BEFORE THE DISTRICT CONSUMER DISPUTE

REDRESSAL
FORUM QUTUB -II
CONSUMER COMPLAINT NO.______/2019

IN THE MATTER OF:

GIRISH RAI COMPLAINANT

VERSUS

REPAIR SERVICES INDIA OPPOSITE PARTY

CONSUMER COMPLAINT UNDER SECTION 12 OF THE

CONSUMER PROTECTION ACT, 1986 AS AMENDED UP TO
DATE

KINDLY SEE INSIDE FOR THE INDEX AND COMPLETE

COMPLAINT WITH DOCUMENTS

FILED BY

TRIPATHI TANEJA & ASSOCIATES

ADVOCATES FOR THE COMPLAINT
B-222, LAJPAT NAGAR- I
NEW DELHI-110024
 9313429229, 8130357735
BEFORE THE DISTRICT CONSUMER DISPUTE
REDRESSAL
FORUM QUTUB -II
CONSUMER COMPLAINT NO.______/2019

IN THE MATTER OF:

GIRISH RAI COMPLAINANT

VERSUS

REPAIR SERVICES INDIA OPPOSITE PARTY

INDEX

S. No Particulars Pages Court fee

1 Dates & Events

2 Consumer complain U/s 12

of the consumer protection
Act.

3 Affidavit in Support

4 List of documents as per

dates and events

5 Vakalatnama

Complainant

Through

Delhi
Date

TRIPATHI TANEJA & ASSOCIATES

ADVOCATES FOR THE COMPLAINT
B-222, LAJPAT NAGAR- I
NEW DELHI-110024
9313429229, 8130357735
 DATES AND EVENTS

26/02/2019 The complainant requested service/ complained of

non-cooling of double door refrigerator bearing model

No. Whirlpool 30 deluxe.

27/02/2019 The technician from the opposite party came after

complaint bearing no 165930 and after checking the

refrigerator, he advised the complainant that a

technical part in the refrigerator needed to be replaced

and it will cost Rs. 1900/- inclusive of his visiting

charges and that technical part will have 3 months

warranty.

On the advice of the technician, complainant agreed to

pay and change the technical part of the refrigerator.

05/03/2019 The refrigerator again stopped cooling.

06/03/2019 which was again complained by the complaint to the

opposite party, but the opposite party did not lodge

any fresh complaint on the complaint of non- working

of the refrigerator.

on 06/03/2019 itself, the technician came in the

evening despite informed in the early morning about

non- cooling & foul smell despite other things are in

working as it's prima- facie evident from the lights in

the refrigerator.

after checking the refrigerator, the engineer/ technician

said that the compressor was damaged and thereafter

 demanded Rs/- 8500/- for the replacement of the

compressor.

despite the assurance given by the technician after

complete checking and replacement of a faulty part,

the office and concerned persons are not willing to

take responsibility for the damage caused to my client

07/03/2019 The complainant had called several times on

07/03/2019 from morning onwards but everything

went in vain and on every call, Mr Naitik demanded

detailed mail explanation and threatened also to my

client “YA TO MAIL BHEJ DO NAHI TO KUCH

BHI NAHI HONE WALA”

13/03/2019 Till date, no remedy provided from opposite party to

my innocent client who has suffered from your side

mentally, financially & you rubbed salt to his wounds

by making a feedback call from 9811303092 on

13/03/2019

15/03/2019 A legal notice sent by the complainant’s advocate to

the opposite party on the address provided by the

opposite party on the bill and on the E-mail given on

the bill.

It is also pertinent to mention here that the Email

address which is mentioned on the bill is fake which

also itself supports the case of the complainant.

The innocent complainant after going through all the

efforts, he had to purchase a new refrigerator because

of the misdeeds of the opposite party as he is suffering

 the loss of food items on day to day basis.

