5] Draft a Consumer Complaint alleging defect in
  goods or deficiency in service.
 
 
For defective good
 
 
CASE : Mr. X purchases a mixer grinder from M/s Y & Co. operating in
 
the same town, in December 1998.  Even within the warranty period of
 
1 year the grinder fails. M/s Y & Co. fails to rectify the defect. The
 
manufacturer M/s Z Ltd., was also unable to rectify the mixer grinder. 
 
Frustrated, Mr. X finally approaches the District Forum.
 
  PETITION COMPLAINT
 
  BEFORE THE HON’BLE PUNE DISTRICT CONSUMER DISPUTES
  REDRESSAL FORUM, AT PUNE
 
  Consumer Dispute Case No. ........./2020
 
  A petition under Section -11 of Consumer Protection Act 
  and
 
  In the matter of :
 
  Mr. X 
  Somwar Peth, Pune.                      ...... Complainant
 
  Vs.
 
  1. Proprietor,
      M/s Y & Co. 
     NIBM, Kondhwa khurd.
 
  2. Managing Director,
      M/s Z Ltd.,
     NIBM, Kondhwa khurd.                         ..... Opposite Parties
 
  To 
  Hon'ble President and 
  Members of District Forum 
  Pune District.
 
  The complainant respectfully submits to the Honourable Court as
  under:
 
 
  This complaint petition is being filed on behalf of Mr. X, Somwar Peth
  referred hereafter as Complainant,  and is as follows :
 
  1.   That this complaint Petition is being filed under Sec. 
  2 (1)(b)(i) of the Consumer Protection Act.
 
  3. That the opposite party No. 1 is a Proprietor of M/s Y Ltd is engaged
  in the business of selling Consumer durables like refrigerator, TV, Mixer
  Grinder, etc. to the public for a consideration, apart from other
  activities.
 
  4. That the Opposite Party No. 2is a Managing Director and is the
  manufacturer of 'A' brand mixer grinders and other electrical
  household gadgets and that the mixer grinders of O.P. No. 2 are sold in
  retail by O.P. No. 1.
 
  (Narration of the incident)
 
  1.  That on 26th December 2019 , the complainant purchased one 'A'
  brand Mixer Grinder, Sl. No.......  manufactured by O.P. No. 2 from the
  show room of O.P. No. 1, vide Cash memo No...(Cash memo /Cash
  receipt No.), a photocopy of the said document is furnished at
  Annexure - I.
 
  2.  That the mixer grinder abruptly stopped functioning on 8th January
  2020 in Afternoon.
  And the matter was immediately reported to O.P. No. 1. As per his
  advice the defective mixer grinder was handed over in their Service
  Centre, on 9th January 2020.  A photocopy of the Service Centre
  receipt is furnished at Annexure - II.
 
  3.  That the mixer grinder was returned back after rectification on 24th
  January 2020.
 
  4. That the mixer grinder was put to use on 25th January 2020. After
  running hardly for 5 minutes, the mixer grinder once again totally
  failed.
 
5.   That the Complainant immediately reported the matter to O.P. No.
 
1 and also complained to O.P. No. 2.  Copy of the letter is furnished at
 
Annexure - III. (Furnish important relevant documents.)
 
 
6.  That as per the advice of O.P. No. 1 the defective Mixer Grinder was
 
once again handed over to their Service Centre on 30th January 2020.
 
There was inordinate delay in rectifying the defect by O.P. No. 1.    In
 
April 1999 O.P. No. 2 advised O.P. No. 1 to replace the Mixer Grinder,
 
 
  Copy of the said letter is furnished at Annexure - IV.
 
  7.   That the O.P. No. 1 did not bother to honour the directive of O.P.
  No. 2 and till date the Complainant is suffering due to non-availability
  of the Mixer Grinder.
 
