IN THE COURT OF DISTRICT COMSUMER DISPUTE REDRESSAL

COMMISSION, EAST DELHI, NEW DELHI

O.S NO. ___________/2024

BETWEEN:

MR. A,
S/O MR. R
Aged about 31 years
520, Defence colony
Preet Vihar, New Delhi- 110092 … Plaintiff

AND

XYZ Electronics Pvt. Ltd.

Represented by Mr. H
D-87, Vijay Marg
Laxmi Nagar, New Delhi- 110092 …Defendant

PLAINT FILE UNDER ORDER Ⅶ RULE 1 OF THE CODE OF CIVIL PROCEDURE,1908

The plaintiff respectfully submits as follows:

1. The address of the plaintiff for the purpose of service of this Hon’ble Courts summons,
notices etc. is as shown above in the cause title.
2. The address of the defendant for the purpose of service of this Hon’ble Courts summons,
notice etc. is as shown in the cause title.
3. The plaintiff can also be served through his counsel Mr. Robin Pawar, A-61, Laxmi Nagar,
New Delhi- 110092
4. It is submitted that the plaintiff is a permanent member/resident of New Delhi and a Data
Analyst by profession.
5. It is submitted that the plaintiff purchased a smartphone from XYZ Electronics Pvt. Ltd. (on
07/08/2023) for Rs 48000/- (Forty-Eight Thousand).
6. It is submitted that on the date of purchase defendant assured him that smartphone is free
from any kind of defect and provided one year warranty on smartphone.
 7. It is submitted that Plaintiff was using his phone on daily basis for both personal and
professional use. (On 25/09/2023) He encounter issues in network, display and other
malfunctions as well.
8. The plaintiff (on 27/09/2023) visited Defendant store and explained them the malfunctions
encountered by him. Defendant’s employees checked the phone, repairs it and assured the
plaintiff that it is in good condition for use.
9. It is submitted that the plaintiff (on 05/11/2023) again encountered the same issues which had
been previously faced by him. The plaintiff again visited defendants store, explains the issues
faced by him and defendant assured the plaintiff that they will replace the phone with a new
one within one month (i.e.,05/12/2023).
10. It is submitted that the defendant failed to provide replaced phone on the promised date and
asserted that it is the plaintiffs fault due to which phone is not in good working condition due
to which the plaintiff suffered some financial loss and emotional loss as well.
11. Cause of action arose on 05/12/2023, when plaintiff visited defendant’s store for collecting
new smartphone and defendant failed to provide new smartphone by giving reason of plaintiff
own fault and the cause of action is still subsisting.
12. It is submitted that the plaintiff manages his most of the work through his smartphone and due
to malfunctions he was not able to manage his work properly which leads to loss in his
business.
13. The plaintiff visited several times for repair and replacement of the smartphone due to which
he faced inconvenience and when defendant failed to provide new smartphone in
replacement, he also faced emotional distress.
14. It is submitted that the defendant in his sales agreement contended that the smartphone is free
from the defects and in a good working condition. The plaintiff asserted that the defendant
failed to provide the smartphone as stated above in the sales agreement. Therefore, defendant
did a breach of contract.
15. According to Section 34 of Consumer Protection Act, 2019, the liability arose on the
defendant to compensate for the harm suffered by the plaintiff due to the defective product.
16. It is submitted that aggrieved by the defendant inaction and loss suffered. The plaintiff seeks
the compensation of Rs 1,00,000/- (One Lakh Rupees) for the financial losses, inconvenience
and emotional distress.
LIMITATION
The present suit is filed in time and within the period of limitation as prescribed under law.

JURISDICTION
The cause of action of this suit arose within the territorial jurisdiction of this Hon’ble Court and
therefore this hon’ble Court has jurisdiction to entertain this suit and may kindly dispose of the suit in
accordance of law.

COURT FEE
1.The plaintiff has paid ₨ 8050-/ (Eight Thousand Fifty Rupees) towards court fee by way of
demand draft favoring registrar East Delhi District Consumer Dispute Redressal Commission as
prescribes under Court Fee Act.
2.No suit or any other legal proceeding on the same cause of action is pending before another Court,
Tribunal or Authorities.
 PRAYER
Wherefore the plaintiff prays before this Hon’ble Court to pass a judgment and decree as against the
defendant which is as follows:
1. To direct the defendant to replace the smartphone or repair it within a reasonable time.
2. To direct the defendant, compensate Rs 1,00,000/- (One Lakh Rupees) for the financial loss,
inconvenience and emotional distress incurred by the plaintiff.
3. Alternatively, if this Hon’ble Court comes to the conclusion that the prayer has sought for by
the plaintiff can not be granted as stated in the clause 2, this Hon’ble Court may direct the
defendant the refund the valued amount of the smartphone i.e., 48000/- (Forty-Eight
Thousand)
4. To direct the defendant to pay court cost to the plaintiff.
And to grant such other reliefs based on the facts and circumstances of the case and in the interest of
justice and equity.

Place: New Delhi Plaintiff

Date: 03/01/2024
A

Advocate for Plaintiff

Robin Pawar
 VERIFICATION
I, A the plaintiff above state hereby verify and confirm that whatever stated in para 1 to 16 in the
above said plaint are true and correct to the best of my knowledge and information.

Place: New Delhi Plaintiff

Date: 03/01/024
A
IN THE COURT OF DISTRICT COMSUMER DISPUTE REDRESSAL
COMMISSION, EAST DELHI, NEW DELHI
O.S NO. ___________/2024

BETWEEN:

MR. A,
S/O MR. R
Aged about 31 years
520, Defence colony
Preet Vihar, New Delhi … Plaintiff

AND

XYZ Electronics Pvt. Ltd.

Represented by Mr. H
D-87, Vijay Marg
Laxmi Nagar, New Delhi … Defendant

VERIFYING AFFIDAVIT
I, A aged about 31 years, son of Mr. R, Data Analyst by profession residing at 520, Defence Colony,
Preet Vihar, New Delhi.

Do hereby verify and state an oath which is as follows:

1. I am the plaintiff in the above said case and I am aware of the facts of the case.
2. I State that whatever stated in para 1 to 16 In the accompanied plaint are true and correct to
the best of my knowledge and belief.
3. I state that the document no 1 attached with the plaint are true copies of original.

Whatever stated above is true and correct to the best of my knowledge and information.
Below stated is my correct name and signature.

Place: New Delhi Plaintiff

Date: 03/01/2024
A

Identified by me

Advocate