BEFORE THE HON'BLE CONSUMER DISPUTES REDRESSAL FORUM

COMPLAINT NO. _____of 20______

In the Matter of:

Mr. ______________COMPLAINANT

VERSUS

_____________ OPPOSITE PARTIES

COMPLAINT UNDER SECTION 12 OF THE CONSUMER

PROTECTION ACT,1986 ON BEHALF OF SHRI Amar Prabhudas Patel,

MOST RESPECTFULLY SHOWETH:

1. That my client, Amar Prabhudas Patel is engaged in the business of

________________. The client is residing at 66, NijariPunj Society, Near
Radhaswami Satsang Ashram, with his family from last ____ years such this
Hon'ble Forum is competent to adjudicate the present Complaint.

2. The Opposite Party No. 1 is a famous Automobile Dealer based in

Ahmedabad and having dealership of renowned automobile manufacturing
company in the name of Kataria Motors. Further, ______________ is the
Famous Automobile Car Manufacturing Company and a subsidiary of Suzuki
Motors Corporation, Japan, and the India’s largest passenger car maker. The
___________ is engaged in the business of manufacturing and sale of passenger
vehicles in India.

3. That the Opposite Party No. 1 is having a good presence in India, with its
branches spreading over major cities and towns of India. That Opposite Party
No. 1 is spending enormous amount in publicising their products and boasting
about their efficient services, to which millions of people are being lured and
have availed their automobile services. The following array of paragraph
reveals cheating, fraud, dishonesty, gross deficiency of services and that how
my client was been misled by their representative.

4. That, after the complainant took a test drive of their demo car Maruti Ritz BS
IV, he was enticed and assured that Opposite Party No. 1 has good reputation in
market of their products and services. Thus convinced the complainant to buy
the car without offering any discount reassuring that the complainant would get
the latest model of car which was manufactured in December-2011. Therefore,
believing the assurances, the complainant ____________ paid booking amount
of Rs. 11,000/- on 20.12.2011 for Maruti Ritz VXI (ABS) BS-IV and in return,
the Opposite Party No. 1 had given a valid receipt of the same vide- Receipt No.
13534.

5. That Opposite Party No. 1 generated an Invoice vide No. 06973- DR4CD200
for the sum total of Rs. 4,61,776.00/- (Rupees Four lakh sixty one thousand
Seven hundred and Seventy Six only) on the aforementioned car dated
17.01.2012 alongwith a Sale Certificate in favor of the complainant dated
18.01.2021. On the day of delivery, the complainant received Maruti Ritz
VXI (ABS) BS-IV car having Chassis No. MA3EDKD1S00 278206, Engine
No. K12MN4063899 and the manufacturing month & year as December-
2011. While further confirming the Opposite Party No. 1 assured that the
manufacturing of the abovementioned car is December-2011. On being
assured, that the complainant is getting the latest manufactured model of Ritz,
the complainant got overwhelmed and without doubting the malafide
intention of Opposite Party No. 1 further took delivery of the car.

6. That in the column of month and year in Registration certificate, it is written

as ’12-2011’ i.e. (December-2011). To confirm the manufacturing date, the complainant
asked the RTO authority under RTI Act to furnish the details of the aforementioned car,
therein the receipt of few documents provided, it was clearly stated as “2011 manufactured
model”. Therefore my client was in strong belief that he received December-2011 model
as assured by Opposite Party No. 1 as well.

7. That the complainant wished to buy a new Brezza VXI car in exchange of the existing Ritz
car, so he went to the car showroom where he was attended by an executive of the
company. After a brief discussion about exchange policy, the attendee evaluated and
inspected the existing car and to the complainant’s shock, the attendee informed that the
car is manufactured in 2010 and not in December-2011 as was stated in Registration
certificate. My client was aghast after hearing this, thereafter on 24th December, 2020 he
mailed to the Sales Manager of Opposite Party No. 1 with due regards to resolve the
query about manufacturing year of the car but to the complainant’s shock and surprise
again, he reiterated that “As per our records your vehicle was manufactured in December-
2010”.

