BEFORE DISTRICT CONSUMER DISPUTE REDRESSAL,

COMMISSION-X (SOUTH DISTRICT), UDYOG SADAN, NEW DELHI

COMPLAINT CASE NO:.................................OF 2023

IN THE MATTER OF:

MEMO OF PARTIES
Mr. S. M. Tarique
R/o: 1st Floor, Yazdani Manzil,
Abul Fazal Enclave - I,
Jamia Nagar, New Delhi – 110025 …Complainant
Versus
1. BGS Furniture
Through its Proprietor/Director
Sameer Saini
Office: CO Chhagan Lal
Ward No 30, N D B College
N H R Hanumangarh
Rajasthan - 335523

2. Sameer Saini
Office: CO Chhagan Lal
Ward No 30, N D B College
N H R Hanumangarh
Rajasthan – 335523 …Respondent

Place: New Delhi

Date: .10.2023 Through Counsel

Maaz Akhtar & Abdullah Akhtar

ADVOCATE
Akhtars Legalitarian.
D-77/C, Shaheen Bagh, Jamia
Nagar, New Delhi - 110025
+91 9716 514 678
advmaazakhtar@gmail.com
 BEFORE DISTRICT CONSUMER DISPUTE REDRESSAL,

COMMISSION-X (SOUTH DISTRICT), UDYOG SADAN, NEW DELHI

COMPLAINT CASE NO:.................................OF 2023

IN THE MATTER OF:

MR. S M TARIQUE …COMPLAINANT

VERSUS

BGS FURNITURE …RESPONDENT

COMPLAINT U/S 12 OF THE CONSUMER PROTECTION ACT (AS

AMENDED UPTO DATE), 1986.

MOST RESPECTFULLY SHOWETH:

1. That the Respondent BGS Furniture is engaged in the business of

manufacturing and selling of furniture’s from its office located at Ward No.

30, NDB College, NHR Haumannagarh, Rajasthan - 335523 with Sameer

Saini as its proprietor and also sells his products on Amazon and other E-

commerce Platforms.

2. That the complainant is the consumer herein as defined by this Act as the

complainant placed the order directly with the respondent after procuring the
 number of the Respondent from e-commerce site as the complainant wanted

to make certain modification in the depicted furniture and placed the order

on 12.01.2023 with specification as under;

i. Solid Sheesham wood, 3- seater sofa cum bed with side pocket

for home, living room, bedroom, office, wooden furniture

(honey finish Sofa bed) for Rs. 23,300/- (Twenty Three

Thousand Three Hundred).

That the bank transfer of INR 23,000/- (Rupees twenty three thousand only)

is annexed herewith as _________

3. That the delivery of the abovementioned item ordered was supposed to take

place no later than a week of payment i.e., 19.01.2023.

4. That despite the complainants continuous and fervent request to the

respondent to provide with the invoice of the said product from the date of

payment, which was paid in the account of Sameer Saini, Account No.:

4235101003544, Bank Name: Canara Bank, Sardarsahar on 12.01.2023 the

Respondent did not send the invoice.

5. That the complainant contacted several times through calls and messages to

Sameer Saini, BGS Furniture on their customer care number: (+91 9079 836

369), regarding the delivery of the ordered product but the respondent

lingered on and gave no positive update.

6. That after a delay of 1 month, on 13th February 2023, the complainant

received the product but to the complainants utter shock, the product was of

a different material and quality as opposed to what was ordered and agreed

upon with the respondents and that the sofa had to be of “SHEESHAM

WOOD” but the product that was sent to the complainant was not of

Sheesham wood.

7. That it is also pertinent to mention that the received product sent by the

complainant not only lacked in its quality but also the said product was

defective with no nuts and bolts at two important places.

8. That the nuts and bolts lost its flash washers due to which the furniture lost

its structural instability, made noises and wobble on sitting.

9. That when the complainant made complaints to the respondent about the

inappropriate and defective product and also asked for the technician for the

above-raised issues, the complainant casually ignored, gave no satisfactory

response and left the complainant in the “gray” by promising for imminent

delivery of the appropriate furniture. But, as a slave of one’s habit, the

respondent failed to provide the service purchased with the product.

