Consumer Complaint Format under Section 35 Consumer Protection Act 2019

Replace everything in [square brackets] with your own details. Delete lines that do not apply.

BEFORE THE [DISTRICT / STATE] CONSUMER DISPUTES REDRESSAL COMMISSION, [DISTRICT / STATE], AT [PLACE]

Consumer Complaint No. ______ of [YEAR]

IN THE MATTER OF:

[FULL NAME OF COMPLAINANT]
S/o / D/o / W/o [NAME]
Aged about [AGE] years
Occupation: [OCCUPATION]
R/o [FULL ADDRESS WITH PIN]
Mobile: [MOBILE NUMBER] | Email: [EMAIL]
... Complainant

Versus

1. [NAME OF SELLER / SERVICE PROVIDER / COMPANY]
Through its [MANAGING DIRECTOR / AUTHORISED SIGNATORY]
[REGISTERED OFFICE ADDRESS WITH PIN]
[Email: [EMAIL]]

2. [NAME OF MANUFACTURER / DEALER / BRANCH OFFICE, IF ANY]
[ADDRESS WITH PIN]
... Opposite Parties

COMPLAINT UNDER SECTION [35 / 47(1)(a)(i)] OF THE CONSUMER PROTECTION ACT, 2019

MOST RESPECTFULLY SHOWETH:

1. That the Complainant is a consumer within the meaning of Section 2(7) of the Consumer Protection Act, 2019, having [BOUGHT THE GOODS / HIRED OR AVAILED THE SERVICES] described below for consideration and for personal use, and not for any commercial purpose [OR: for earning a livelihood by self-employment].

2. That Opposite Party No. 1 is [DESCRIBE, e.g. a company engaged in selling electronic goods / a builder / an insurer / an airline / a hospital]. Opposite Party No. 2 is [DESCRIBE].

3. That on [DATE], the Complainant [PURCHASED [PRODUCT, MODEL, SERIAL NUMBER] / BOOKED [SERVICE]] from Opposite Party No. [1 / 2] vide [INVOICE / ORDER / POLICY / BOOKING] No. [NUMBER], and paid Rs. [AMOUNT] by [MODE OF PAYMENT, TRANSACTION REFERENCE]. A copy of the [INVOICE / RECEIPT] is annexed as Annexure C-1.

4. That the Opposite Parties had [PROMISED / REPRESENTED / WARRANTED] that [WHAT WAS PROMISED, e.g. delivery by a date / warranty of two years / cashless claim settlement / possession by a date].

5. That [DESCRIBE WHAT WENT WRONG, IN DATE ORDER: e.g. on [DATE] the product stopped working; it was taken to the service centre on [DATE] vide job sheet No. [NUMBER]; the defect recurred on [DATE]; the Opposite Parties refused replacement on [DATE]].

6. That the Complainant contacted the Opposite Parties repeatedly on [DATES] by [PHONE / EMAIL / CUSTOMER CARE TICKET NOS. [NUMBERS]], and served a legal notice dated [DATE] (Annexure C-[NUMBER]). The Opposite Parties [DID NOT REPLY / REPLIED ON [DATE] REFUSING THE CLAIM ON THE GROUND THAT [GROUND]].

7. That the above acts amount to [A DEFECT IN THE GOODS UNDER SECTION 2(10) / DEFICIENCY IN SERVICE UNDER SECTION 2(11) / AN UNFAIR TRADE PRACTICE UNDER SECTION 2(47) / A RESTRICTIVE TRADE PRACTICE] of the Act, because [ONE OR TWO LINES EXPLAINING WHY].

8. That because of the acts of the Opposite Parties, the Complainant has suffered [FINANCIAL LOSS OF RS. [AMOUNT] / INCONVENIENCE / MENTAL AGONY AND HARASSMENT / LOSS OF TIME], as detailed below: [BREAK-UP OF LOSS].

9. Cause of action: The cause of action arose on [DATE OF PURCHASE OR SERVICE], on [DATE OF DEFECT OR DEFICIENCY], and on [DATE OF REFUSAL OR LAST COMMUNICATION], and is continuing.

10. Limitation: This complaint is filed within two years from the date on which the cause of action arose, as required by Section 69(1) of the Act. [OR: There is a delay of [NUMBER] days, and a separate application for condonation of delay under Section 69(2) is filed.]

11. Territorial jurisdiction: This Commission has territorial jurisdiction under Section [34(2) / 47(4)] of the Act because [THE COMPLAINANT RESIDES / PERSONALLY WORKS FOR GAIN / THE OPPOSITE PARTY CARRIES ON BUSINESS OR HAS A BRANCH OFFICE / THE CAUSE OF ACTION AROSE] at [PLACE], within its limits.

12. Pecuniary jurisdiction: The value of the goods or services paid as consideration is Rs. [AMOUNT], which is within the pecuniary jurisdiction of this Commission.

13. That the Complainant has not filed any other complaint, suit or proceeding on the same facts before any other court, commission or forum.

14. That the prescribed fee of Rs. [AMOUNT / NIL] has been paid vide [MODE AND REFERENCE].

PRAYER

It is therefore most respectfully prayed that this Hon'ble Commission may be pleased to direct the Opposite Parties, jointly and severally, to:

(a) [REPLACE THE DEFECTIVE PRODUCT WITH A NEW ONE OF THE SAME DESCRIPTION / REMOVE THE DEFECT / REFUND Rs. [AMOUNT] PAID BY THE COMPLAINANT], with interest at [RATE] per cent per annum from [DATE] till payment;

(b) pay Rs. [AMOUNT] as compensation for the loss, mental agony and harassment caused to the Complainant;

(c) [DISCONTINUE THE UNFAIR TRADE PRACTICE / ISSUE CORRECTIVE ADVERTISEMENT / OTHER SPECIFIC DIRECTION];

(d) pay Rs. [AMOUNT] as costs of this complaint; and

(e) pass any other order that this Hon'ble Commission considers just and proper.

[SIGNATURE]
Complainant
[NAME]

[Through Counsel: [ADVOCATE'S NAME], Enrolment No. [NUMBER] — optional]

Place: [PLACE]
Date: [DATE]

VERIFICATION

I, [NAME OF COMPLAINANT], the Complainant above named, verify at [PLACE] on [DATE] that the contents of paragraphs 1 to 14 of this complaint are true and correct to my knowledge, that no part of it is false, and that nothing material has been concealed.

[SIGNATURE]
Complainant

LIST OF DOCUMENTS
Annexure C-1: Invoice / receipt dated [DATE]
Annexure C-2: Warranty card / brochure / policy / agreement
Annexure C-3: Job sheets, emails and complaint tickets
Annexure C-4: Legal notice dated [DATE], postal receipt and reply, if any
Annexure C-5: [PHOTOGRAPHS / EXPERT REPORT / OTHER EVIDENCE]