8. That the complainant has been cheated by Opposite Party No. 1 time and again by giving
false assurances, promises and commitments. The Opposite Party No. 1 instead of
delivering December-2011 model, delivered 2010 model which has created mental and
physical distress in complainant’s routine.

9. That complainant after learning the fact that Opposite Party No. 1 have cheated and have
played fraud with my client, my client has given one application under RTI Act to the
Regional Transport Office to know that which documents were submitted by you noticee
no. 1 to the RTO office on 19.02.2021. My client has received reply dated 16.03.2021
from the office of Regional Transport and received few documents wherein also,
surprisingly, you noticee no. 1 has submitted all documents by stating that the vehicle
 manufactured month and year is of 2011. Meaning thereby, you Noticees not only played
fraud with my client but also with the office of the RTO with misreprentation. My client
says that due to your fraud and cheat, my client has to face immense inconvenience,
physical discomfort and agony along with loss of cost in vehicle.
13. That the facts of the case clearly show that the opposite party had
dishonest intention to cheat and defraud the complainant. Due to this the
complainants have gone through mental harassment for many years and
caused monitory loss also to the complainants.

14. The issues involved in the Complaint can be summed up as under:

15. The Opposite party had offered to construct a Villa and the Complainants
had booked it by paying ________________

20. That in the facts and circumstances mentioned herein above the
Complainant has no other efficious remedy but to knock on the doors of this
Hon?ble Forum for justice.

21. That the Opposite Parties are not only guilty of deficiency in services by
not fulfilling their promises in due course of their services towards their
helpless Customers/ Consumers but also for mental torture and harassment to
the Complainant by unnecessarily misguiding and delaying the refund of
advance amount of ______________ along with interest.

Hence the Opposite Parties are liable refund amount

of______________________ along with interest @ __% p.a. from
_________ to till date towards refund of the application money paid at the
time of booking Villa; Rs._______/- towards deficiency in services,
Rs._______/- for causing mental torture and harassment to the Complainant,
Rs._______/- towards legal cost.

 That the opposite party is liable for breach of contact as it has not complied
with the terms of the guarantee and have acted extremely negligently in
attending to the complaint of the complainant and is therefore liable to
compensate the complainant for the loss and injury caused to him.

8.      That the cause of action arose on _______ date when the fax machine
developed certain faults as mentioned above. The cause of action further arose
on _______ date, when a written complaint was filed by the complainant.

     That for the purposes of section 11 of the Act, compensation claimed by the
complainant is below Rs. __________/- so this forum has jurisdiction to
determine and adjudicate this dispute.
10.   That the complainant is a consumer as defined under the act.

PRAYER:

In the above mentioned facts and circumstances it is most respectfully prayed

that the Hon''ble Forum may be pleased to:

a.      Order the opposite party to pay Rs. ________ as compensation and Rs.
_____________ as costs;

b.     Pass any other such order, as this Hon''ble Forum may deem fit and proper
in the interests of justice.

PRAYER

In the facts and circumstances of the case mentioned herein above, it is most
humbly prayed that this Hon'ble Forum may be pleased to:

a) direct the Opposite Parties to Pay to the Complainant ___________________

along with interest @ __% p.a. ____ to till date towards refund of the
application money paid at the time of booking Villa;

b) direct the Opposite Parties to pay to the Complainant Rs._____ for deficiency
in services;

c) direct the Opposite Parties to pay to the Complainant Rs.____ for mental
agony/harassment;

d) direct the Opposite Parties to pay to the Complainant Rs. ______ towards the
cost of legal expenses; and

e) pass any other order/orders which this Hon'ble Forum may deem fit in the
facts and circumstances of the case.

COMPLAINANT

THROUGH
____________
Advocates for the Complainants

Address:__________________