IN THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

MUMBAI AT MUMBAI

Consumer complaint no /2021

MR. Charan

Age: 45, occupation: school teacher

R/at: Mumbai …. Complainant

Versus

Aruniddha pvt.ltd,

A private limited company registered

Under the Companies Act, 2013

Having its registered office at

Ville parle, pin code 520001,

Mumbai

Represented by its Branch Manager

Mr. Bala krishnan ,

Having office at ville parle,

Pincode 52001, Mumbai. …..Respondent

Complaint under section 34 of the

consumer protection Act, 2019

The complainant most respectfully begs to state as under;

1) The complainant is the school teacher at xyz school in mumbai and ordinarily residies in
Mumbai and the address is prominently mentioned in the title of the complaint. That, the
respondent is a private limited company carrying on the business of manufacturing and
marketing of refrigerator among several other things and its registered office at the addess more
particularly mentioned in the title of the present complaint.

1
2) That, the complainant had been in need of a refrigerator. That, on 10/10/2020, the complainant
had visited your company which is situated in ville parle Mumbai, and purchased a refrigerator
costing RS: 25000/- (Rupees twenty five thousand only) which was inclusive of both tax and
delivery chages and transported the same to their address on the same date.

3) That, the complainant was using the refrigerator then on 20/10/2020 the refrigerator started
malfunction due to faulty thermostat. That, the complainant had said the same to the respondent
and the respondent had sent an authorized mechanic to get it repaired within the warranty period
for free of cost.

4) That, on 23/10/2020 the complainant noticed the same problem in the refrigerator and then it
stopped working completely. Then, the complainant called a different mechanic to examine the
refrigerator and then the mechanic had confirmed that the refrigerator was a second hand one by
seeing its parts and its condition. On knowing the truth of the said refrigerator the complainant
had contacted to the respondent branch Manager Mr. Balakrishnan on the same date 23/10/2020
but there was no response from the respondent.

5) That, the complainant had done multiple attempts to get the refrigerator returned but there was
no response from the respondents executives and they refused to comply with the complainant
stating there is no return policy. While purchasing the refrigerator this was not conveyed to the
complainant.

6) That, the complainant states that he was not informed about that the product was second hand and
the respondent and their team misguided him and fraudulently sold the refrigerator to the
complainant. While purchasing the refrigerator there were no terms and conditions mentioned in
the payment receipt or by any other means that there is not return policy in the company.

7) That, the complainant issued a legal notice to the respondent on 26/10/2020 asking for the refund
of the said amount paid in consideration of defective product, i.e; Rs. 25,000/- (rupees twenty five
thousand only) within 15 days of receipt of the said legal notice. That, the said legal notice was
delivered to the respondent on 28/10/2020. That the respondent had called the complainant via
phone on the same day and asked her not to take any legal action against them as they were
unable to process his request due to certain administrative glitches from their end.

8) That, the complainant, once again believing in the goodwill of the respondenet , decided to wait
for the respondent to follow on his promise. That, the respondent filed to credit the aforesaid
amount into the complainant’s bank account by the stipulated date. That, the complainant
thereafter tried to contact the respondent via phone regarding payment of the impleading refund,
but was unsucceful as the telephone of the respondent appeared to be busy.

9) That, the complainant is a middle class men teacher with a moderate income, with which she
funds not just his own expenses but also supports his aging parents in a acity as expensive as
Mumbai. That, due to his limited income, the refund amount of Rs.25000/-(twenty five thousand
only) means a lot to him. That, he is in dire need of the product when he had purchased it and

2
 now, owing to the respondent’s negligence, he neither has the product for his personal use nor
the money to purchase the similar product elsewhere. That, the said amount has proven to be a
major monetary loss for the complainant as he had to severely cut down certain necessary
expenses in order to be able to make purchases. That, the complainant was in dire need of the said
product as refrigerator a basic need for any person living in a society.

10) That, more than 30days have elapsed from the date by which the respondent had agreed to pay the
said refund amount of Rs.25,000/-( rupees twenty five thousand only). That, till date the
respondent is yet to pay the aforesaid refund amount.

11) That, the respondent has sold to the complainant a product from the one agreed upon and the
product finally delivered was of inferior quality. That, the said act amounts to deficiency of
service as per applicable consumer legislation in India and the respondent should be held liable
and accordingly punished for the same.

