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  • Petitions & Pleadings / COMPLAINT-AGAINST-DEFICIENT-COURIER-SERVICE-Complaint-under-section-12-of-the-Consumer-Protection-Act-1986

Petitions & Pleadings

COMPLAINT AGAINST DEFICIENT COURIER SERVICE

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM AT _______

 

Complaint No. _________ of________.

 

_______________________________________                     Complainant

                  VERSES                                                    

_______________________________________                     Respondent.

 

Complaint under section 12 of the Consumer Protection Act, 1986.

Respectfully:

1.  That the complainant on ________  engaged  the services of the opposite party/respondent who is engaged as Couriers and handed over a packet in there office at (Name of Place) containing  duly filled and executed admission forms by her daughter Miss ________ to be delivered to (Name)________ r/o________. The said admission forms were required to be submitted by ___ PM  on _____ in the college at (Name of Place) for seeking admission in the Hostel as B.A or B.Com  student. The receipt issued by the respondent is Annexure-C/1.

2.  That the respondent charged a sum of Rs.___/- as urgent charges from the complainant and assured the delivery of the packet within 48 hours on the above given address. On inquiry made by the complainant when the packet did not reach by __________, the complainant approached the respondent but they failed to offer any explanation about the non delivery of the said packet in time.

3.  That when the complainant realized that the said packet may not reach in time she herself go to ____________ and submit another copies of application forms at ___PM on ________.

4.  That on inquiry it transpired that the respondent/opposite party delivered the packet to Mr. (Name) ______ at ____PM on ______ after a lapse of 6 days.

5.  That on account of non-delivery of the packet by the respondent within a stipulated period as assured, the complainant has been made to suffer a lot as she has to rush to ___________ from (Name of Place) by spending good expenses to complete the required formalities for getting her daughter admitted in the college hostel at (Name of Place).

6.  That such an act and omission on the part of the respondent couriers amounts to deficiency in service, restrictive trade practice and unfair trade practice within the preview of consumer protection Act, 1986.

7.  That the complainant has suffered a lot of mental agonies, financial loss and harassment at the hands of the respondent for which the complainant deserve to be compensated amply and suitably in terms of money in the interest of justice. The respondent is liable to be settled with costs and damages.

8   That a legal notice dated ______ has also been issued to the respondent under Registered cover demanding compensation of Rs. _____/- but the respondent has refused to accept the same deliberately and intentionally. Copy of the legal notice is annexure-C/2 and envelope is Annexure-C/3

9.  That the complainant is entitled to a compensation of Rs._____/- from the respondent on account of financial loss, mental tension and harassment caused to her due to the deficiency of service provided to the complainant.

10. That since the part of cause of action has arisen at (Name of Place) and this Hon’ble forum has jurisdiction to try the present complaint as the subject matter of the complaint is a consumer dispute.

It is, therefore, prayed that the present complaint may kindly be allowed by passing following orders, directions in favour of the complainant and against the respondent in the interest of justice and fair play.

1.  Direct the respondent to pay a compensation amounting to Rs._____/- to the complainant on account of delay, inconvenience, mental agony harassment

2.   Direct the respondent to pay litigation costs amounting to Rs. _____/- in addition to the above amount.

3.   Any other relief which this learned forum deems fit in the facts and circumstances may also be allowed to the complainant.

                                                                                                                           

                                                                                                                             Complainant

                                                                                                                             Through (Counsel)

                                     

ANNEXURES C1 TO C3

 

Affidavit of Shri ___________ s/o Shri ____________, r/o _________ aged about  _______ years, complainant in this case.

I, the above named do hereby solemnly affirm and declare on oath as under:

1.      That the accompanying complaint under section 12 of the consumer protection Act, 1986 has been drafted at my instance.

2.      That I have gone through the contents of the said complaint from paras 1 to 10 which I admit as true and correct to my knowledge.

3.       That the copies of the documents filed at Annexure “C1” to “C3” are true and correct of the original retained by the complainant which may be read in evidence.

4.      In order to whatever stated above is true and correct to the best of my knowledge. No part of it is false and nothing material has been concealed therefrom.

Verified at _____ on this ____ day of _____

                                                                                                                                            Deponent


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