Search Results

NOTICE TO BRANCH MANAGER, XYZ BANK LTD . .............................  CLAIMING DAMAGES FOR PAYMENT OF CHEQUE, FOR WHICH INSTRUCTIONS FOR STOPPAGE WAS ISSUED   ............................... . Advocate Date:……………….   The Branch Manager,  XYZ Bank Ltd., ....................... Branch, ..........................Road     Dear Sir,   Under instructions and for and on behalf of my client Ms ...........................  .........................resident of……………I hereby give you the following notice:   1. That my client is maintaining Saving Bank Account No ……………with your branch with effect from ……………   2. That my client issued instructions to you to stop the payment of cheque No. ............................ dated…………… for Rs ……………drawn in favour of M/s. …………… vide his letter dated……………which was duly acknowledged by Shri . …………………………Assistant Manager of your branch.   3. When my client got his pass book updated on he came to know that the cheque No……………dated…………… for Rs ……………issued by my client, about which stoppage instructions were issued to you, has been paid and debited to my client's account.   4. The payment of the said cheque by your branch was made negligently and carelessly, due to which my client has incurred a loss of Rs . ..................................... Therefore, you are liable to pay back the said amount to my client with interest @ 2% per month or part of the month from the debit of the said amount upto the date of refund.   5. By this notice, I hereby call upon you to pay Rs ……………alongwith the interest @ 2% per month or part of the month from the date of the debit of the said amount from the account of my client to the date of refund, failing which my client will be constrained to file a complaint against you for deficiency in your services and recovery of the said amount from you, at your entire risk, as to costs and consequences.    Yours faithfully,   (Ms…………………………)     Download Word Document In English. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

NOTICE TO THE COMPANY CLAIMING DAMAGES FOR SELLING DEFECTIVE WASHING MACHINE NOTICE Registered AD Date:……………….. 1. The Managing Director, …………………………Ltd., ………………………… Mumbai   2. M/s  ………………………… ………………………… Mumbai   Dear Sir,   I hereby give you the following notice:   I have purchased……………Washing Machine, Model No……………bearing Serial No……………manufactured by……………Ltd. from M/s…………… the distributor of washing machines for Mumbai on………………………… for a sum of Rs……………vide Invoice No. ……………dated……………   The said M/s……………while selling the washing machine gave a warranty for a period of 2 years commencing from ……………to ……………warranting that the machine will give best performance and if any defect including manufacturing defect is found in the said washing machine during the warranty period, the service centre of the manufacturer……………Ltd., will rectify the said defect and if the said defect cannot be rectified, the washing machine will be replaced with the new one without any charge to the purchaser.   To my surprise, the. said washing machine started giving trouble from the day one the machine started functioning. On ……………I informed the distributor to intimate an engineer from the company's service center to inspect the machine and to rectify some defects which have been found in the said washing machine. One Shri ....................... Service Engineer of……………Ltd. attached to local service center called on us and tried to rectify the defects observed in the said washing machine but he was not able to rectify all the defects of the washing machine and he went saying that he will come on next day or some other service engineer wil  come on the next day.   On…………… the said Shri……………Service Engineer of .................Ltd., again reported for rectification of the defects of the washing machine, and tried to rectify the defects.    Again on……………the said washing machine stopped working and again the service center was advised to send service engineer, who again came on ...... and tried to rectify the defects of the washing machine. The  said service engineer advised that the piece of the washing machine is defective and it is better to get the machine replaced, otherwise the washing machine will continue to give trouble.   Therefore on…………….requested the vendor of the machine M/s………….to replace the machine, as the washing machine supplied earlier is not giving satisfactory service from the day one. The said M/s ........................ promised to do the needful in the matter, but nothing has happened in the said director.Thereafter again the machine stopped working on ………….and even the service engineer from the service centre did not come even after repeated reminders on phone to the service center and M/s ....................................   By this notice, I hereby call upon you both to replace the said washing machine sold to me on………….with a new washing machine, which may give best performance, within a period of from the date of receipt of this notice, failing which I shall be constrained to file a complaint for deficiency in your service before the District Forum .................at your entire risk as to costs and consequences.   Yours faithfully.   ................................. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