Complainant

Through

Delhi
Date

TRIPATHI TANEJA & ASSOCIATES

ADVOCATES FOR THE COMPLAINT
B-222, LAJPAT NAGAR- I
NEW DELHI-110024
9313429229, 8130357735

BEFORE THE DISTRICT CONSUMER DISPUTE

REDRESSAL
 FORUM QUTUB -II
CONSUMER COMPLAINT NO.______/2019

IN THE MATTER OF:

Mr Girish Rai
S/o Shri T. Rai
R/o Flat No. 33 D, Pocket B, Dilshad Garden, New Delhi -95

COMPLAINANT
VERSUS

Repair Services India

T-67, Vishnu Garden, New Delhi-110018 OPPOSITE PARTY

CONSUMER COMPLAINT UNDER SECTION 12 OF THE

CONSUMER PROTECTION ACT, 1986 AS AMENDED UP TO
DATE

Most respectfully showeth: -

1. That the complainant is the consumer as defined in section 2 (d)

of the consumer protection Act, 1986.

2. That the opposite party is a home appliance repairing service

provider, having its offices at various places including at T-67,

Vishnu Garden, New Delhi-110018 engaged in the business of

providing home appliances repair services at home in India to

the general public.

3. That the brief facts leading to the filing of the present complaint

are that the complainant requested the opposite party on

26/02/2019 to give their services of home appliance repair as

the complainant in the dire need of repair of his refrigerator as

his refrigerator stopped cooling. The opposite party gave him

Complaint No 165930.

4. That on 27/02/2019 the respondent/ opposite party sent a

technician at the home (on the above-mentioned address). After

complete checking of the refrigerator, the technician told the

 complainant that a technical part in the refrigerator is not

working and it needed to be changed which will cost Rs. 1900/-

including his visiting charges and the technical part is having 3

months warranty. The complainant agreed to pay Rs. 1900/- to

the technician and technician given the bill of Rs 1900/- to the

complainant and changed the technical part in the refrigerator.

Copy of the bill of Rs. 1900/- by the respondent is annexed

herewith as Annexure C-1 (From Page ___to ____).

5. That after the refrigerator started cooling, but with knocking

sound from the top back side started coming which is also

complained to the respondent service provider.

6. That on 05/03/2019 refrigerator again stopped cooling with the

foul smell which is complained to the respondent service

provider on 06/03/2019. This time the respondent service

provider did not give any fresh complaint number and

continued on the earlier complaint number.

7. That technician came in the evening of 06/03/2019 despite

complaint is given early morning about non-cooling with foul

smell despite other things are in working as its prima- facie

evident from the lights in the refrigerator, he checked again and

this time he is telling that the compressor of the refrigerator

needed to be changed and it will cost Rs. 8500/- and Rs 1550/-

for the component changed by him earlier.

8. That thereafter the complainant talked in the respondent’s

office with a person named as “Mr Naitik” who assured of the

replacement of the compressor after payment of Rs. 8500/- but

not willing to take responsibility for the damage caused by his

 technician due to deficient service of the refrigerator.

It is very pertinent to mention here that despite the assurance

given by technician after complete checking and replacement of

a faulty part, the office and concerned persons are not willing to

take responsibility of the damage caused to the complainant.

9. That when complainant called for the confirmation of

arrival of engineer with a new compressor, Mr. Naitik

started arguing with the complainant phone call and said

“Firstly send us the Email related to the entire problem of

the refrigerator” to which my client denied, had objected

and sought clarification as to what details they want, which

wasn’t clarified till date and complainant is suffering from

defective service given by the respondent service provider.

10.That it is pertinent to mention here that, complainant had called

several times on 07/03/2019 from morning onwards but

everything went in vain and on every call Mr. Naitik demanded

detailed mail explanation and threatened to complainant “YA

TO MAIL BHEJ DO NAHI TO KUCH BHI NAHI HONE

WALA” and thereafter nothing was done till date, no remedy

provided from respondent side to the complainant who has

suffered mentally, financially & the respondent service provider

rubbed salt to his wounds by making a feedback call from

9811303092 on 13/03/2019.

