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kabir (lawyer)     12 April 2009

legal draft-help

 HI lawyer friends... i need little help... can any1 draft me a legal complaint...i am new lawyer just one month old in this field.. i got one case from my friend.. he had purchased PEN drive from some computer store.. MRP written on the packet of pen drive is 350 rupees but the shop owner charged him 400 rs and gave bill of 400rs... when my friend asked reason behind it shop keeper replied the compny AB writes 350 but they told us to charge 400.. AB compny doin this in order to save VAT and other charges.. when my friend denied to purchase shop owner replied once bill been made u ve to purchase or else u ll b in trouble.. now what to do in this case?? can any1 draft me legal complaint....



Learning

 7 Replies

tarun goyal (Govt. service)     13 April 2009

dear first clarify to whom u wish to file the legal complaint. if it is to the company, then it will be simple statement of facts along with copy of bill. secondly, since this is aconsumer case. u can first give a notice to the erring shopkeeper and them file the case in consumer court. this is not a difficult procedure.

1 Like

sanjay singh thakur (advocate)     13 April 2009

Dear Kabir

First of all I welcome you to this very noble profession. Secondly, remember for drafting any case first of all get one format from any Lawyer known to you and just try to present your case in a better and simple language. However for your information as per facts given by you the case is to be filed in the District Consumer Forum under Sections 11 and 12 r/w sections 2 (1) (r) etc. You will have to pay the court fee of Rs. 100 in the form of Postal Order and complaint can be filed on taffidavit on simple format normally provided by the Forum. Do not hesitate if you have any further query.

Regards.

1 Like

kabir (lawyer)     13 April 2009

i want to file complaint against shopkeeper... because i personally checked with other shops but price is 350 only... i will make company 2nd party.. but the main accuse is shopkeeper... so please draft a complaint/suit for it.... thanks sir...

kabir (lawyer)     13 April 2009

and one other thing.. i gave notice to shop keeper as well as compny but no reply from both sides... i am new 1 so don't know how to proceed ahead....because after i gave notice i thought they will surely give response but no response from either side...

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     14 April 2009

I do agree with my Ld. Friends' views.

 

tarun goyal (Govt. service)     15 April 2009

one more suggestion, although u are new in this field , still if u can afford go for a Book authored by D'Souza on Drafting, pleading and conveyancing. this book contains various model forms for complaints and drafts for varoius forums

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     16 April 2009

Consumer complaint format


BEFORE THE HON’BLE NATIONAL / STATE / DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION/FORUM AT ( CITY ).
 
COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.

IN THE MATTER OF : (Name and address of complainant)

                                                                        .................... COMPLAINANT

VERSUS

                                 (Name and address of the accused)

                                                                        .................... OPPOSITE PARTY

INTRODUCTION:

A brief paragraph about the complainant explaining the name, residence address and occupation of the complainant.

A brief paragraph about name, address and occupation of the opposite party.
 
 

RESPECTFULLY SHOWETH:

1. Description of the deal and services promised by the opposite parties for the value paid by the complainant.

2. Description of the advertisements given by the opposite parties which attracted the complainant to purchase the commodity and services.
 

TRANSACTION :

Details of the price of goods and services.

Details of the bill/invoice (bill number and date, item and amount)

Details of payments made by complainant (cheque number/cash, etc.)
 
 

NATURE OF COMPLAINT:

(select from list or write as required)

1. Misleading advertisements and false representation.

2. Cheating by giving false promises.

3. Deficiency in after sales service or not abiding by warranty clause.

4. Harassment by the opposite party.

5. Not delivering the goods and services for which payment is made.

6. Charging excess amount.

7. Any other factors that affected the consumer.
 
 

OTHER EVIDENCES OF SUPPORT OF COMPLAINT:

Copy of advertisement and catalogue that promised the concerned goods and services.

Copy of bill as evidence of purchase.

Other documents such as agreement copies, bounced cheques, opposite parties' letters.

Copy of letters sent to the opposite party to request for rectification of fault and settlement of the grievance.
 
 

JURISDICTION:

(Select one)

As the total amount involved is more than Rupees 1 crore, the complaint is being filed with the Hon'ble National Consumer Disputes Redressal Commission.

OR

As the total amount involved is more than Rupees 20 lakhs and less than 1 crore, the complaint is being filed with the Hon'ble State Consumer Disputes Redressal Commission.

OR

As the total amount involved is less than Rupees 20 lakhs, the complaint is being filed with the Hon'ble District Consumer Disputes Redressal Forum.
 
 

PRAYER:

 

The complainant therefore prays :-

i) relief be granted to the complainant as demanded herein.

ii) that such orders be passed as the Hon'ble Consumer Forum may deem fit in the circumstances of the case.

iii) that the accused should be punished severely so that culprits of similar kind would be afraid to indulge in such criminal activities.

iv) mention any other statement of prayer you wish to state.

 

PLACE :                                                                    Signature

DATED :                                                        NAME OF THE COMPLAINANT
 

VERIFICATION

I (name of complainant), resident of (residential address) hereby declare that I have not misrepresented any facts nor have tried to hide any information in my above complaint. All the facts mentioned herein are true to the best of my knowledge.

                                                                  Name & signature of the complainant

Please note: The affidavit should be notarized before further copies of complaint set are made for submission.

Arrangement of the complaint papers:

All papers to be kept in paper file in following order:

1. Complaint

2. Affidavit

3. List of documents

4. Documents

5. Vakalatnama

6. Application for injunction (if any)

7. Application for condonation of delay (if any)

 

Page numbers to be written on lower right corner.

 

Deposit the complaint file at the consumer court along with appropriate court fee.


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