APPEAL TO NATIONAL COMMISSION UNDER SECTION 19 OF CONSUMER PROTECTION ACT IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT.................... Appeal No..................... of 19.................... Appeal under Section 19 of the Consumer Protection Act against the order of District Forum.................... (mention place) A. B. (add description and residence)........................................ Appellant/Appellants versus  C. D. (add description and residence)................................. Respondent/Respondents To The Hon’ble President and his companion members of National Commission.  Sir, The Appellant/Appellants most respectfully showeth: 1. This is in appeal under Section 19 against the Order of the State Commission.................... (name of place) dated.................... in Appeal No. .................... of 19.................... 2. That the appeal is being filed within a period of 30 days from the date of Order as per the provisions of Section 19 of the Consumer Protection Act. OR That this appeal is being filed after the expiry of period of 30 days as it could not be filed within the prescribed period for the reasons mentioned in the application filed along with this appeal for condonation of delay. The said application is being disputed by an Affidavit. 3. Grounds of objections to the order appealed against may be set forth concisely and under distinct heads without any argument or narrative; such grounds are to be numbered consecutively. 4. Prayer clause with details of relief/reliefs being claimed are to be stated. Appellant/Appellants Date.................... In person or through Counsel Annexure 1. Certified copy of order appealed against Section 19  APPEAL. Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (1) of cause (a) of section 17 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed: Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there are sufficient cause for not filing it within that period. COMMENTS, Procedure for hearing appeal  (Rule 15 of Consumer Protection Rules, 1987) Rule 15. Procedure for hearing the appeal. — 1 . Memorandum shall be presented by the appellant or his agent to the National Commission in person or be sent by registered post addressed to the Commission. 2. Every memorandum filed under sub-rule (1) shall be in legible handwriting preferably typed and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such ground shall be numbered consecutively. 3. Each memorandum shall be accompanied by a certified copy of the order of the State Commission appealed against and such of the documents, as may be required to support grounds of objection mentioned in the memorandum. 4. When the appeal is presented after the expiry of the period of limitation as specified in the Act, the memorandum shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant relies to satisfy the National Commission that he has sufficient cause for not preferring the appeal within the period of limitation. 5. The appellant shall submit six copies of the memorandum to the Commission for official purpose. 6. On the date of hearing or on any other day to which hearing may be adjourned, it shall be obligatory for the parties or their agents to appear before the National Commission. If appellant or his agent fails to appear on such date, the National Commission may in its discretion either dismiss the appeal or decide ex parts on merits. If the respondent or his agent fails to appear on such date, the National Commission shall proceed ex parte and shall decide the appeal on merits of the case. 7. The appellant shall not except by leave of the National Commission usage or be heard in support of any ground of objection not set forth in the memorandum but the National Commission in deciding the appeal, may not confine to the grounds of objection set forth in the memorandum: Provided that the Commission shall not rest its decision on any other ground other than those specified in the memorandum unless the party who may be affected thereby, has been given an opportunity of being heard by the National Commission. 8. The National Commission on such term as it may think fit and at any stage, adjourn the hearing of the appeal, but not more than one adjournment shall ordinarily be given and the appeal should be decided, as far as possible within 90 days from the first date of hearing. 9. The order of the National Commission shall be communicated to the parties concerned free of cost. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Form of appeal to the National Commission. Before the National Consumer Disputes Redressal Commission at New Delhi (Appellate Jurisdiction] Appeal No....................of 2010 Appellants Versus Respondent M/ s...................... Sri .......................... Appeal under Section 19 of the Consumer Protection Act, 1986 against the order of the State Consumer Disputes Redressal Commission, UP. at Lucknow. This memorandum of appeal is presented against the order dated 7.2.2010 passed in appeal No. 673 of 2008 by the State Consumer Disputes Redressal Commission, Uttar Pradesh Lucknow on the following amongst other grounds : 1. That the order appealed against was served on the appellants on 27.1.2010 so this appeal is within time. 2. That the appellants are carrying on business at the address aforementioned dealing in electrical goods. Respondent purchased a Table fan for Rs. 730/- on 16.3.2008 and the appellants had issued cash memo No. 4663 dated 16.3.2008 and also delivered a warranty card along with the cash memo. After eight months on 20.11.2008 the respondent approached the appellant and complained that the motor of the said fan had been burnt and asked for replacement of the said fan. The appellants got the said fan checked by competent electrical engineers who opined that the said fan burnt due to heavy voltage on the respondent's electric supply line. A copy of certificate issued by the said electrical engineers marked 'A'. The respondent lodged a complaint with the District Consumer Disputes Redressal Forum Allahabad which decided the complaint against the appellant. The appellant filed an appeal against the order of the District Consumer Disputes Redressal Forum before the State Consumer Disputes Redressal Commission Uttar Pradesh Lucknow which has rejected the appeal exparte and this is how the appellants have come to this Hon*ble Commission in appeal. 