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Ashish M (Chartered Accountant)     11 January 2010

consumer complaint.

Hi,

         i am going to file a consumer complaint against sony ericsson under the clause 'defieciency in service'.

 

  Pls tell me a brief procedure as to how should i move on.

i hve already sent notice to the compnay and its time period has over with the company not giving reply to it.!!!!!!

 

thanks !!!!!!!!!1



Learning

 3 Replies

Shree. ( Advocate.)     11 January 2010

Dear Ashish,


The notice may be prepared in the style given below, and sent by registered acknowledgement-due post, courier, fax. The complainant should retain the proof of posting.

 

 

Dated: dd-mm-yyyy

 

To

------------------

--------------------

 

 

 

 

SUB: NOTICE BEFORE FILING CONSUMER COMPLAINT 

 

 

 

Dear Sir, 

 

 

 

1) Give details of your purchased of product or service (cash memo number and date). 

 

 

2) Give information about the warranty or guarantee promised to you at the time of purchase.

 

 

3) Give details of the deficiency in the product or service. 

 

 

 

4) List the problems you are facing due to this deficiency. 

 

 

 

5) Give the details about your efforts to inform about this grievance in the past to which the party has not responded. 

 

 

 

6) Give a time limit of at least 15 to 30 days to settle your grievance by asking for refund of full amount with suitable interest (18%), or replacement of the product along with suitable compensation, else you will file a complaint with the Consumer Court as you are protected under the Consumer Protection Act of 1986. 

 

 

 

7) Inform that the consumer complaint will be at his cost and expenses, and you will seek compensation for the mental agony caused due to his deficiency in services. 

 

 

 

Yours truly, 

 

 

Your signature, name, and address

Consumer complaint format


BEFORE THE HON’BLE NATIONAL / STATE / DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION/FORUM AT ( CITY ).
 
COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.

IN THE MATTER OF : (Name and address of complainant)

                                                                        .................... COMPLAINANT

VERSUS

                                 (Name and address of the accused)

                                                                        .................... OPPOSITE PARTY

INTRODUCTION:

A brief paragraph about the complainant explaining the name, residence address and occupation of the complainant.

A brief paragraph about name, address and occupation of the opposite party.
 
 

RESPECTFULLY SHOWETH:

1. Descripttion of the deal and services promised by the opposite parties for the value paid by the complainant.

2. Descripttion of the advertisements given by the opposite parties which attracted the complainant to purchase the commodity and services.
 

TRANSACTION :

Details of the price of goods and services.

Details of the bill/invoice (bill number and date, item and amount)

Details of payments made by complainant (cheque number/cash, etc.)
 
 

NATURE OF COMPLAINT:

(select from list or write as required)

1. Misleading advertisements and false representation.

2. Cheating by giving false promises.

3. Deficiency in after sales service or not abiding by warranty clause.

4. Harassment by the opposite party.

5. Not delivering the goods and services for which payment is made.

6. Charging excess amount.

7. Any other factors that affected the consumer.
 
 

OTHER EVIDENCES OF SUPPORT OF COMPLAINT:

Copy of advertisement and catalogue that promised the concerned goods and services.

Copy of bill as evidence of purchase.

Other documents such as agreement copies, bounced cheques, opposite parties' letters.

Copy of letters sent to the opposite party to request for rectification of fault and settlement of the grievance.
 
 

JURISDICTION:

(Select one)

As the total amount involved is more than Rupees 1 crore, the complaint is being filed with the Hon'ble National Consumer Disputes Redressal Commission.

OR

As the total amount involved is more than Rupees 20 lakhs and less than 1 crore, the complaint is being filed with the Hon'ble State Consumer Disputes Redressal Commission.

OR

As the total amount involved is less than Rupees 20 lakhs, the complaint is being filed with the Hon'ble District Consumer Disputes Redressal Forum.
 
 

PRAYER:

 

The complainant therefore prays :-

i) relief be granted to the complainant as demanded herein.

ii) that such orders be passed as the Hon'ble Consumer Forum may deem fit in the circumstances of the case.

iii) that the accused should be punished severely so that culprits of similar kind would be afraid to indulge in such criminal activities.

iv) mention any other statement of prayer you wish to state.

 

PLACE :                                                                    Signature

DATED :                                                        NAME OF THE COMPLAINANT
 

VERIFICATION

I (name of complainant), resident of (residential address) hereby declare that I have not misrepresented any facts nor have tried to hide any information in my above complaint. All the facts mentioned herein are true to the best of my knowledge.

                                                                  Name & signature of the complainant

 

 

Please note: The affidavit should be notarized before further copies of complaint set are made for submission.

Arrangement of the complaint papers:

All papers to be kept in paper file in following order:

1. Complaint

2. Affidavit

3. List of documents

4. Documents

5. Vakalatnama

6. Application for injunction (if any)

7. Application for condonation of delay (if any)

 

Page numbers to be written on lower right corner.

 

 

Deposit the complaint file at the consumer court along with appropriate court fee.

 

Note:

The complaint should be filed within 2 years from the date of cause of action.

 

 

Appeals are require to be filed within 30 days from the date of receipt of the court's order

Ashish M (Chartered Accountant)     12 January 2010

great effort.....

 

thanks for such useful an information.!!!!!!!!!!!!!!!!!!

nagendra (student)     14 January 2010

Dear Sir,

I am disable person 33 years old. I am suffering from post polio (both legs, 80% cannot walk with assistence) at age about 2 1/2 years and Still unemployee and below poverty line. I applied unempolyment pension in September, 2008 to Municipality. Municipality not  sanctioning pension till today. My family residing in the same house since 1982 and pay housetax, water tax regularly from 1982. I filed RTI for the above. My name is not in Eligible candates list and survey list.

In this case am I eligible person to file a case in counsumer forum "under the clause 'defieciency in service'. How to approach consumer court? Plaese tell me good legal suggession to me.

 


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