12) That, by avoiding coummunication of any sort with the omplainant, the respondent has impliedly
refused to process the abovesaid refund amount and pay the same to the complainant when the
latter rightfully demanded the same. That, the said amounts to an unfair trade practice as per
applicable consumer legislation in India , for which the respondent should be held liable and
accordingly punished.

13) That, the address of the complainant is more particularly mentioned in the title of the present
complaint. That, the complainant carries on service within the limits of Mumbai. that, the
complainant bought the said defective product from the respondents’s website while in Mumbai.
therefore, the cause of action has wholly arisen within the limits of Mumbai.

14) That, the complainant came to know of the defect in the said product on 20/10/2020,i.e., after few
days of the delivery of the product. Therefore, the cause of action has arisen on 20/10/2020 and
the present complaint has thus been filed within the prescribed period of limitation.

15) That, the value paid in consideration of the said product is Rs.25,000/- (rupees twenty five
thousand only). therefore, this Hon’ble commission has the pecuniary jurisdiction to entertain the
present complaint.

16) That, the cause of action wholly arose within the limits of Mumbai. That, the complainant resides
in and works for personal gain within the limits of Mumbai. That, the respondent carries on
business and has its registered office within the limits of Mumbai. Therefore, this Hon’ble
commission has the territorial jurisdiction to try and entertain the present complaint.

17) That, since the value paid in consideration of the said product is Rs. 25,000/-(rupees twenty five
thousand only), the court fee payable with respect to the present complaint is nill.

18) The documents filef along with the present complaint are photocopies of the originals. The
complainant reserves the right to file further documents as required.

3
19) The contents of the present complainant are supported by an accompanying affidavit.

20) It is therefore most respectfully payed before this Hon’ble commission that:

(A) That, the respondent be tried and punished unde the consumer protection Act, 2019, and

(B) The respondent be directed to pay refund of the consideration amount paid towards the said
defective product by the complainant, and

(C) The complainant be awarded compensation of Rs. 5,00,000/- for the mental agony borne to
him, and

(D) The cost of the present complaint be awarded in favour of the complainant, and

(E) Any other order in the interest of juctice may kindly be passed.

Mumbai
1/11/2020

Advocate for complainanat complainant

VERIFICATION
I, Mr. charan, do hereby state on solemn affirmation that whatever is stated above is true
and correct to the best of my knowledge, belief and information and hence I have signed the
same on the day and date mentioned above.

complainant

4
 IN THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL

COMMISSION, MUMBAI AT MUMBAI

AFFIDAVIT IN SUPPORT OF COMPLAINT

Consumer complaint No. /2020

Mr.charan …..complainant

versus

Arunidha pvt.ltd …Respondent

I, charan, age 45, occupation:teacher residing at Mumbai do hereby state on solemn affirmation as under:

1) I say that I have filed the present complaint under section 34 of the consumer protection Act,
2019.

2) I request, reiterate, confirm, verify and affirm the statement and avements made in the complaint
and for brevity’s sake the same may be treated as forming part of this Affidavit.

3) Hence this Affidavit.

Whatever is stated above is true and correct to the best of my knowledge, information and belief
and hence I have signed the same on the 10th day of November at Mumbai.

I know the Affiant

Advocate of the Affiant Affivant

5
 IN THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL

COMMISSION, MUMBAI AT MUMBAI

Consumer complaiant no. /2020

Mr.charan ….complainant

Versus

Arunidha pvt.ltd ……respondent

List of documents by and on behalf of the complainant is as under:

1) Copy of electronic receipt dated 10/10/2020 generated on the respondent’s website by Arunidha
private limited refrigerator purchased by the complainant.

2) Copy of request dated 20/10/2020 raised on the respondent via phone call about the
malfunctioning of the refrigerator.

3) Copy of request dated 23/10/2020 raised on the respondent via phone call about the defective
product delievered to complainant.

4) Copy of legal notice dated 26/10/2020 issuesd by the complainant to the respondent.

5) Copy of RPAD acknowledgement slip evidencing receipt of legal notice dated 26/10/2020 by
respondent on 28/10/2020.

6) Copy of bank statement for the month of October, 2020 generated by bank, ville parle for the
coplainant’s account No.12345.

6
Mumbai

4/11/2020

Advocate for the complainant complainant