3. That the order of the Hon'ble State Commission is bad in law and facts. 4. That the order is against the principles of natural justice. 5. That no reasonable opportunity of being heard has been given to the appellants by the first appellate authority. 6. That the dispute was related with technical issue and the opinion of expert in the matter i.e. the electrical engineer should have been considered. 7. That the complaint filed by the respondent was not entertainable by the Hon'ble District Forum. 8. That the Hon^ble District Forum and also the Hon'ble State Commission has not recorded a finding that the motor of the Table fan burnt on account of any manufacturing defect or use of any inferior quality of parts and accessories. 9. That the warranty card very clearly stipulated that the fan was to be used on electric line carrying voltage at 220 to 240 alone. 10. That in any view of the matter the orders of the authorities below are not sustainable in law. 11. That the authorities below have not considered all the points raised against the complaint by the appellants. 12. It is therefore respectfully prayed that the appeal be kindly allowed, the orders of the State Commissioner be kindly set aside and the appellants be kindly declared not liable to pay any sum of money to the respondent in connection with the complaint. Any other relief deemed fit in the circumstances of the appellants case be also granted. Signature of the appellants  Verification I.............partner of the firm M/s. Ram Manoj Pandya do hereby verify that the contents of this memorandum of appeal are true to the best of my knowledge and belief. Dated 11.2.2010 Signature of the appellants Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

COMPLAINT BEFORE THE DISTRICT FORUM AGAINST A BANK FOR .PASSING OF A FORGED CHEQUE FROM THE COMPLAINANTS ACCOUNT   BEFORE THE HON'BLE DISTRICT CONSUMER FORUM, MEERUT Consumer Complaint No . of 2000   XYZ s/0 .............. Aged about………….years Resident of ................. Meerut City………….Complainant v ABC Bank Ltd. ........................Branch ........................... Meerut City………….………….Opposite Party   The Complainant most respectfully showeth as follows:   (1) That the Complainant is an individual and is a consumer of the Opposite Party ABC Bank Ltd. The Opposite party ABC Bank Ltd., is a banking company incorporated under the Companies Act, 1956 and having its registered office at .........................   ................and having a branch at………….Meerut city. The Opposite Party is carrying on banking business within the meaning of Banking Regulation Act, 1949.   (2) That the Complainant is maintaining a Saving Bank Account bearing No. ............................ with the Opposite Party bank with effect from .. ………….    (3) That the Complainant has been issued cheque book bearing cheques No. ........................to………….by the Opposite Party bank on    (4) That the Complainant is getting the pass book of the said Saving Bank Account updated from the Opposite Party regularly as required by the Opposite Party.   (5) That when the Complainant got the Saving bank pass book updated on ........................he came to know that a forged cheque No …………….dated …………….for Rs. 25,000 drawn in favour of Shri …………….has been debited from the account. As the said cheque was not issued by the Complainant, he approached the Branch Manager and asked the details of the said cheque.   (6) That the Branch Manager of the bank showed the said cheque to the Complainant and after seeing the said cheque, the Complainant informed the Branch Manager of the Opposite Party bank that the said cheque is forged and has not been issued by the Complainant. The said cheque has also not been issued to the Complainant in the cheque book issued to him by the Opposite Party bank. From the cheque, it is found that the signature of the drawer of the said cheque did not tally with the signature of the Complainant and if the officers of the Opposite Party bank would have seen the cheque carefully, they would have come to know about the forgery of the cheque.   (7) That the Complainant requested the Opposite Party bank to credit the amount of Rs. 25,000 to his account, which has been unauthorizedly and illegally debited from his account.   (8) That when the Opposite Party did not credit the amount of Rs. 25,000 to his Saving bank account, the Complainant sent a notice dated …………….to the Opposite Party through his advocate Shri …………….but neither the Opposite Party sent any reply to the said notice nor credited the amount of Rs. 25,000 to the account of the Complainant.   (9) That the Complainant has incurred a loss of Rs.25,000 due to negligent and careless act of the Opposite Party, which is deficiency in service in terms of section 2(l)(g), Consumer Protection Act, 1986.   (10) That the cause of action arose to file this complaint on …………….when the forged cheque of Rs. 25,000 was debited illegally to the account of Complainant.   (11) That the Complainant has incurred a loss of Rs. 25,000 due to deficiency in service on the part of the Opposite Party. The complainant has to undergo mental torture, harassment and mental strain due to debit of the said cheque from his account. Thus the Complainant is entitled to recover a sum of Rs. 40,000 from the Opposite Party (Rs. 25,000 the amount of the cheque debited from the complainant's account + Rs. 10,900 as compensation for mental torture, harassment and mental strain + Rs. 5,000 as legal expenses and correspondence).   (12) The Complainant submits his claim as under:  (i) Loss suffered due to unauthorised debit of the cheque from the complainant's account Rs. 25,000 (ii) Compensation for mental torture, harassment and mental torture, etc. Rs. 10,000 (iii) Expenses incurred in correspondence, postal, legal expenses and miscellaneous charges Rs.5,000   (13) That this Forum has the jurisdiction to entertain this complaint.   (14) That the claim is within the limitation period of two years from the date on which the cause of action has arisen.   (15) That the Complainant prays that this Hon'ble Forum may be pleased to pass an order directing the Opposite Party Bank to pay a sum of Rs. 40,000 on account of loss and compensation claimed by the Complainant with interest from the date of the complaint upto the date of payment alongwith the cost of the complaint and such further relief as this Forum may consider appropriate and fit in the circumstances of the case.  ………………… Complainant Through Shr…………………….Advocate     I …………….the complainant, herein verify that contents of paras 1 to  …………….are true to my knowledge, that of para …………….to para …………….are based on legal advice, which I believe to be true and that of para  …….are my prayers to this Forum.   Date: ………….. ……………………… Complainant Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

NOTICE TO GENERAL MANAGER ………………………….ELECTRICITY CO. LTD., FOR ILLEGAL  DISCONNECTING OF ELECTRIC CONNECTION AND FOR REFUND OF BILL AMOUNT PAID AGAIN NOTICE Registered AD ............................... .    Date:   The General Manager, ..............................Electricity Co. Ltd., …………………………. ………………………….     Dear Sir,   I hereby give you notice as under:   1. I am the owner of the Flat No………………………in the……………………Hsg. Co-operative Society Ltd., in the building……………………constructed on the plot of land bearing Plot No …………………Khasra No. Khata No. Mouza………………………Tehsil…………………Sub-District…………………District………………………….   2. I am the consumer of your company having connection No ...............................since……………………and paying the electric bills regularly.   3. To my surprise, my electric connection was disconnected on……………………without any information and notice to me or my family members.   4. When I contacted your complaint service center on  in the evening at about 7 p.m. the concerned employee of your company informed that the electric connection has been disconnected due to non-payment of electric bill, dated ..................for Rs …………….I was also advised to contact the Accounts officer. …………… for payment and for payment of Rs. 200 as re-connection charges.   5. On ……………I went to the office of Accounts Officer……………and presented him the bill, dated…………… for Rs……………duly paid at your counter at .............................on……………I also submitted an application alongwith photocopy of the paid bill and requested the General Manager ……………Electric Company .....………. to re-connect my electric connection urgently, as my son is student of class XII standard and the board examinations are in progress.   6. But the said Accounts officer……………said that though I am showing the paid bill, but as per Electric company's record, the bill has not been paid and there must be some mistake somewhere. I was further advised to pay the bill again, if I wanted to get my connection re-connected at an early date, otherwise the electricity connection will be re-connected after checking of the record which will take a long time. Therefore under coercion, I paid Rs. 977 + Rs. 200 as re-connection charges and my electric connection was re-connected on .................................   7. In this way, I was deprived of electricity for a period of 15 days w.e.f . ……………to ..................due to negligence and carelessness of the……………Electric Company……………due to which I have suffered harassment, mental agony and defamation and loss to my son in his examination, which is irrepairable loss and cannot be compensated.   8. By this notice, I hereby call upon you to pay the following amounts to me within one month from the date of receipt of this notice   (a) Rs. 15,000 as loss due to deprivation of electricity for 15 days @ Rs.1,000 per day (b) Rs. 10,000 as compensation towards mental agony, harassment, torture and sufferings (c) Rs. 50,000 as compensation towards loss to my son Shri in is HSC examination due to absence of electricity in the house. (d) Rs. 1,077 paid by me again with interest @ 24% per annum from the date of payment to the date of realization.   If you fail to pay the above amount to me within the stipulated period, I shall be constrained to file complaint before the District Forum for award of compensation/ damages and refund of the amount paid by me two times with interest against you, at your entire risk as to costs and consequences, which may please be noted.   A copy of this notice is being forwarded for information and necessary action to Managing Director…………… . Electric Company Ltd............................    Yours faithfully, …………… Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

