BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, _________
Complaint Under Section 12 of the Consumer Protection Act 1986 Amended up to date
The complainant respectfully submits as under: –
1- That the complainant is a consumer of the respondent and the as defined under the relevant provisions of the consumer protection Act.
2- That the complainant purchased a vehicle _________ bearing its Registration No.__________, Model ______, Chassis No. _________, Engine No. __________ from Shri ________ son of Shri __________, resident of ____________, on or about ____________.
3- That at the time of purchasing of the said vehicle it was financed with the respondent and __ installments were due and payable to the respondent by the complainant. The complainant deposited the said __ installments with the respondent without any delay on his part and now nothing is due and payable by the complainant to the respondent. It is pertinent to mention here that some of the installments were got deposited by the complainant in the name of ________ and some of the amount deposit slips were deposited by him in his own name. Some extract amount has been deposited with the respondent.
4- That in the month of ________, _____ the complainant met with the respondent and asked the respondent to hand over the No Dues Certificate and Hypothecation Clearance Certificate of the _______ No. __________ to the complainant but the respondent kept on avoiding the requests of the complainant on one pretext or the other and finally on _______ the respondent demanded an exorbitant, illegal and imaginary amount of Rs. _________/- from the complainant and threatened the complainant until and unless the complainant would not make this illegal and unlawful amount of Rs. __________/- till then the respondent would not issue No Dues Certificate and Hypothecation Clearance Certificate to the complainant. In this way the respondent has committed the criminal wrongs for which the complainant reserves his right to file appropriate proceedings against the respondent in the competent court of law against him.
5- That the complainant sent a legal Notice dated _________ calling upon the respondent to handover the No Dues Certificate and Hypothecation Clearance Certificate of the ________ No._________ and Rs. _______/- as charges of this legal Notice, to the complainant within the period of __ days from the date of receipt of this legal notice. The said legal Notice was accepted by the respondent and sent reply of the same which was quite unsatisfactory. The copies are enclosed.
6- That by not handing over the No Dues Certificate and Hypothecation Clearance Certificate of the _______ No._________ to the complainant the respondent has caused mental agony, mental shock, and harassment to the complainant unnecessarily. There is deficiency in the service on the parts of the respondent therefore the complainant is entitled Rs. ________/- on account of mental tension, agony and harassment suffered by him at the hands of the respondent. The complainant is entitled to receive No Dues Certificate and Hypothecation Clearance Certificate of the _______ No.________ from the respondent.
7- That the complainant is and the respondent reside at _________ and entire cause of action accrued at __________ within the territorial jurisdiction of this Hon’ble Forum, therefore, this Hon’ble Forum has got the jurisdiction to entertain and try the present complaint.
It is, therefore, prayed that in view of the forgoing facts and circumstances this hon’ble court may kindly be pleased to:
i) Pass an order directing the respondent to hand over the No Dues Certificate and Hypothecation Clearance Certificate of the ________ No._________ immediately .
ii) Pass an order directing the respondents to pay Rs. _______/- to the complainant on account of deficient service of the respondents and for the mental tension, agony and harassment suffered by the complainant at the hands of the respondents.
iii) Costs of this petition may kindly be awarded in favour of the complainant and against the respondents.
iv) Any other relief, which this Hon’ble Forum may deem fit and proper, be passed in favour of the complainant and against the respondents.
__________, Advocate, ____________.