The aforesaid conversations made through calls and WhatsApp is annexed

herewith as _______
10. That on detailed mentioning, through WhatsApp, to the respondent about

the product deficiency, as mentioned above about the said product, the

respondent assured for the replacement of the above-mentioned product on

14th February 2023.

The screenshot of WhatsApp message is annexed herewith as _______

11.That the respondent ignored the complainant for two months, since the day

respondent promised for the replacement of the said product despite

continuous calls, messages and reminders from the complainant.

12. That the complainant is not only a dedicated lecturer but also possesses a

commendable helping nature, hails from a respected family, and enjoys a

favorable reputation within the society and that this faulty furniture has

caused mental agony to the complainant.

13.That a legal notice was sent to the respondents address aforementioned,

dated __________ but no response has been received.

14.That the jurisdiction falls within the limits of this Hon’ble forum as the

petitioner is the resident within the jurisdiction of this Hon’ble forum. And

that the product was ordered within the jurisdiction of this Hon’ble forum.

15.That no legal suit in this regard by the complainant has been filed in any

other forum or court.

 16.That the cause of action arose when the order placed was not provided with

the invoice of the product. The cause of action further arose when the

product was not delivered on the promised date. Further the cause of action

arose when the received product was of a different quality as opposed to

what had been agreed upon and further it lacked in its installations.

Furthermore, the cause of action arose when no reply was received to the

legal notice sent.

PRAYER

That in light of the aforesaid factual matrix of the case, the complainant humbly

prays before this Hon’ble Tribunal for compensation of Rs. 5,00,000/- (Rupees

Five Lac) for the following deficiency in services deliberately caused by the

Respondents and the deliberate attempt to not address the grievance of the

complainant despite fervent plea:

I. For not issuing invoice despite repeatedly asking the complainant for it,

II. For sending furniture of a different material as opposed to Sheesham wood

which had been specifically agreed upon and for which the complainant had

also paid a premium price,

III. For sending defective product with no proper nuts and bolts in the furniture,
IV. For not replacing the furniture with the correct and agreed furniture despite

repeated assurances and neither sending the technicians to fix the defects of

nuts and bolts which didn’t exist,

V. Compensation for disturbance of mental peace and agony,

VI. Compensation for the torture by the respondent for not providing service

despite several requests and reminders AND

VII. Pass any other order(s) as this Hon’ble forum may please against the

respondents and not against the complainant.

Place: New Delhi

Date: Complainant

Through Counsel

Maaz Akhtar, Abdullah Akhtar

ADVOCATE
Akhtars Legalitarian.
D-77/C, Shaheen Bagh, Jamia
Nagar, New Delhi - 110025
+91 9716 514 678
advmaazakhtar@gmail.com
 BEFORE DISTRICT CONSUMER DISPUTE REDRESSAL,
COMMISSION-X (SOUTH DISTRICT), UDYOG SADAN, NEW DELHI
COMPLAINT CASE NO:.................................OF 2023

IN THE MATTER OF:

MR. S M TARIQUE …COMPLAINANT
VERSUS
BGS FURNITURE …RESPONDENT
AFFIDAVIT

I, S M Tarique, aged about 55 years, R/o, 1st Floor, Yazdani Manzil, Abul Fazal

Enclave - I, Jamia Nagar, New Delhi - 110025, do hereby solemnly affirm and

declare as under:-

1. That I am the complainant in the present complaint case and I am well

conversant with the facts of the case and hence competent to swear this

affidavit.

2. That the accompanying complaint U/s 12 of the Consumer Protection Act

has been drafted by my counsel and the same be read as part and parcel of

the present affidavit, as the same are not repeated herein for the sake of

brevity.
 DEPONENT

V E R I F I C AT I O N:

Verified at New Delhi on this ____day of October, 2023 that the contents of above

affidavit are true and correct to the best of my knowledge. No part of it is false and

nothing material has been concealed therefrom.

DEPONENT