Complaint before national commission for malfunctioning computer In the National Consumers Disputes Redressal Commission 5th Floor, Janpath Bhawan, New Delhi Original Jurisdiction Sheweth: 1. The respondent is the manufacturer of and dealer in Computers both Hardwares and Softwares and is carrying on the business, inter alia, at Patna and New Delhi. 2. The claim of the complainant exceeds Rs. 20 lakhs. 3. The complainant's cause of action for this complaint arose on and after 30th December 2008 within two years of the present application. 4. The complainant purchased a Computer from the respondent on 30th December 2008 at Rs. 26 lakhs on terms and conditions contained in the Guarantee Card given by the respondent. The said Computer was sold and delivered by the respondent from its New "Delhi Office. 5. Under the terms and conditions of the said sale of Computer by the respondent the respondent undertook to render free service for one year in relation to the said Computer. 6. Within six months of its installation at the office of the complainant at 2 North Srikrishnapuri, Patna there was malfunctioning of the said Computer. 7. The complainant by a letter dated 15th January 2009 requested the respondent to replace the Computer as in spite of repairs by the respondent's mechanic, the Computer was malfunctioning and was of no use to the complainant. 8. The respondent again sent its mechanic who attended the Computer but could not repair it or remove the defect and the machine continued to malfunction. 9. The complainant by its letter of 5th February 2009 made a detailed complaint to the respondent about the Computer and requested the respondent to replace the said Computer. 10. The respondent by its letter of 28th February 2009 denied any defect in the Computer or that it was malfunctioning. 11. The complainant engaged an expert Mr. Z from Patna who was the Principal of Patna Computer College and got the Computer examined by him and received a Certificate/report of his examination of the Computer. 12. According to the expert opinion there was a manufacturing defect in the Computer and it could not be repaired by any mechanic and required substantial replacement of certain parts of the Computer and reassembly thereof. A copy of the expert's report was sent to the respondent. 13. In spite of this, the respondent did not take any effective steps. 13. A copy of the expert's report is annexed hereto marked "A". 14. The complainant by a letter of 5th March 2009 requested the respondent to take back the Computer and refund the price paid therefor. A copy of the letter is annexed hereto marked "B". 15. The respondent in reply stated that there was no defect in the Computer and that the complainant is not entitled to any refund of the price for the Computer. A copy of the letter is annexed hereto marked "C". 16. Copies of the receipt given by the respondent for purchase of the Computer and the Guarantee Card are annexed hereto marked "D" and "D-l" respectively. 17. The complainant states that the contention of the respondent is untenable and unwarranted and in spite of several attempts the respondent has not been able to make the Computer function properly. The expert opinion is also to the effect that there was a manufacturing defect in the Computer. 18. In view of the aforesaid the respondent in bound to take back the Computer and refund the purchase price paid therefor and to pay the costs and expenses incurred by the complainant in taking the expert opinion and incidentals thereto. 19. The respondent is also liable to pay compensation to the complainant for the harassment, troubles, loss of business, physical inconvenience and mental agony suffered by and arising directly out of the breach of warranty, breach of the agreement and breach of duty on the part of the respondent. The complainant assesses such loss and damages at Rs. 15 lakhs. 20. Without prejudice to the aforesaid the complainant states that an enquiry be made as to the loss and damages the complainant has suffered due to the defective and malfunctioning of the Computer sold and delivered by the respondent to the complainant and its inability to repair the same and depriving the complainant of any use of the Computer and putting thecomplainant to harassment and mental agony and loss of business. 21. In the facts and circumstances of the case the complainant prays for the following reliefs: (a)Refund of Rs. 26 lakhs paid as consideration for the said Computer; (b)Interest from date of payment of the said consideration money till realisation at 18%; (c)Payment of Rs. 15 lakhs by the respondent to the complainant by way of compensation for the loss and damages, harassment and mental agony caused to the complainant by the wrongful acts of the respondent; (d)Alternatively an enquiry into the loss and damages suffered by the complainant due to wrongful acts of the respondent and malfunctioning, costs of expert opinion and payment by the respondent to the complainant the amount so found due on such enquiry; (e)Costs of the present complaint and proceeding to be paid by respondent to the complainant; (f) Further and other reliefs that the complainant is entitled to be granted. (g)And the complainant as in duty bound shall ever pray. Place: Date:……….. Verification I, Mr. X, son of………….residing at 2 North Srikrishnapuri, Patna, Bihar do hereby solemnly declare and state that the statements contained in the complaint above are true to the best of my knowledge and belief and that I have not suppressed any material fact. Verified at Mumbaithe 18th day of April 2000 Deponent Identified by me Advocate Annexures: Receipt Guarantee Card Expert report       Copies of correspondence Download Word Document In English. (Rs.30/-) Download PDF Document In Hindi. (Rs.30/-) Download PDF Document In Marathi. (Rs.20/-)

