Consumer complaint (District Commission)

Model format for general reference only. Not legal advice. Adapt to the facts and the court's current rules. Source: masterlegalwork.com

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, [DISTRICT]

Consumer Complaint No. ____ of 20__

MEMO OF PARTIES

Versus

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

Respectfully showeth:

1. That the complainant [purchased goods / availed services] being [DESCRIPTION] from the opposite party on [DATE] for a consideration of ₹[AMOUNT] vide [INVOICE / RECEIPT No. __] (Annexure C-1), for personal use and not for any commercial purpose. The complainant is a consumer under Section 2(7) of the Act.
2. That [DESCRIBE THE DEFECT / DEFICIENCY IN SERVICE / UNFAIR TRADE PRACTICE, with dates].
3. That the complainant reported the issue on [DATES] vide [COMPLAINT / TICKET Nos. __] (Annexure C-2), but the opposite party failed to resolve it. A legal notice dated [DATE] (Annexure C-3) also went unanswered [or: was replied evasively].
4. That the acts of the opposite party amount to [a defect under Section 2(10) / deficiency in service under Section 2(11) / an unfair trade practice under Section 2(47)] of the Act, causing the complainant financial loss, mental agony and harassment.
5. That this Commission has pecuniary jurisdiction under Section 34(1), as the value of the goods or services paid as consideration is ₹[AMOUNT], and territorial jurisdiction under Section 34(2), as [the complainant resides or personally works for gain / the opposite party carries on business / the cause of action arose] at [PLACE].
6. That the complaint is filed within two years from the date on which the cause of action arose, i.e. [DATE], as required by Section 69 of the Act.
7. That the consideration paid is ₹[ ], on [dates], for [goods / services]. Consumer status under Section 2(7) is established by [purpose and use]; any commercial-purpose objection and livelihood/self-employment exception relied on are addressed by [specific facts].
8. That the opposite party promised [contractual / statutory standard], but supplied or performed [actual defect / deficiency / unfair practice] on [dates]. Each allegation is linked to [invoice, warranty, communication, report or other evidence].
9. That complaints and opportunities to rectify were given on [dates]; the responses were [ ]. Loss is calculated as refund ₹[ ], proved expenditure ₹[ ], other compensable injury ₹[ ] and litigation costs ₹[ ], without double counting.
10. That pecuniary jurisdiction is determined by the value paid as consideration under the currently applicable jurisdiction rules, namely ₹[ ], rather than an inflated total compensation demand. Territorial jurisdiction under Section 34(2) rests on [specific clause and facts].
11. That the cause of action accrued on [date and event]; the complaint is within Section 69’s two-year period on [calculation]. [If beyond time: state the full delay and file a separate sufficient-cause application.] A later representation alone is not treated as extending limitation.
12. That expert evidence or testing, if required, concerns [issue and requested procedure]. Other proceedings and settlements are disclosed. The relief sought under Section 39 is [repair / replacement / refund / compensation / discontinuance of practice], justified by the proved deficiency.

PRAYER

It is, therefore, respectfully prayed that the opposite party(ies) may kindly be directed to: (a) [replace the product / remove the defect / refund ₹__] along with interest at [__]% per annum from [DATE]; (b) pay ₹[__] as compensation for mental agony and harassment; (c) pay ₹[__] as litigation costs; and (d) grant any other relief this Hon'ble Commission deems fit.

VERIFICATION

Verified at [PLACE] on [DATE] that the contents of paragraphs 1 to [__] of the above complaint are true and correct to my knowledge, the contents of paragraphs [__] to [__] are based on information received and legal advice, which I believe to be true, and the last paragraph is the prayer to this Hon'ble Court. No part of it is false and nothing material has been concealed therefrom.

COMPLAINANT

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Complainant

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, [DISTRICT]

Consumer Complaint No. ____ of 20__

Versus

AFFIDAVIT

Affidavit of [NAME OF DEPONENT], [S/o / D/o / W/o] [NAME], aged about [__] years, resident of [FULL ADDRESS WITH PIN CODE], Aadhaar No. [IF LAWFULLY REQUIRED], Mobile No. [NUMBER].

I, the above-named deponent, do hereby solemnly affirm and declare as under:

1. That I am competent to swear this affidavit. The accompanying [suit / petition / application] was drafted by counsel on my instructions, read over and explained to me in [LANGUAGE], and is adopted as part of this affidavit. Its facts are true to my knowledge or identified records; legal submissions rest on advice believed true.
2. That [no same or similar proceeding on this cause has been filed / all prior and pending proceedings, outcomes and orders are disclosed here: ___]. Nothing material is concealed.

DEPONENT

VERIFICATION

Verified at [PLACE] on [DATE] that paragraphs 1 and 2 above are true and correct to my knowledge and identified records, with legal submissions based on advice believed true. Nothing material has been concealed.

DEPONENT

Gagandeep Goel, Adv. (Enrl. No. P/1983/2007)
Gagandeep Goel & Associates | Master Legal Work
(M) 987 220 6969, (E) masterlegalwork@gmail.com
Advocate for the Complainant