DTI-8 Form No.

SF-CWD-05
Rev. No. 0
Date 19 Dec 2016
Sheet No: 3 of 4

COMPLAINT

THE UNDERSIGNED COMPLAINANT/S TO THIS HONORABLE OFFICE, MOS RESPECTFULLY

ALLEGE/S THAT:

1. NAME/S OF COMPLAINANT/S: AGE STATUS

a. FLORA N. BALLAIS 64 Y.O. WIDOW

b.
c.

ADDRESS:
a. Real St., District III, Babatngon, Leyte Contact No. 09396393351
b. Contact No.
c. Contact No.

2. NAME/S OF RESPONDENT/S:
a. NIONUCO VENTURES, INC.
b.
c.

ADDRESS:
a. P. Zamora St., Tacloban City, Leyte Contact No.
b. Contact No.
c. Contact No.

OWNER/MANAGER:
a. UKNOWN Contact No.
b. Contact No.
c. Contact No.

3. CAUSE/S OF ACTION:
a. ( ) VIOLATION OF THE CONSUMER ACT OF THE PHILIPPINES
(R.A. 7394) , MORE PARTICULARLY:

( ) PROVISIONS ON CONSUMER PRODUCT QUALITY & SAFETY

( ) PROVISIONS ON DECEPTIVE SALES ACTS OR PYRAMID SALES

SCHEMES

( ) PROVISIONS ON UNFAIR OR UNCONSCIONABLE SALES ACT OR

PRACTICES

( ) PROVISIONS ON REGULATION OF PRACTICES RELATIVE TO

WEIGHT AND MEASURES

( ) PROVISIONS ON LIABILITY FOR THE DEFECTIVE PRODUCTS

( ) PROVISIONS ON LIABILITY FOR DEFECTIVE SERVICES

 DTI-8 Form No. SF-CWD-05
Rev. No. 0
Date 19 Dec 2016
Sheet No: 3 of 4

( ) PROVISIONS ON LIABILITY FOR PRODUCT AND SERVICE

IMPERFECTION

( ) PROVISIONS ON LIABILITY FOR PRODUCT QUANITIY

IMPERFECTION

( ) PROVISIONS ON LIABILITY FOR SERVICE QUALITY IMPERFECTION

( ) PROVISIONS ON CONSUMER PRODUCT AND SERVICE

WARRANTIES

( ) PROVISIONS ON LABELING AND FAIR PACKAGING

( ) PROVISIONS ON PRICE TAG REQUIREMENT

( ) PROVISIONS ON ADVERTISING AND SALES PROMOTION

( ) PROVISIONS ON FALSE, DECEPTIVE AND MISLEADING

ADVERTISEMENT

( ) PROVISIONS ON PROMOTION OF SALES OF CONSUMER

PRODUCTS AND SERVICES

( ) PROVISIONS ON REGULATION AND SERVICE FIRMS

( ) PROVISIONS ON CONSUMER CREDIT TRANSACTION

( ) OTHER PROVISIONS CONTAINED THEREIN, SPECIFICALLY:

b. ( ) VIOLATION OF THE BUSINESS NAME LAW

c. ( ) VIOLATION OF THE LAW REGULATING THE BROKERAGE

BUSINESS

d. ( ) OTHER FAIR TRADE LAWS SPECIFY:

AND/OR

e. ( ) NARRATION:

I have purchased a mobile phone (Cherry Mobile, Flare S6 Mini) from Respondent on 17
November 2018. Days after the said purchase, the mobile phone started to reboot by itself
without my participation whatsoever. I have tolerated the issue believing that it might later on
find some stability. However, on December 17 2018, I have finally decided to bring the matter to
the seller (Respondent) since the issue persisted, the mobile phone no longer has power now. On
the same day, I was asked to submit the official receipt of the purchase as a pre-requisite of the
requested repair. However, despite diligent effort, I could not locate such official receipt. It was
only last 05 March 2019 that I was able to present the official receipt to the seller. The repair
ensued and last 22 March 2019 I was told that the mobile phone can already be claimed as repair
has already been undertaken. On 25 March 2019, I went to Respondent’s place of business to
 DTI-8 Form No. SF-CWD-05
Rev. No. 0
Date 19 Dec 2016
Sheet No: 3 of 4

claim what I was made to believe a repaired mobile phone. However, upon request to claim, the
releasing officer refused to hand me over the mobile phone because there were issues that
allegedly popped out last minute and the phone cannot be considered as completely repaired.
Aggrieved, I demanded that a replacement of the said mobile phone be made as I was unjustly
enriched by Respondent. I never got to enjoy the device because of the defect. I was deprived of
its value in money. But Respondent refused to acknowledge my claim and insisted that I submit
the same for further repair. Hence, this complaint before your office.

4. PROOFS/EVIDENCES (ATTACHED):

Attached is (1) a copy of the official receipt as proof of the purchase; (2) warranty
certificate; (3) Acknowledgement form of the repair.

5. RELIEF: COMPLAINANT/S PRAY FOR THE FOLLOWING:

(√ ) REFUND
( ) REPLACEMENT
( ) OTHERS:
____________________________________
____________________________________

IN WITNESS WHEREOF, I HAVE HERUNTO SET MY HAND THIS 26th DAY OF MARCH,
2019, IN TACLOBAN CITY.

FLORA N. BALLAIS
COMPLAINANT