WRITTEN STATEMENT TO BE'RILIED ON BEHALF OF THE BANK IN THE ABOVE COMPLAINT BEFORE THE HON'BLE DISTRICT CONSUMER FORUM, MEERUT  Consumer Complaint No. 112 of 2000 XYZ …………….Complainant V ABC Bank Ltd. ........... …………….Opposite Party   Sir,   The above Opposite Party submits reply as under:   (1)That the contents of paragraph 1 to 5 of the complaint are admitted.   (2)That the contents of paragraph 6 of the complaint are denied that the cheque No …………….dated …………….for  Rs. 25,000 drawn in favour of Shri  …………….was not issued by the Complainant. It is submitted that the said cheque  was issued by the Complainant himself and the cheque No …………….has been issued to the Complainant on alongwith 9 (nine) other cheques. The Complainant used 9 cheques out of the said cheque book and got another cheque book issued on …………….and the 10th cheque has been issued now which is in dispute.   (3)That with reference to para 7 of the complaint, it is admitted that the Complainant approached the Branch Manager of the Opposite Party and wanted to see the cheque, dated …………….for Rs. 25,000 and the Branch Manager shown the said cheque to the Complainant. Rest of the allegations made in the said paragraph are denied.   (4)That the contents of para 8 of the complaint is admitted to the extent that the Complainant sent notice, dated  …………….through his Advocate Shri ……………. It is denied that no reply was given to the said notice. The said notice was replied to Shri   …………….Advocate vide Shri ..........................Advocate, Bank's Advocate. The copy of the reply sent by Bank's Advocate Shri …………….is enclosed herewith to this reply and marked as Annexure 1.   (5)That the contents of para 9 of the complaint are denied. There is no deficiency on the part of the bank. The specimen signatures of the complainant recorded with the bank were compared with the signature on the cheque and the signature on the cheque No  …………….dated …………….for Rs. 25,000 drawn in favour of Shri …………….resembled with the signature kept on record. There is no negligence on the part of the bank. It is also denied that the Complainant has incurred a loss of Rs.25,000 due to deficiency in service by the bank.   (6)That with reference to para 10 of the complaint, it is denied that any cause of action has arisen to file this complaint against the bank   (7)That the contents of para 11 of the complaint are denied. The complainant is not entitled to any compensation from this opposite party. The claim is misconceived, frivolous, vexatious and filed for ulterior motive. The claim made by the Complainant is not maintainable and liable to be dismissed with costs.   (8)That the contents of para 12 of the complaint are strongly denied. It is denied that the complainant is entitled to the loss and compensation from this opposite party. This Opposite Party does not admit the claims made by the Complainant or any part of the same. It is submitted that the claims of the Complainant are liable to be dismissed with cost as being misconceived, frivolous, vexatious and filed for ulterior motives.   (9)That with reference to para 13 of the complaint, it is denied that any cause of action has arisen to file this complaint and this Forum has the jurisdiction to try this complaint against this Opposite party.   (10)That with reference to para 14 of the complaint, it is denied that any cause of action has arisen to file this complaint and therefore there is no question of filing this complaint within the limitation period.   (11)That with reference to para 15 of the complaint, it is denied that the Complainant is entitled to the reliefs as claimed or any other relief from this Forum. The complaint is liable to be dismissed with costs.   It is therefore prayed that the complaint be dismissed with costs.   For ABC Bank Ltd., Opposite Party Place By the hands of ……………. Dated Authorised Signatory Through ........................................Advocate   Verification   I …………….s/o …………….Working as Branch Manager, ABC Bank Ltd  …………….Branch ……………. And the principal officer and authorized attorney of the Opposite Party Bank hereby state on solemn affirmation that the contents of para 1 to …………….of this reply are true to my personal knowledge and belief and on the basis of records which I believe to be true, the contents of para …………….to …………….are based on legal advice which I believe to be true and the contents of para …………….are my submissions to this Hon'ble Forum.   Verified on this ……day of …2000 Signed at …………….on this …………….day of 2000.   Principal Officer Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

APPEAL BEFORE STATE COMMISSION UNDER SECTION 15 OF CONSUMER PROTECTION ACT. IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT.................... Appeal No..................... of 19.................... Appeal under Section 15 of the Consumer Protection Act against the order of District Forum.................... (mention place) A. B. (add description and residence)....................................... Appellant/Appellants versus  C. D. (add description and residence)................................. Respondent/Respondents To The Hon’ble President and his companion members of State Commission.  Sir, The Appellant/Appellants most respectfully showeth: 1. This is in appeal under Section 15 against the Order of the District Forum .................... (name of place) dated.................... in Consumer Complaint No. .................... of 19.................... 