PETITION COMPLAINT
BEFORE THE HON’BLE PUNE DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM, AT PUNE
CONSUMER DISPUTE CASE NO. ........./2020
A PETITION UNDER SECTION -11 OF CONSUMER
PROTECTION ACT
AND
IN THE MATTER OF :
Mr.X
Somwar Peth, Pune. ...... Complainant
VS.
1.Proprietor,
M/sY&Co.
NIBM, Kondhwa khurd.
2.ManagingDirector,
M/sZLtd.,
NIBM, Kondhwa khurd. ..... Opposite Parties
To
Hon'blePresidentand MembersofDistrictForum
Pune District.
The complainant respectfully submits to the Honourable Court as under:
This complaint petition is being filed on behalf of Mr. X, Somwar Peth referred
hereafter as Complainant, and is as follows :
1. That this complaint Petition is being filed under Sec.
2 (1)(b)(i) of the Consumer Protection Act.
3. That the opposite party No. 1 is a Proprietor of M/s Y Ltd is engaged in the
business of selling Consumer durables like refrigerator, TV, Mixer Grinder, etc. to
the public for a consideration, apart from other activities.
4. That the Opposite Party No. 2is a Managing Director and is the manufacturer of
'A' brand mixer grinders and other electrical household gadgets and that the mixer
grinders of O.P. No. 2 are sold in retail by O.P. No. 123
1. That on 26th December 2019 , the complainant purchased one 'A' brand Mixer
Grinder, Sl. No....... manufactured by O.P. No. 2 from the show room of O.P. No.
1, vide Cash memo No...(Cash memo /Cash receipt No.), a photocopy of the said
document is furnished at Annexure - I.
2. That the mixer grinder abruptly stopped functioning on 8th January 2020 in
Afternoon.
And the matter was immediately reported to O.P. No. 1. As per his advice the
defective mixer grinder was handed over in their Service Centre, on 9th January
2020. A photocopy of the Service Centre receipt is furnished at Annexure - II.
3. That the mixer grinder was returned back after rectification on 24th January
2020.
4. That the mixer grinder was put to use on 25th January 2020. After running hardly
for 5 minutes, the mixer grinder once again totally failed.
5. That the Complainant immediately reported the matter to O.P. No. 1 and also
complained to O.P. No. 2. Copy of the letter is furnished at Annexure - III. (Furnish
important relevant documents.)
6. That as per the advice of O.P. No. 1 the defective Mixer Grinder was once again
handed over to their Service Centre on 30th January 2020. There was inordinate
delay in rectifying the defect by O.P. No. 1. In April 1999 O.P. No. 2 advised O.P.
No. 1 to replace the Mixer Grinder, Copy of the said letter is furnished at Annexure
- IV.
7. That the O.P. No. 1 did not bother to honour the directive of O.P. No. 2 and till
date the Complainant is suffering due to non-availability of the Mixer Grinder.
8. That the O.P.s had supplied defective good and they have to make good the
losses suffered by the complainant.
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 Parties to :
(a) refund the cost of the Mixer Grinder, Rs. 13,000 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.
For which act of kindness, the complainant shall, as is duty bound, ever pray.
Signature
(X)
Complainant
