The consumer protection act is providing the protection and promotion of the rights and interests of the consumers, it also provides the speedy redress of consumer complaints. The manufacturer should be liable for the damages because the consumer renders the product defective when such damage arose from a reasonably anticipated use of the product by a consumer. As there are different kinds of defects such as a defect in construction, composition, design, inadequate warning, non-conformity to express warranty, etc. The manufacturer does not liable for those responsibilities which are not mentioned in the terms of the product. It is also clarifying that this act does not include the products which are bought and used for the commercial purpose. For the claim of the damages the consumer may file the complaint under the Punjab Consumer Protection Act, 2005, and the formation of the complaint is as under;
BEFORE THE HONORABLE CONSUMER COURT, (DISTRICT)
(Affix the court fees as per law)
(Name, parentage and address)
(Name, parentage, and address).
COMPLAINT UNDER SECTION 25 AND ALL OTHER RELEVANT PROVISIONS OF THE PUNJAB CONSUMER PROTECTION ACT, 2005.
- That the addresses of the parties have been given correctly for the services of summons and notices etc.
- That the brief facts leading to raise the present complaint are that Complainant repaired his vehicle’s (Honda ———–, numbered —————) door glasses and gave the wage amount Rs. ————-/- regarding the Respondent’s work, the work was not properly done by the Respondent.
- That Complainant next day again went to the Respondent and made a complaint regarding the defects work, said for re-examine.
- That the Respondent firstly flatly refused to do so and threatened for severe consequences but after the intervention of Respectable of the surrounding he agreed for re-examine.
- That the Respondent connected the wrong wires voluntarily during the re-examination, resultantly Complainant lost as follow;
Affected Parts: No. Rs.
Motors 4 ——–
Headlights 2 ——–
AC Compressor 1 ——–
(Burnt due to wrong wires connection)
Loss in income due to non-booking of 5 days ——–
(Copy of the Receipt is annexed herewith)
- That thereafter Complainant next day again visited the Respondent’s workshop but this time the Respondent not only scurrility but also threatened for life, then the Complainant came back and served him a legal notice for his misconduct and pay for compensation but the result was same the Respondent clinging on his bigotry and the Respondent called the Complainant’s legal advisor to threat to away from matter.
(Copy of the Legal Notice & Screen short of the call record is annexed herewith)
- That Complainant requested the Respondent to repair the vehicle as above said paras but the Respondent fails to do so and declining to accede the genuine request/ demand of the Complainant for which the Respondent is liable to be prosecuted before the Honorable Court.
- That apart from the refusal of the Respondent has disrepute, degraded, and ridiculed Complainant which created mental torture, shock agony, and financial loss and also misbehaved within the presence of his staff and other consumers.
- That the cause of action accrued in favor of the Complainant and against the Respondent due to the above said facts and circumstances and finally when the Respondent refused to accede the genuine request of the Complainant, which is still continuing.
- That the parties to the complaint are residing at ———, the cause of action also accrued at ———, therefore, this Honorable Court has got the jurisdiction to try and adjudicate upon the matter.
- That the requisite court fee has been affixed on the petition.
Under the above-mentioned circumstances, it is, therefore, most respectfully prayed that the complaint in hand may very kindly be accepted by passing an appropriate order may very kindly be passed in favor of the Complainant and against the Respondent directing him to pay the compensation amount Rs. ————–/-.
Any other relief, which this Honorable Court deems fit and proper in the circumstances of the case may also be awarded.
(Name and address of the counsel)
“It is verified on oath at ——-, on this day of ———-, ——- that the contents of the complaint Para No. 1 to 9 are true to the best of my knowledge and rest of Paras No. 10 to 11 are correct to the best of my information and belief and nothing has been concealed therefrom”.
Note: The Complaint should be supported by the affidavit of the Complainant.
This article provides the complete guideline to file the complaint under the Punjab Consumer Protection Act, 2005.