CONSUMER COURT COMPLAINT FORMAT

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, Yamuna Nagar tehsil- jagadhri Consumer Dispute Case No. ........./2018 A petition under Section -11 of Consumer Protection Act  and In the mater of :

IN THE MATTER OF:
(Ruchi Sehgal, D/o Mr. Vinod sehgal, permanent residence at plot no2, vishal nagar, near chopra garden) Complainant

Versus

1. (ivoomi Innovations, A-112, 1st and 2nd floor, Group Industrial area, Wazirpur. Delhi-110052) Opposite Party

2. authorised service center teleworld, shop no 24/75, thapar colony, near fountain chowk, yamuna nagar, haryana- contact number 7404200191

COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT
Most Respectfully Submitted as Under:

1. That the complainant is a consumer within the definition of the Consumer Protection Act and is constrained to approach this Forum against the gross acts of the opposite party wherein he has committed serious deficiency of services and unfair trade practices.
2. That the brief facts leading to the filing of the present complaint are as under:
The complainant has purchased a new Ivoomi mobile through Amazon.in. the mobile model is Me 5 and it was purchased on 5th december 2017. From the very first day the device was not working properly.

the handset was having some issues so i went to service center on 18 december 2017 , teleworld, yamuna nagar near fountain chowk. the service authority said that its just need an updation of software so they take it from me and make the desired update withourt issueing any job sheet to me.

again the device was not working and giving problem in calling and hotspot feature. so i went again to service center on 11-jan-2018. this time service center officials said that the device has some part missing in it so they need to send it to company head office. i give my consent and they issued me a job sheet on 11 jan 2018. 

after on month i called to custmer care number of Ivoomi innovation, they replied me that they did not recieve my mobile as courier is in the way. after that i write many email to them but get no reply of emails. print format of email attached.

on 22 feb i send a letter by registered post at the company adress that was mentioned over website. abut after two days letter comes back to me as company has shifted their address and no one is availble at the address to receive the letter.

again i sent them email that we need handset in emergency if they can send us our repaired handset then we will recieve it else we have to purchased a new handset. but no one replied so we purchased a new handset on 

i have also registered a complaint at consumerhelpline.gov.in and my complaint number is 612773.

after calling many times company's customer care number, the customer care official provided me a phone number of mr. yograj vankhede, ( 7083388315)who is said to deal in all customer matter. i have requested them to payback may money as the mobile was having a manufacturing defect.but they rudily denied my request.

in the mean while we have told them we have already purchased mobile phone on 3-march-2018 as it was very getting diffucult to manage without phone

in april  i received a call from teleworld, saying that my mobile is repaired( after 3 months) so they forced me accept the mobile from service center. intially we refused as we were very harrassed by bad services of custmer care department.but later we accept as they promised to extent the warranty and reapir with in 5 working days.

but the mobile was giving same problem so i went to service center. many times serice center updated the mobile software for which they have not issued me job card but problems was still persisting.

the service center is almost four kilometer distance from my house and the number provided by serice center doesnot work. so i need to visit each time to enquire about my matter.

on 12 may 2018 i again went to service center and again service center authorities said that phone has some manufacturing problem so it need to send to company. this time i remind them of written promise that they will deliver me mobile within 5 working days but now from since it has been 18 days. i have no update about my mobile.

please note that company has manufacturing defect in device and i have send them many email to refund my money. even such a long delayed serice doesnot provided any usefellness of serive.  

i request to the honorable court to please give me justice and help me to refund my money paid for mobile phone, fine of rs 5000 along with each traveling expenses  bear on traveling from my home to service center along with fine and cost of present litigation.

.

3. That the supportive documents in above are as under:

copy of purchase bill

extended warranty bill

job sheet issued on 11 jan 2018

copy of job sheet issued on 12 may 2018

purchase bill of new mobile phone

copy of emails

proof  speed post 

all documents are enclosed in support.
6. That the aforesaid amounts to deficiency in services and unfair trade practice and the Complainant is entitled to refund of his entire amount of money paid to the opposite party. The Complainant is also entitled to a compensation of Rs. 10,000  against the aforesaid deficiency of services by the Opposite party as the Complainant has been made to suffer due to the abovesaid acts of the opposite party. The Complainant is also entitled to compensation in lieu of physical pain, mental agony, and trauma due to all this.

P R A Y E R:

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 mobile phone, Rs. 4500 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. 3,000/- towards cost of this petition (Cost) ; 

         for which act of kindness, the complainant shall, as is duty bound, ever pray. 
                                                                                  Signature
                                                                                   ruchi sehgal 
                                                                                 Complainant  

It is, therefore, prayed that the Court may direct the opposite party to refund the entire amount  of rs 4500 paid to him along with interest at the market rate which is 18% per annum along with an amount of Rs. 10,000 as compensation to the Complainant.
That the Complainant is also entitled to the cost of the present litigation.
Any other order as the Honble Court may deem fit and proper in the facts and circumstances in favour of the Complainant be passed.

COMPLAINANT
Ruchi sehgal

d/o mr. vinod sehgal

plot number 2, vishal nagar

near chopra garden

yamuna nagar-135001

List of documents to be attached with the Consumer Court Complaint Format

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM
COMPLAINT No.__________ OF
IN THE MATTER OF:
LIST OF DOCUMENTS ON BEHALF OF THE COMPLAINANT.
(Name and address of the complainant) �Complainant
Versus
(Name and address of the opposite party) �Opposite party
COMPLAINANT
Through