Before the President District Consumer Disputes Redressal Forum _____.
Complaint U/S __ of the Consumer Protection Act,____ as Amended upto date.
I, _____ S/o _____, resident of ___, Tehsil & District ____, do hereby solemnly affirm and declare as under :-
1- That the deponent is the consumer of the respondent as defined under the relevant provisions of the consumer Protection Act as amended upto date.
2- That the respondent No.2 is the manufacturer of the ______ and the respondent No.1 is the authorized distributor of the products of the respondent No.2.
3- That the deponent purchased a ____ bearing its Registration No. ________, Engine No. _______, Chassis No. _____ from the respondent No.1 for a total sale consideration of _____/-.
4- That the above-mentioned ____ was hypothecated with _____, ___ and the said Bank issued Demand Draft No. ____ dated ____ in favour of the respondent No.1. The respondent No.1 issued the receipt in token of acceptance of the sale consideration of the vehicle. The copy of the same is EXC-1.
5- That at the time of purchase of the vehicle respondent No.1, the authorized distributor of the respondent No.2 i.e. respondent No.1 gave a guarantee/warranty for the period of ___ year from the date of purchasing. The respondent No.1 also promised to the deponent that the deponent is free to put the weight/burden in the said vehicle upto the capacity of ___ Kgs. and promised that the said vehicle is good to ply on the road for the carriage of goods and for the passengers. The respondent No.1 assured the deponent that he will the defect of the vehicle or the defective part of the same at any time.
6- That after purchasing of the said vehicle the deponent came to know that the engine of the vehicle had some manufacturing defect as at the time of loading it used to curve and the engine did not took the load for plying it. On ____ the deponent met with the respondent No.1 and requested him to remove the defect of the ___ or to replace the same with new one but the respondent No.1 clearly refused to remove the defect and to replace the ____ with another new one.
7- That the deponent abided by all the terms and conditions of the respondents and he always purchased the fuel of the engine from the authorized Petrol Pumps. The deponent requested the respondents to replace the defective ___ with new one and/or to remove its defect but the respondent kept on avoiding the requests of the deponent and finally on ____ the respondent No.1 refused to accede the legitimate requests of the complainant.
8- That the deponent filed a consumer complaint before this Hon’ble Forum on ___, which was accepted by this Hon’ble Forum. This Hon’ble Forum was pleased to decide the complaint vie its order dated ____ as follows:-
It is ordered that the respondent will provide repair to the ____ in question at his own costs, in case the ____ in question is provided for its repair by the deponent to the respondent. Copy enclosed.
9- That as per the order of this Hon’ble Forum the deponent asked the respondent No.1 to repair the said ___ but the respondent No.1 having due knowledge and notice, intentionally and deliberately did not repair the same till today and finally on ____ refused to comply the order of this Hon’ble Forum. In this way the respondent No.1 has not only violated the orders of this Hon’ble Forum but has caused mental agony to the respondent unnecessarily. Hence ____ is the final date of cause of action accrued in favour of the deponent and against the respondents. So the present complaint is being filed on the fresh cause of action.
10- That due to the shot and deficient services of the respondents, the deponent has suffered a business loss to the tune of ____/- till date because the vehicle in question is not in position to be plied on the road hence the respondents are jointly and severally liable to pay an amount of ____/- to the deponent for causing the business loss from the date of purchase of the vehicle till today. The deponent has also suffered mental tension, agony and harassment caused by the respondents by way of delaying the matter and violating the order dated ____ of this Hon’ble Forum intentionally and deliberately hence the deponent claims an amount of ____/- for the mental agony, harassment and tension caused by the respondents to the complainant. The acts and conducts of the respondent tent amounts to the deficiency in their services.
11- That the deponent is a consumer of the respondent as defined under the Consumer Protection Act, and the aforesaid act of the opposite party/respondent amounts to deficiency of service, indulgence in unfair trade practice and malpractice and further this Hon’ble court has jurisdiction to entertain, try and decide this complaint.
12- That the respondents have filed their written statement, the contents of which are totally wrong, false, incorrect and hence vehemently denied. In this written statement the respondents have taken plea that the previous complaint was dismissed as withdraw on ____. In this connection it is submitted that the compromise was taken place on the definite assurances of the respondents who undertook that either they would remove the defect or would replace the said vehicle with another but later on they refused to repair the same and finally on ____ refused to comply the order of this Hon’ble Forum. In this way the respondent No.1 has not only violated the orders of this Hon’ble Forum but has caused mental agony to the respondent unnecessarily.
Verified that the contents of my above affidavit are true and correct to best of my knowledge and belief and nothing has been concealed therein.
Verified at ____ on_________