BEFORE THE DISTRICT CONSUMER FORUM III,
150 C-BLOCK COMMUNITY CENTER JANAKPURI DELHI
COMPLAINT CASE NO. OF 2012
IN THE MATTER OF:
MR. KAMAL GUPTA COMPLAINANT
C/O HOUSE NO. 22 GALI NO. 10
EXTENSION-2B NANGLOI
DELHI-110041 VERSUS
1. MICROMAX INFORMATICS LTD. RESPONDENT
9/52/1 KIRTI NAGAR, INDUSTRIAL AREA
NEW DELHI-110015
2. SHEEBA TEL (MICROMAX STUDIO) RESPONDENT
20/1 PREM NAGAR JAIL ROAD
NEW DELHI
3. RAPID COMMUNICATION RESPONDENT
M5/104 GUPTA PLAZA, VIKAS PURI
NEW DELHI-110018

COMPLAINT UNDER SECTION 12 OF
THE CONSUMER PROTECTION ACT, 1986

Sir,
The complainant above named most respectfully submits as under:-
I. That the complainant is a peace loving and law abiding citizen of India and is an Insurance Advisor residing at the address given in the title of this complaint.
II. That the complainant has purchased a Micromax (Q5C) mobile set from respondent no. 2 on 22nd may 2011. Wide book no.16 invoice no. 780 (photo copy attached as annexure 1).
III. That within a week of purchase the set started having technical problems and when approached the respondent no. 2, Mr. Kunal took the set and asked the complainant to come after an hour.
IV. That after that the set again started showing problems and when approached the respondent no. 2 said to go to the service center (respondent no. 3).
V. That the complainant deposited the set to the respondent no.3 somewhere in October and set was returned after 15 days.
VI. That the set started showing new problem after few days and was again deposited to the respondent no. 3 on 8th December 2011 (copy attached as annexure 2).
VII. That after many visits the set was returned approximately after 20 days.
VIII. That the same thing happened again and again the set was deposited on 12th January 2012 to the respondent 3 (copy attached as annexure 3). Here it is not worthy to read the remarks given by them.
IX. That the set is with them till the day.
X. That the complainant has sent many E-Mail messages to the respondent no.1 (copy attached as annexure 4, 5, 6). That the company has no remedy to my problem.
XI. That the complainant is an Insurance Advisor with LIC and National Insurance. The contact no. is the assets to the business. But every time the set is deposited, all the memory is deleted from the set, which creates lots of problem to my business.
XII. That the behavior of the respondent no. 2 and 3 was very bad and many times used abusive languages as well as made me sit at their offices for hours.
XIII. That all this had hampered my business a lot.
XIV. That when all the remedies exhausted, the complainant was forced by the respondent’s conduct to seek legal remedy as there is no other efficacious remedy left except to file this present complaint case before this Hon’ble Forum.
XV. That all this have resulted in a huge loss to the complainant due to loss of data from the mobile, convince charges as well as mental agony in futile follow ups.
XVI. That the complainant is no way interested to take back the mobile set.
XVII. That the respondent is liable to compensate the complainant in the following manner:
a. Cost of set: Rs.2,800/-
b. Compensation for mental harassment and agony: Rs.10,000/-
And for convince charges as well for loss of data `
Total: Rs.12, 800/-
XVIII That this Hon’ble court/forum has got jurisdiction to entertain, hear and adjudicate upon the present complaint case, and grant relief as here in below prayed for.
Prayer:
It is, therefore, most respectfully prayed that this Hon’ble court/forum would graciously be pleased to direct/order to the respondents to pay a total amt. of Rs. 12,800/- along with interests @ 24% per annum to the complainant from the date on which the above said amt. became due/payable that is from the date on which the above said set was purchased, in the interests of justice.

DELHI: COMPLAINANT
DATED: -02-2012