  8.  That the O.P.s had supplied defective good and they have to make
  good the losses suffered by the complainant.
 
  PRAYER
 
  In view of the submissions contained in the preceding paragraphs, the
  complainant most respectfully prays to the Hon'ble Forum to direct the
  Opposite Parties to :
 
  (a) refund the cost of the Mixer Grinder, Rs. 13,000 along with 18 %
  interest; 
  (b) pay a sum of Rs. 10,000/- towards the physical strain and mental
  agony suffered by the complainant and his family
  members (compensation) ; and 
  (c) pay a sum of Rs. 1,000/- towards cost of this petition.
 
  For which act of kindness, the complainant shall, as is duty bound, ever
  pray.
 
 
                                                                                    Signature
                                                                                      (X) 
                                                                                   Complainant
6] Draft a Leave and Licence Agreement.
This agreement of LEAVE AND LICENCE, made and executed on this day 4th day of Feb.2018
at Pune.

BETWEEN

Mr. ABC, age-45 yrs. Occ- Business./at-885/4-1, Bhandarkar Road, Pune-411004,

Hereinafter called as the Licensor, (Which expression shall unless repugnant to the context,
means and includes his heirs, executors, assignees and administrators)

……………….. PARTY OF THE ONE PART

AND

Mr.XYZ, age-50 yrs. Occ- Service, R/at- A/4, Neelmohor Deccan, Pune, hereinafter called as
the License, (which expression shall unless repugnant to the context means and includes his
heir, executors, administrators and assignees)

……………..PARTY OF THE OTHER PART

WHEREAS, the Licensor is the owner of a flat bearing no.44 on the first floor in the building
known as shantikunj and situate at Waswani Chowk, Pune-411001.

AND WHEREAS, the Licensee has approached the Licensor with a request to allow the
Licensee to temporarily occupy and use the said flat on leave and license basis until the
Licensee gets other more suitable accommodation.

AND WHEREAS, the licensor has agreed to grant leave and license to the licensee to occupy
and use the said flat on the following terms and conditions agreed to between the parties
hereto.

NOW THIS AGREEMENT OF LEAVE AND LICENSE WITNESSES and it is hereby agreed by and
between the parties as follows:-

1. The Licensor hereby, grants leave and license unto the Licensee to occupy the said flat of
the said of the licensor for a period of eleven months from 4th Feb. 2018 to 4th Dec. 2018.

2. The Licensee shall pay to the Licensor a sum of Rs.5000/- per month as License fee and
such amount shall be payable by the Licensee before the 5th day of each month.

3. All the Municipal taxes and other taxes and levies in respect of the licensed premises will
be paid by the Licensor alone.

4. That the Licensee shall also pay the electric charges and water charges consumed for the
licensed premises.
5. That the Licensee shall enjoy the licensed premises with at most care and the Licensee
shall be at liberty to use the fittings, fixtures and furniture’s provided in the premises.

6. That the Licensee shall use and enjoy the licensed premises for his residence only and
shall not allow or induct any other person to stay with him except his guest on occasions.

7. That the Licensee shall maintain the licensed premises in good condition and will not
cause any damage thereto.

8. That the Licensee shall not carry out any work of structural repairs or additions or
alternations to the said premises, without written consent of the Licensor.

9. That the Licensee shall not cause any nuisance or annoyance to the people in the
neighbourhood or store any hazardous goods on or outside the premises.

10. That if the Licensee want to vacant the premises before expiry of 11 months he can do
so without giving any notice but shall hand over vacate and peaceful possession of premises
unto the Licensor only.

11. That the License shall deposit with the Licensor on the execution of this agreement a
sum of Rs. 20,000/- (Twenty Thousand) which will be refundable to the licensee on the
termination of his licence.

12. That all the expenses of stamp-duty and registration charges shall be paid out by the
Licensee only.

IN WITNESSES WHERE OF, the parties hereto have signed and executed hereunder this
LEAVE AND LICENCE AGREEMENT AT Pune on the above mentioned date.

WITNESSES- LICENSOR

1. Sd/-

Name: ROT

Address- 425, Somwar Peth, Pune

2. Sd/- LICENSEE

Name-PQS

Address-313, Bhandarkar Road, Pune