BEFORE THE LEARNED DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI

Complaint No. of 2023

Mr. John Paul Angelo Diaz r/o 1/212 Pbel City Daytona 802 Kelambakkam, Kanchipuram
District Chennai 603103

................COMPLAINANT

VERSUS

M/s NoBroker Technologies Solution Pvt. Ltd., Bren Mercury, No 835/39 Kaikondrahalli,
Varthur Hobli, Bangalore - 560035

.............OPP PARTY

COMPLAINT UNDER SECTION 35 OF THE

CONSUMER PROTECTION ACT, 2019

The complainant named above, most humbly submits as under:

1. That trusting the opposite party, the complainant opted for its services for the transportation of
household items from Bangalore to Barbarammalpuram on 9th April 2022 and a quotation of
Rs.18,500/- was sent which was all inclusive. A copy of the messages is attached as Annexure
No.1.

2. That even though the destination address was shared correctly, yet the parcels were wrongly sent
to Chennai. The complainant was forced to additionally pay Rs.15,575/- to ship the goods to the
correct destination and Rs.2,200/- was demanded by the loading personnel. In total, the complainant
has paid Rs.36,075/- which is excessively high as compared to the initial quotation given by the
opposite party. A copy of the messages is attached as Annexure No.2.

3. That the opposite party has charged excessively for its own negligence and recklessness of
sending the parcels to the incorrect address therefore it is liable to refund the amount paid by the
complainant and compensate for the inconvenience caused to him.

4. That since then the complainant has been continuously contacting the opposite party and
complaining about the issue but it has failed to provide a fruitful solution for the same and has till
now failed to assist the complainant which has caused severe mental stress and inconvenience to
him.

5. That the complainant patiently waited for the opposite party to refund the amount but even till
date the opposite party has failed to do so and even after several calls and messages it has failed to
do so and has not responded to him appropriately which has caused severe mental stress and agony
to him.

6. That even though the complainant contacted the opposite party several times to refund the
amount yet even till date it has failed to do so and has not provided any fruitful solution which is
totally unprofessional and unethical and because of its carelessness and negligence the complainant
is made to suffer for no fault of his own.

7. That the complainant patiently waited for the opposite party to resolve the issue but it failed to do
so and has not responded to him which clearly shows its pathetic services and fraudulent intention
to cheat him.

8. That even though the complainant is the one who has suffered yet the opposite party's
representatives have made no effort in assisting him which is totally unprofessional and wrong and
has caused severe inconvenience and mental stress to him.

9. That the complainant has suffered financial loss and severe mental stress, chasing the opposite
party to refund the amount but got no resolution. This is totally wrong and unjust action on its part
and amounts to cheating, fraud as well as negligence and gross deficiency in promised service.

10. That the complainant has been regularly contacting the opposite party via emails, messages &
phone calls but it has failed to provide any resolution and made no efforts to rectify the deficiency
in promised services which is indeed regrettable and highly unprofessional and has caused
losses/expenses and severe mental agony to the complainant.

11. That it is pertinent to note that refusing to refund the amount and not providing a proper solution
for the concern, amounts to cheating, fraud and gross deficiency of service and the customer has all
the right and entitlement to get the refund and further to get compensation for the mental agony and
financial loss suffered by him.

12. That it is to be noted that it was the opposite party's pious duty to extend all support to the
complainant, but it has miserably failed to do so amounting to gross deficiency in service on its
part. Even, the way of handling customer complaint by the opposite party shows great callousness,
malafide and fraudulent intention on its part to defraud the customer.

13. That, as mentioned above, the complainant got cheated and his trust is breached because he
relied on the false promise of the opposite party about quick support and after sale service. On the
contrary, the opposite party failed to refund the amount or provide an appropriate solution for the
issue, even though there was an obligation on its part and it was legally bound to do so.

14. That the complainant has already sent a legal notice to the opposite party but has not received
any fruitful response or resolution from it.

15. That the complainant is a law abiding citizen and has already tried to contact the opposite party
multiple times for the resolution of the problem and has waited patiently for resolution.

16. That the impugned action of the opposite party amounts to misconduct on its part which can not
be compensated in any manner.

17. That the instant complaint is well within the jurisdiction of this Hon'ble District Forum since
the complainant is residing permanently at Chennai and the amount claimed is also within the
jurisdiction of this Hon'ble Forum.

RELIEFS

That the complainant prays for the following reliefs :

a) to direct the opposite party to immediately refund the full amount along with 18% p.a. interest
b) to direct the opposite party to pay the cost of litigation and other expenses for the sum of
Rs.25,000/- only

c) to direct the opposite party to pay the compensation of Rs.50,000/- for the loss, mental torture
and harassment.

d) any other relief as this Hon'ble Forum may consider fit and proper.

Chennai Complainant
Dated :

VERIFICATION

I, the above named complainant, do hereby verify that the contents of paragraphs to of this
complaint are true to my personal knowledge and those of paragraphs to are believed by me
to be true on the basis of the records.

Chennai Complainant
Dated :
 BEFORE THE LEARNED DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI

Complaint No. of 2023

Mr. John Paul Angelo Diaz r/o 1/212 Pbel City Daytona 802 Kelambakkam, Kanchipuram
District Chennai 603103

................COMPLAINANT

VERSUS

M/s NoBroker Technologies Solution Pvt. Ltd., Bren Mercury, No 835/39 Kaikondrahalli,
Varthur Hobli, Bangalore - 560035

.............OPP PARTY

AFFIDAVIT

I, ________________________________ S/o Sh. _______________________, aged about _____

r/o _________________________________________________________________, I am the

above named deponent do hereby solemnly affirm and declare as under:-

1. That the deponent is the complainant in the above mentioned complaint and is well conversant
with the fact and circumstances of the same and competent to swear this affidavit.

2. That the accompanying complaint has been drafted by my counsel under my instructions and I
have been read over and understood the contents of the same which are true and correct and same
may kindly be read as part and parcel of the same and is not being reproduced herein for the sake of
brevity.

DEPONENT

VERIFICATION

Verified at __________________ on this _________ that the contents of my above affidavit are
true and correct to the best of knowledge and belief and nothing material has been concealed there
form.
DEPONENT