2. That the appeal is being filed within a period of 30 days from the date of Order as per the provisions of Section 15 of the Consumer Protection Act. OR That this appeal is being filed after the expiry of period of 30 days as it could not be filed within the prescribed period for the reasons mentioned in the application filed along with this appeal for condonation of delay. The said application is being disputed by an Affidavit. 3. Grounds of objections to the order appealed against may be set forth concisely and under distinct heads without any argument or narrative; such grounds are to be numbered consecutively. 4. Prayer clause with details of relief/reliefs being claimed are to be stated. Appellant/Appellants Dale.................... In person or through Counsel Annexure 1. Certified copy of order appealed against Section 15  15. APPEAL. Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed: Provided that the State Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. COMMENTS Procedure for hearing appeal  (Rule 15 of Consumer Protection Rules, 1987) 1. Memorandum shall be presented by the appellant or his agent to the State Commission in person or be sent by registered post addressed to the Commission. 2. Every memorandum filed under sub-rule (1) shall be in legible handwriting preferably typed and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such ground shall be numbered consecutively. 3.. Each memorandum shall be accompanied by a certified copy of the order of the District Forum appealed against and such of the documents, as may be required to support grounds of objection mentioned in the memorandum. 4. When the appeal is presented after the expiry of the period of limitation as specified in the Act, the memorandum shall be accompanied by an application supported by an affidavit setting forth the facts on which the appellant relies to satisfy the State Commission that he has sufficient cause for not preferring the appeal within the period of limitation. 5. The appellant shall submit six copies of the memorandum to the Commission for official purpose. 6. On the date of hearing or on any other day to which hearing may be adjourned, it shall be obligatory for the parties or their agents to appear before the State Commission. If appellant or his agent fails to appear on such date, the State Commission may in its discretion either dismiss the appeal or decide ex parte on merits. If the respondent or his agent fails to appear on such date, the State Commission shall proceed ex parte and shall decide the appeal on merits of the case. 7. The State Commission on such term as it may think fit and at any stage, adjourn the hearing of the appeal, but not more than one adjournment shall ordinarily be given and the appeal should be decided, as far as possible within 90 days from the first date of hearing. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

NOTICE TO DIVISIONAL MANAGER IDEA CELLULAR AGAINST WRONGFULDISCONNECTION OF THE MOBILE CONNECTION Advocate …………………………. Date:………………..   NOTICE Registered AD   The Branch Manager, Idea Cellular, ………………………….Service centre Pune   Dear Sirs,   Under instructions and for and on behalf of my client Mr. ...................................... resident of………………………….hereby serve you notice as under:   1 . My Client Mr.………………………….is the subscriber of Mobile No …………………………with your Mobile Service since  2.My client is regularly paying Mobile bills as and when received by him. On orabout………………………….my client's wife received a telephone call from the Call Centre informing that the telephone bill, dated………………………….in respect of the said Mobile No, amounting to Rs……………………has not been paid and if the said bill is not paid within two days, the Mobile No. will be disconnected. 3.My client immediately traced his paid Mobile bills in his records and informed the Sub-Divisional Officer, Idea Cellular Pune and the Accounts Officer, Idea Cellular ………………………….Mumbai about the payment of the said Mobile Bill, dated……………………On………………………simultaneously, my client also sent a letter enclosing the photocopy of the paid Mobile bill to the said Sub-Divisional Officer, Idea Cellular …………………Pune and the Accounts Officer, Idea Cellular……………………Pune and requested that as the Mobile bill has already been paid in time, the Mobile No may not be disconnected. It was also indicated in the said letter that the Mobile is very essential for my client for his profession and my client will incur a huge loss in case the Mobile is disconnected. 4.Inspite of payment of telephone bill in time and informing all functionaries of the Idea Cellular, to the surprise of my client, his Mobile No. was disconnected on ......................without any information and notice. 5. That my client contacted the H.O, Idea Cellular …………………Mumbai on ………………. and the said H.O informed my client that the said Mobile No. has been disconnected by mistake and the same will be re  connected soon. Thereafter the said Mobile No.remained non-functional for 25 days w.e.f…………………to…………………and was again connected on  6.That due to negligence on the part of Idea Cellular, my client has been deprived of the telephone for 25 days, due to which he incurred a huge loss of professional practice, harassment and suffered mental agony, and the Idea Cellular is liable to compensate my client for the same. 7.I hereby call upon you to pay a sum of Rs.40,000 (Rs.25,000 for professional loss @ Rs.1,000 per day for 25 days during the period telephone remained inoperative + Rs. 10,000 for harassment, mental agony + Rs. 5,000 for costs and expenses towards this notice) within a period of 20 days from the date of receipt of this notice, failing which my client will be constrained to file complaint before the District Consumer Forum against Idea Cellular for recovery of the said sum, at your risk as to costs and consequences.   Thanking you   Yours faithfully,   ............................. Download Word Document In English. (Rs.20/-) Download PDF Document In Hindi. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)

