne0ure as stated above may be incorporated in a proper list and a list of witnesses %if any& may be filed. Each of the anne0ure should be attested as 8true copy9. :. Ot/er pro5i0ion' In the paragraph, you us ma/e reference to any other law or rule regulation of a particular procedure which are applicable to the case and ,or which the trader has violated and consumer9s rights under the same . there are incidental statutory obligations which the traders have to fulfill and in case of nay failure to do so, the case in prime facie is made out and the forum ta/es cogni4ance. ;. 6*ri0di+tion' In this paragraph , you should liquidate the claim in the complaint i.e. from !s. .<,<<,<<<,* to !s, -,<<,<<,<<<,* or above and set out the pecuniary 6urisdiction of the #orum,state (ommission,National (ommission, as the case may be. The territorial 6urisdiction should be highlighted to obviate any formal ob6ection. =. Limitation' 5ou must mention the present complaint is being filed within the period prescribed under >ection .:A of the Act.

-. Relief +laimed' In this paragraph, you should describe the nature of relief you want to claim I. for removal of defects in goods or deficiency in services? replacement with new goods? return of the price or charges, etc. paid and ,or compensation on account of financial loss or in6ury detrimental to your interest occasioned by negligence of the opposite party and e0plain how you have calculated the amount f the compensation claimed.

.. Pra4er +la*0e' It is therefore, most respectfully prayed that this Hon9ble #orum,(ommission may /indly be pleased to))))) %'etails of relief9s which you want court to grant& 7lace ))))))). 'ate)))))))) (omplainant Through %Advocate or (onsumer Association, etc.& Verifi+ation I, )))))))).., the complainant above named , do hereby solemnly verify that the contents of my above complaint are true and correct to my /nowledge . No part of it is false and nothing material has been concealed therein. +erified this on)))) day of )))...<)))))at)))).. (omplainant Note' Although it is not compulsory, you may file an affidavit in support of the complaint, which adds to the truth and veracity of allegations and gives credibility to the cause. 5ou need not do it on a stamp paper but should get it attested from an "ath (ommissioner appointed by a High (ourt . The format is simple.

AFFIDAVIT IN SUPPORT OF T!E COMPLAINT "EFORE T!E !ON#"LE$$$$$$$$$$% IN RE' COMPLAINT NO$$$$$OF ()$$ IN T!E MATTER OF '$$$$$$$$$$$COMPLAINANT * +s.* $$$$$$$$$$$$$$$$$$$$$$$$%OPPOSITE PART DATE OF !EARIN7$$$$$$$$$$ &RITTEN STATEMENT ON "E!ALF OF RESPONDENTS TO T!E COMPLAINT OF T!E COMPLAINANT !espectfully showeth$ 7reliminary "b6ections$ -. That the present complaint is wholly misconceived, groundless and unsustainable in law and is liable to be dismissed as such. The transaction in question was without any consideration and free of charge. .. That this Hon9ble (ourt has no 6urisdiction to entertain and ad6udicate upon the dispute involved in the complaint in as much as it is not a consumer dispute and does not fall within the ambit of the (onsumer 7rotection Act, -@A=, hereinafter called the said Act

and is e0clusively tribal by a (ivil (ourt and as such the complaint is liable to be dismissed summarily on this score alone. 2. That the dispute raised by the complainant in the present complaint is manifestly outside the purview 8"f the said Act and in any event, the Act is in addition to and not in derogation of the provisions of the Act. The proceedings initiated by the complainant under the Act are non est, null and void and without 6urisdiction. :. That the definitions of 8(omplainant9, 8(omplaint9 8(onsumer 'ispute9 And 8>ervice9, as defined in section .%-& of the said Act do not cover the aforesaid definitions, the complainant is not 8consumer9 and the controversy involved in the complaint is not a 8consumer dispute9. ;. That the present= complaint is baseless and flagrant abuse of process of law to harass and blac/mail the answering respondent. =. That the complainant has no locus standi to initiate the present proceedings. B. That the complaint is bad for non*6oiner of necessary and proper party and is liable to be dismissed on this score alone. =. That the complainant has already filed a civil suit for in a court of competent 6urisdiction which is pending disposal in the (ourt of and the present complaint has become anfractuous. B. That the present complaint is hopelessly barred by limitation. A. That this Hon9ble #orum,(ommission has no territorial or pecuniary 6urisdiction in as much as the amount involved in the sub6ect matter e0ceeds or is less than the limit prescribed by section --%-&, >ection -B%-&%a&%i&, section .- %a&%i&of the Act. @. That the present complaint is frivolous and ve0atious and liable to be dismissed under section .= of the Act. -<. That the present complaint has not been verified in accordance with law.

"n erits In these paragraphs, the respondent must reply to each and every allegation made and contention raised by the complainant, factual and legal as well. "ne may have, inter alia, following good defenses as well$ a. That the Traction entered between the parties to the above dispute is a commercial one and the complainant cannot claim any relief from this authority in as much as)))))))))). %give details& b. That the (omplainant had purchased the goods as a seller, retailer, distributor, etc., for consideration of resale and as such is barred from moving this Hon9ble for the alleged defect, deficiency, etc., in as much as))))))). c. That the complainant has already availed the warranty period during which the answering respondent has repaired , replaced the goods in question. The (omplainant is thus legally stopped from enforcing this complaint or to ta/e benefit of his own wrong. d. That the present complaint is an e0aggeration beyond proportion despite the fact that the

complainant himself is responsible for the delay and has on several occasions changed his option for class of goods,type of allotment scheme of flats,model of vehicle, etc. %give details& e. That the answering respondent is well within his rights to charge e0tra price for the sub6ect* matter of the above dispute in as much as time was not the essence of delivery thereof. The complainant is liable to pay the increased price on account of escalation due to e0cise duty , budgetary provisions, etc., in as much as)))). %give details& f. That the complainant has accepted the goods and , or service towards repair, replacement, ect, without protest and the present complaint is merely an after thought. g. That without pre6udice the answering respondent as a gesture of goodwill is prepared to %give details of rectification, if any, which can be done in case of minor or tolerable problems to avoid harassment to consumer and litigation problems&. The allegations of defect , default , negligence and , deficiency in service are wholly misconceived, groundless, false, untenable in law besides being e0traneous and irrelevant having regard to the facts and circumstances of the matter under reference. 7rayer clause with all the submission made therein is absolutely wrong and is emphatically denied. (omplainant is not entitled to any relief whatsoever and is not maintainable and is beyond the 6urisdiction of this Hon9ble (ourt and is liable to be dismissed summarily on this score alone and more fully set out in the preliminary ob6ections. It is prayed that the complaint may /indly be dismissed with costs. "pposite 7arty 7lace)))). 'ate.)))). Through %Advocate& Verifi+ation I......).the above named respondent do herby verify that the contents of paragraphs)))) to)))..of the written statement on merits are true and correct to my /nowledge. Chile paras))).. to)))of preliminary ob6ections and to of reply on merits are true to my information, belief and legal advice received by me and believed to be true while the last 7ara is prayer to this Hon9ble (ourt. +erified at this))))..day of .<))).

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