Before the District Consumer Disputes Redressal Forum at Lucknow Complaint No.

_________of 2014 AKASH, M-9, CHANDERLOK COLONY, B/H SILVER CITY CINEMAS, RAJPUR ROAD, DEHRADUN, UTTRAKHAND 248 001 Complainant

Versus

MANAGING DIRECTOR, HTC INDIA PVT. LTD., G-4,

BPTP PARK CENTRE, SECTOR-30, NEAR NH-8, GURGAON, HARYANA 122 001 ...Opposite Party 1

&

THE MANAGER, TVS ELECTRONICS LTD., H.NO-3/37, VINAY KHAND, NEAR PATRAKAR CHAURAHA, GOMYI NAGRA, LUCKNOW, UTTAR PRADESH ...Opposite Party 2

...Opposite Parties

Complaint under Section 12 of the Consumer Protection Act, 1986 IT IS RESPECTFULLY SHOWETH: 1. That, the Complainant is a resident of M-9, Chanderlok Colony, B/H Silver City Cinemas, Rajpur Road, Dehradun, Uttrakhand 248 001. The Complainant had purchased a HTC Mobile handset from Opposite Parties. 2. The Opposite Party No. 1 is the manufacturer of the above said goods and Opposite Party 2 is its authorized service center in Lucknow.

That the facts of the present case, in brief, are as follows:

3. That, the Complainant had purchased a HTC Desire SD 600 mobile handset bearing IMEI No. 357209051300438, after making a payment Rs. 27,500/- in cash on 01-01-2013. [Attached herewith is a copy of the receipt of purchase as Annexure I]. 4. That, within weeks of purchasing of the above-mentioned handset, the Complainant started experiencing problem with the above mentioned handset as the said handset initially used to hang and subsequently started switching off on its own. 5. That, as a result of the above mentioned, the Complainant contacted the executives of the Opposite Parties and filed a complaint regarding the malfunctioning of the handset and subsequently the Complainant was directed to contact Opposite Party 2. 6. That, when the Complainant contacted the executives of the Opposite Party 2, the executives of the Opposite Party 2 inspected the said handset and

submitted the same for repairs. [Attached herewith is a copy of the job sheet as Annexure II]. 7. That, after getting back the said handset post repairs the Complainant again experienced the same problem with the handset and again submitted the said handset for repairs with the Opposite Party 2 on 25-02-104. [Attached herewith is a copy of the job sheet as Annexure III]. 8. That, despite continuous follow-ups the handset was not returned by the Opposite Parties and was with the Opposite Party 2 for more than a month. 9. That, however in furtherance of a letter sent to the Opposite Parties dated 0503-2014, the Opposite Party 2 returned the said handset with due repairs . [Attached herewith the copy of the letter in Annexure IV and its courier receipt in Annexure V]. 10. That, the Complainant states that he was made to suffer endlessly for the Opposite Partys inefficiency and poor services. The actions of the Opponent are liable under Section 2(1)(g) of the Consumer Protection Act, 1986 for deficiency of service that means any fault, imperfection or shortcoming or inadequacy in the: Quality, Nature, and Manner of Performance that is mandated to be maintained under law or under a contract. 11. That, this Honble Forum has got pecuniary jurisdiction to entertain this Complaint as the compensation claimed does not exceed Rs.20,00,000/-. 12. That, this Honble Forum has got the territorial jurisdiction to adjudica te as the cause of action arose in Lucknow. Hence the matter falls within the territorial jurisdiction of this Honble Forum. 13. That, the cause of action arose on 01-01-2013. Therefore, the complaint is within the limitation period.

14. That, the Complainant has not filed any such or similar complaint against the Opposite Parties herein, with respect to the same cause of action, in any other court of law. No such or similar complaint is pending adjudication before any competent court of law. In view of above stated facts and circumstances it is respectfully prayed that this Honble Court may kindly be pleased to:i) direct the Opposite Parties to apologize for all the inconvenience caused to the Complainant; ii) direct the Opposite Parties to pay a sum of Rs.40,000/- towards the mental agony suffered by the Complainant; and iii) direct the Opposite Parties to pay a sum of Rs.1,000/- towards cost of this petition; iv) or any such orders and reliefs deemed fit and proper by this Honble Forum in view of the facts and circumstances of this case. for which act of kindness, the Complainant shall, as is duty bound, ever pray.

Place Dated:

Complainant

VE R I F I C A T I O N

I, Mr. Akash, do hereby on solemn affirmation state and verify that the contents of Para nos. 1 to 10 of the complaint are true and correct to the best of my knowledge and nothing has been concealed there from and the contents of Para nos.11 to 14are in the nature of legal submissions which I believe to be true.

Place Dated:

Complainant

AFFIDAVIT IN SUPPORT OF THE COMPLAINT Before the District Consumer Disputes Redressal Forum at Lucknow Complaint No. _________of 2014 AKASH, M-9, CHANDERLOK COLONY, B/H SILVER CITY CINEMAS, RAJPUR ROAD, DEHRADUN, UTTRAKHAND 248 001 Complainant

Versus

MANAGING DIRECTOR, HTC INDIA PVT. LTD., G-4, BPTP PARK CENTRE, SECTOR-30, NEAR NH-8, GURGAON, HARYANA 122 001 ...Opposite Party 1

&

THE MANAGER, TVS ELECTRONICS LTD., H.NO-3/37, VINAY KHAND, NEAR PATRAKAR CHAURAHA, GOMYI NAGRA, LUCKNOW, UTTAR PRADESH ...Opposite Party 2

...Opposite Parties

AFFIDAVIT I, Mr. Akash, major of age, daughter of [enter fathers name] Indian National, occupation [enter occupation] resident of# M-9, Chanderlok Colony, B/H Silver City Cinemas, Rajpur Road, Dehradun, Uttrakhand 248 001. I do hereby solemnly affirm and declare as under:1. I say that I am the Complainant in the above case, thoroughly conversant with the facts and circumstances of the present case and competent to swear this affidavit. 2. I say that the facts contained in my accompanying complaint, the contents of which have not been repeated herein for the sake of

brevity may be read as an integral part of this affidavit and are true and correct to my knowledge. 3. I verify that the contents of above Para 1 and 2 of this affidavit are true to the best of my knowledge.

Solemnly affirmed at ___________, On this ___ day of _______, 2014 DEPONENT