FORM OF COMPLAINT IN THE CONSUMER DISPUTES REDRESSAL DISTRICT FORUM AT......................... Consumer Complaint No..................... of 19....................  A. B. (add description and residence).............................. Complainant/Complainants versus  C. D. (add description and residence)..................... Opposite Party/Opposite Parties To The Hon’ble President and his companion members of the District Forum  Sirs, The complainant/complainants named above respectfully submits/submit as follows:  1. All facts relating to the complaint, particulars, place, date etc. are to be stated. 2. 3. 4. Details regarding cause of action at the place where the complaint is being filed. 5. Details relating to jurisdiction and value of goods/services and compensation claim are to be given. (The value of goods/services and compensation claimed should not exceed Rs..................... Ten Lakhs). 6. Prayer clause with details of relief/reliefs being claimed are to be stated. Place.................... Complainant/Complainants Date.................... In person or through Counsel VERIFICATION I/We.................... (Complainant/Complainants) son/sons of.................... resident of.................... do hereby solemnly declare and state that the contents particulars of the complaint stated above are true to the best of knowledge and belief. Nothing stated therein is false and nothing has been mis-stated/concealed therein. Verified at.................... this................. day of.................... 19.................... at.................... Deponent  Annexures 1. ........................ 2. ........................ Download Word Document In English. (Rs.15/-) Download PDF Document In Hindi. (Rs.15/-) Download PDF Document In Marathi. (Rs.15/-)

COMPLAINT AGAINST BANKING SERVICES TO DISTRICT FORUM Complaint to District Forum Relating to Deficiency in Banking/ Financing Service Before the District Consumer Protection Forum, Mumbai Consumer Complaint No. ____ of 2002 XYZ, s/o PQR, of ______ years, residing at _____________, and carrying on _______ business. ........ Complainant Versus Manager, ________ Bank, ___________ Branch, Mumbai. ........ Opposite Party The Complainant above named submits as under: That the complainant along with ABC and LMN, i.e. the three together, took an agricultural loan of Rs. __________ on ___day of ___________ from the Bank opposite party. That the repayment of the said loan was being made from time to time. But it was realized that the amount of the said loan was getting no reduction and illegal interest was being charged thereon. Therefore, the complainant, by a letter dated ________ asked the information from the Bank opposite party as to what was the rate of interest for the years 1999-2000 so that the said loan could be repaid in entirety. The true copy of the said letter is Annexure ''A''. That the opposite party started quarrelling with my representative on the receipt of the said letter, but did not intimate the rate of interest. Therefore, the opposite party was informed by registered letter No. ___ dated _______ that the conclusion drawn from the conduct of the opposite party was that there was no balance outstanding in respect of the said loan. Accordingly, the opposite party should close the account of the said loan. The true copy of the said letter is Annexure ''B''. That since the opposite party never intimated the rate of interest; therefore, the opposite party was informed by registered letter No. _________, dated _____ that only annual interest could be charged on agricultural loan and compound interest could be charged only if loan/ installment was overdue, therefore, the complainant had deposited Rs. _________/ in excess at the rate of 14% of interest, which should be refunded with ''no-dues certificate'' within one month, the true copy of the said letter is Annexure ''C''. But the opposite party, without disclosing any legal and valid reasons, has neither refunded the amount of excess deposit nor has given the ''no-dues certificate''. That it is a rule of law that annual interest can be charged on agricultural loan and compound interest can be charged only when loan/installment has become overdue. That since no installment of loan taken by the complainant from the opposite party was ever outstanding/overdue; therefore, there is no question of charging compound interest thereon. The complainant has repaid Rs. _______/- against the loan of Rs. ___________. The total interest payable thereon at the rate of 14% per annum is Rs. _______/- but the complainant has paid Rs. _________/- by way of interest. As such, the complainant has deposited/ paid Rs. _______/- in excess to refund which the opposite party is legally bound. PRAYER: In the above mentioned facts and circumstances it is most respectfully prayed that the Honorable District Forum may be pleased to: direct the Bank opposite party to refund Rs. _______ together with interest at the rate of 18% from __________, the date of last repayment to the date of payment and issue ''no dues certificate''. direct the bank to pay the complainant proper damages for the mental harassment caused by the Bank opposite party to the complainant. XYZ Complainant. Dated: Place: Annexure: A, B, and C. Download Word Document In English. (Rs.20/-) Download PDF Document In Marathi. (Rs.20/-)