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Siddharth Chaudhary (N.A.)     01 November 2013

Need help filing a suite in consumer court

Hi, after a lot of consideration, thinking and research finally i thought of posing a few questions on here i would be really obliged if someone can answer these for me 

A few details about the Suite i am going to file

  1. The District forum for me will be the one in South Delhi (Qutab institutional area).

  2. Claim is under 1 lakh.

  3. Its again S Mobility Ltd. (Spice Mobiles), the retailer and the Service center.

  4. The phone is worth INR 6700.

  5. I have already served a 30 days notice to the company and have'nt got any satisfactory answer

A little case history

The thing is i had bought this spice phone here from South Delhi itself on 18/8/12 from a spice hot spot in my name, after a few month i started having a few problems with the phone so I thought of visiting a service center, after checking  online for the addresses of such spice service centers there were a few close to my place when i visited them they were all shut down since a long time so well after a month of research i came to know about the only service center in Delhi at South Extension part 1. The first time I visited this service center in the month of December so receipt was issued to me and the phone was fixed hand to hand and it was ok for a month when again it developed some problems in Feb. and almost each month after that, the minimum time they had the phone with them each time was around 15 days and the max they had my phone with them was for like 2 months.

Finally after being fed up by the service center people I hired a private consumer Forum in April and they got my phone warranty extended for 4 month this time and got the phone replace not with a new one but some old phone.

concluding the company promised ICS upgrade for the phone when it was launched and it has been more than a year now no such update has been launched, The people at the service center never picked up the phones so i had to visit them each time and when asked why they dont answer to the calls they use to get into a verbal altercation with me. Even now as on 1/11/13 the phone is with the service center for repairs.

I have prepared a few papers for the case 

  1. An application

  2. Copy of bill as evidence of purchase.

  3. Copy of the Conversation with the Customer Care through Email which clearly stated that if I don't get a satisfactory reply i will take legal actions.

  4. Service Request Numbers.

  5. Transaction details from my State Bank of India Bank Pass book for the amount I paid to AKOSHA.COM (Under the name Avenues India Pvt. Ltd.).

So my questions are

I visited the consumer forum today and the person there told me to get a affidavit on a blank paper and not a stamp paper, i did have a paper something like this

 

Verification:


I Siddharth Singh Chaudhary, resident of (My 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

 

 

and this person there told me to get it made by some notary but when i visited a notary that guy told me it cant be done there and i had to get it sighed by I dont know whome, so the thing is do i need to get this document sighed by some other official too? i mean its a verification thingi and i will be signing there and stuff 

 

another question the person at the court told me to sign on every page and then make copies of it do i really need to sign on each page? and the amount i am asking for the mental harassment is fine or should i increase it? because its been more than a year since i am suffering with this bad handset

 

Sorry for the wall of text but i think it was important



Learning

 4 Replies

Ad Amjad Ali (Advocate )     02 November 2013

Yes, you have to follow all guidelines issued by consumer courts in different states.In failing of guidelines, your case may be rejected or reminder to file in proper format

BAALASUBRAMANNYAMM (Advocate)     02 November 2013

As of you, you are having sufficient required documents for filing a consumer case against the company. The last  2 paras  in your  question, are  treating as a procedure in the consumer forum. Dont worry about it. With regard to menal agony of Rs.1 Lakh as claimed by you, is fine. 

Siddharth Chaudhary (N.A.)     02 November 2013

I really appreciate your concern thankyou for all your help both of you :D

but i am still not sure that do i need to get that affidavit signed by an oath officer or a notary will do and even the people at the court dont answer clearly about it 

as for the mental harassment amount i am thinking of increasing it because that one year mental strain can not be compensated with 35k

Harish (Manager)     04 November 2013

Oath Commisioner can sign your affidavit.


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