BEFORE THE DISTRICT CONSUMER DISPUTE REDRESSAL

FORUM,

DISTRICT THANE

CONSUMER COMPLAINT NO. ___________ OF 2013

Mr.XXXXX,
Ulhasnagar – 421003. ...Complainant

Versus

1. Ureka Forbes,
XXXXXX,
Mumbai – 400013.

2. The Chairman/Managing Director,

Ureka Forbes,
XXXXX,
Mumbai – 400013.

3. The Regional Business Head,

Ureka Forbes,
XXXXX,
Kalyan (W) – 421301.

3. Mr. XXXX
Ureka Forbes,
XXXXX,
Kalyan (W) – 421301. ..Opposite Parties

COMPLAINT UNDER SECTION 12 OF THE CONSUMER

PROTECTION ACT, 1986.

MOST RESPECTFULLY SHOWETH:

1. The Complainant is a consumer as defined under the Act.

2. The Opposite party No.1, Opposite party No. 2 is

Chairman/Managing Director and managing the entire business of

Opposite Party No. 1, Opposite party No. 3 is Regional Business

Head managing the sales and services of Opposite party No. 1

and Opposite party No. 4 is the sales agent of Opposite party No.

1 all are engaged in the business of selling Consumer durables like

Water Filter cum Purifier – Machine etc.

3. The Complaint state that, the Opposite party No. 4 induce the

Complainant to buy the said Machine with the assurance that the

Machine will be fine, useful and best quality.

4. The Complainant has purchased an Xguard Booster (Water Filter

cum Purifier - Machine) Bearing Model No. XXXXXXXX

(Machine) for his personal use from Opposite Parties on 22-06-

2013 and paid a sum of Rs. 9,190/- (Nine Thousand and Ninety

only) by cheque No. XXXXX dated 20-06-2013. Hereto annexed

and marked as Exhibit “A” is the Xerox copy of the Invoice/

Bill issued by the Opposite Party .

5. The said Machine was duly delivered on 23/06/2013 at

Complainant’s residential address situated at Flat No. XXX, Xst

Floor, X Building, Ramayan Nagar,Near Radhabai Chowk,

Ulhasnagar – 421003 through Logix Express Pvt. Ltd. for which

 Complainant has accepted the delivery of machine Hereto

annexed and marked as Exhibit “B” is the Xerox copy of the

Goods Consignment Note No. XXXXX dated 23.06.2013.

6. On 24-06-2013 an Engineer arrived from Opposite Parties office to

install the said Machine at Complainant’s residence. Immediately

after installation the engineer switched on the said Machine, but

unfortunately the said Machine did not functioned. In response he

has advised the Complainant to register the complaint with

Opposite Parties.

7. As per advice of Engineer on 25/06/2013 the Complainant had

made the complaint to the Opposite Party No. 4 and informed him

about the non-functioning of the said Machine. In response

Opposite Party No. 4 advised to lodge the complaint with Opposite

Party No. 1.

8. On 26-06-2013 complainant has lodged the complaint with

Opposite Party No.1 vide complaint No. XXXXXX and got the

assurance that the representative of the company will visit

complainant residence and will replace the machine.

9. After few days an Engineer of Opposite Party No.1 visited

Complainant’s residence and inspected the said Machine and

opined that the Machine is defective.

10. Immediately Complainant contacted Opposite Party No. 1 office

and requested to replace the said machine.

11. The complainant has made various complaints to Opposite Parties

offices and requested to replace the said Machine , the details of

complaints are given below :

i) On 01-07-2013 to Customer Care Center of Opposite Party No.

1 vide complaint registration No. XXXXXXX.

ii) On 03-07-2013 to Opposite Party No. 4.

iii) On 05-07-2013 to Opposite Party No.4.

iv) On 06-07-2013 to Opposite Party No.4.

12. After various request and compliant’s as detailed above a service

person Mr. XXXXXX from Opposite Parties office visited

Complainant residence and said that the machine is not working &

asked complainant to write the problem on the job card & assured

that the machine will be replaced Hereto annexed and marked as

Exhibit “C” is the Xerox copy of the Job Card

13. Again on various other occasion the complainant has made

complaints to Opposite Parties offices and requested to replace

the said machine or return the amount paid , the details of

complaints are given below :

 i. 11-07-2013 at Customer Care Center and got the assurance

from Mr. XXXXX that the complaint will be addressed and

machine will be replaced.

ii. 15-07-2013 at Customer Care Center and got assurance that

by evening the problem will be addressed & the same will be

reported to the Head of Department – Miss XXXXXX.

iii. On 16-07-2013 Customer Care Center and got the assurance

that the machine will be replaced

iv. On 17-07-2013 at Customer Care Center spoken with Mr.

XXXXXX and got the new complaint registered vide Complaint

No. XXXXX and got the assurance that, within 2 hours s

company’s office will call to resolve my complaint.

14. The Opposite Party No. 1 to 4 did not bother to replace the

machine till date and the Complainant is suffering due to non-

availability of the water purifier, which is very dangerous for

complainant and his family member including Sr. Citizen Parents.

15. In the above circumstance and due to non-replacement of the

machine, the Complaint has sent the, notices to Opposite party

No. 2 & No. 3 calling upon. to replace the machine or refund the

amount paid Hereto annexed and marked as Exhibit “D”and

“D1” are the Xerox copy of the acknowledgement for receipt

of notice.
16. That the cause of action arose on 23-06-2013 date when the

machine was delivered.

17. The complaint state that the subject matter of present complaint is

below Rs. 20 Lac. The Honble Forum has jurisdiction to try ,

entertain and dispose off the present complainant.

18. The complainant declare that no other dispute has been filed in

this Hon’ble Forum or any other courts in India regarding the

subject matter of the present dispute.

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 Machine (Xguard Booster-Water Filter cum

Purifier) along with 12% interest thereon till the date of refund

(b) Pay a sum of Rs. 1,00,000/- towards enormous mental and

physical agony suffered by the complainant and his family

members and

(c) Pay a sum of Rs. 10,000/- towards cost of this petition and fees for

the legal counsel and advocate.

For the act of kindness, the complainant shall be as in duty bound, ever

pray.
Solemnly affirmed at Mumbai

this day of August , 2013

(Complainant)

Place:

Dated:

VERIFICATION:

I XXXXXX Son of XXXXXXXX Residing at Flat No. , Floor, X Building,

Ramayan Nagar, Near Radhabai Chowk, Ulhasnagar - 421003 do

hereby solemnly affirm and state that the contents and particulars of

the complaint stated above are true and correct to the best of my

knowledge and belief and no part of it is false and nothing material has

been concealed therein.

Verified at __________ on ___ day of __________ 2013

(Complainant)