BEFORE THE CONSUMER DISPUTE REDRESSAL FORUM ALLAHABAD COMPLAINT NO…………………… OF 2001
A s/o B R/o ………………….. Complainant
Versus
ADVERTISEMENTS:
1. C Opposite party No. 1
2. Kamal Agencies Opposite party No. 2
Complaint under Section 11 and 12 of the Consumer Protection Act,
1986 and the Rules framed thereunder.
ADVERTISEMENTS:
The complainant named above most respectfully sheweth as under :
1. That the respondent a manufacturer of electrical goods and domestic appliances and has appointed the opposite party No. 2 as his selling agent for the district of Allahabad.
2. That the complainant purchased a Mixer-cum-Grinder manu factured by the said opposite party No. 1 from the opposite party No. 2 on 30.6.2000 against their cash memo No. 1193 of the even date for a sum of Rs. two thousand seven hundred ten only. A copy of the cash memo has been annexed hereto marked 1.
That the opposite party No. 2 issued a Warranty Card bearing its signature and seal to the complainant on the same day a copy whereof has been annexed hereto marked 2.
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ADVERTISEMENTS:
3. That the said Warranty is valid for a period of 2 years.
4. That the complainant went through the instructions book given by the opposite party No. 2 containing the manual for use of the said Mixer and Grinder and used the same in accordance with the same.
5. That after three months from the date of purchase it was found that the said Mixer-cum-Grinder did not work properly. It did not grind the spices and condiments put in it to the desired quality. The opposite party No. 2 was made known regarding the malfunctioning of the Mixer/Grinder who repaired it and assured the complainant that it would not trouble him any more.
6. That however there was no appreciable change in the functioning of the said mixer cum grinder even after its repair by the opposite party No. 2. The complainant again approached the opposite party No. 2 for bringing the Mixer cum grinder to perfect working order but even after it’s repair it did not give the desired result.
7. That the complainant requested the opposite party No. 2 to replace the Mixer cum grinder by another piece as the repairing in the earlier mixer cum grinder was not yielding any result. The opposite party received it back and sent the same to the opposite party No. 1 for being replaced.
8. That a receipt dated 30.4.2001 has been issued by the opposite party No. 1 acknowledging the receipt of delivery of the mixer cum grinder a copy whereof has been annexed hereto marked 3.
9. That about three months have passed but the opposite party No. 1 has not sent the replacement whereas it was to be done within a period of 30 days as has been mentioned in the Warranty Card.
10. That the complainant has been approaching the opposite party No. 1 time and again but no action is being taken by the opposite parties.
11. That the conduct of the opposite parties has caused tremendous mental tension and applicant has been passing through mental agony. The complainant has been losing his money and time in securing the replacement without any result.
12. That in the interest of justice the opposite parties should be directed to refund the price of the mixer cum grinder amounting to Rs. 2710.00 and compensation of Rs. 2500.00 to the complainant for the loss, injury and mental agony caused to him.
Prayer
It is therefore respectfully prayed that the opposite party No. 1 and 2 be kindly directed to pay jointly or severally to the complainant the following sum of money :
1. Amount of Rs. 2710.00 as refund of the price of the mixer- cum-grinder.
2. A sum of Rs. 2500.00 as compensation for mental torture and agony suffered by the complainant and
3. A sum of Rs. 1000.00 being cost of the proceedings including expenses incurred in correspondence and travelling in respect of the repairing and replacement of the Mixer and Grinder in question.
Signature of the complainant
Verification
I, R.C. Singh the above named complainant do hereby verify that the contents of this complaint are true to the best of my knowledge and belief, that no part of it is false nor any material has been concealed.
Verified today dated 3rd day of August, 2001 at Allahabad.
Annexures:
1. ……………
2. ……………
3. ……………
Complainant/Deponent