11.That it is not out of place to mention here that “earlier

respondent service provider office did not demand an email

explanation from complainant before changing the

technical part & now when the refrigerator stopped working

 in totality are arbitrarily, maliciously, and with ulterior

motives demanding detailed Email narration from the

complainant, despite the fact respondent service provider

know everything from his technician & deficiency in

service on their part and still want to extort money from the

complainant.

12. That when every effort of the complainant is failed, he got

issued a legal notice through his Counsel on 15/03/2019 by

speed post and also on email. It is a matter of utter shock to the

complainant that the email on which the respondent service

provider is seeking detailed narration of the problem is a fake

email address printed on the bill as a support email. Copy of

the legal notice along with postal receipt dated 15/03/2019

and online tracking details is annexed herewith as

Annexure C-2 (from page___to_____) and print out showing

support email is not working/ fake is annexed herewith as

Annexure C- 3 (from page ____to ).

13. That legal notice dated 15/03/2019 had been duly served upon

the opposite party on 04/04/2018, however, the opposite party

had given confusing reply through his counsel which cannot be

understood easily. Copy of the reply of legal notice sent by

opposite party is annexed herewith as Annexure C- 4 (from

page ____to ).

14.That in the above said manner the respondent/opposite party

has provided deficient services and is found guilty of indulging

in unfair trade practices and by the above said illegal acts on the

part of the respondent/ opposite party of extorting money by

 deficient services of the electronic home appliances and not

taking any liability of their own repair works, the opposite party

has caused mental agony, pains and sufferings and financial

loss to the complainant. Hence the opposite party rendered

itself to indemnify the complainant for all the losses suffered by

the complainant.

15.That the complainant and the opposite party are

residing/working for gain in Delhi, the cause of action arose in

Delhi, hence this Hon’ble forum has got the territorial

jurisdiction to entertain and decide the present complaint.

16.That the appropriate Fee of Rs. ___________has been paid by

way of Indian Postal orders annexed herewith.

17.That the complainant has not filed any other complaint or case

against the opposite party in any other court of Law or forum.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble forum

may very graciously be pleased to: -

a) Direct the respondent/opposite party to make the

payment of Rs. 30,200/- i.e. the claim/bill account, to the

complainant along with interest @18% p.a. from the date

of filing of the claim till realization of the amount.

b) Direct the respondents to pay compensation of Rs

5,00,000/- for causing mental agony, pain, harassment,

financial loss and other sufferings to the complainant

along with interest @18% p.a. from the date of filing of

the claim till realization of the amount.

 c) Direct the respondent/ opposite party to pay the litigation

expenses of Rs. 25,000/- to the complainant.

d) Pass such other or further order/orders which this

Hon’ble forum may deem fit and proper in the facts and

circumstances of the case and in the interest of Justice

Complainant

Through

Delhi
Date

TRIPATHI TANEJA & ASSOCIATES

ADVOCATES FOR THE COMPLAINT
B-222, LAJPAT NAGAR- I
NEW DELHI-110024
9313429229, 8130357735
BEFORE THE DISTRICT CONSUMER DISPUTE
REDRESSAL
FORUM QUTUB -II
CONSUMER COMPLAINT NO.______/2019

IN THE MATTER OF:

GIRISH RAI COMPLAINANT

VERSUS

REPAIR SERVICES INDIA OPPOSITE PARTY

AFFIDAVIT

I, Girish Rai S/o T. Rai, Aged About 34 years, R/o – Flat No. 33 D,

Pocket B, Dilshad Garden, New Delhi -110095 do hereby solemnly

affirm and declare as under: - 

1. That I am the complainant in the above-noted case and filing

consumer complaint hence, am competent to swear this affidavit.

2. That the statements of facts contained in the consumer complaint

about seeking relief under the consumer protection act, 1986 are

true to the best of my knowledge and belief.

3. That I have filed no other similar consumer complaint about

seeking relief under consumer protection act, 1986 with regard to

the same case anywhere in India except the present case.

Deponent

Verification: -

Verified at Delhi on this ___th day of April 2019 that the contents

of the above affidavit are true to my knowledge and belief.

Deponent