Before the Hon'ble DCDRC, North West Delhi
CC No. _______/2025
Amit Kumar --- Complainant
Age :
Address :
Versus
Flipkart India Pvt Ltd - Respondent No. 1
Address : Buildings Alyssa, Begonia & Clover,
Embassy Tech Village, Outer Ring Road,
Devarabeesanahalli Village, Bengaluru – 560103, Karnataka, India
Samsung Electronics - Respondent No. 2
Address : 6th Floor, DLF Centre, Sansad Marg, New Delhi-110001
Complaint under S.35 (1) of Consumer Protection Act, 2019
Facts
It is most humbly submitted that the complainant was lured by Respondent No. 1 and Respondent No. 2 on ______ through website owned by Respondent No. 1 to buy a TV. Identity Proof of Complainant is annexed as Annexure 1.
It is humbly submitted that the Respondent No1. and 2 have made a misleading statement regarding description of TV and quality of its services after sales to the complainant due to which complainant was misled to buy their products.
It is submitted that complainant placed an Order of TV Description ________ for a value of Rs. ___________ and on ___________, TV was delivered.
It is submitted that the Respondent No. 1 has issued a defective bill to complainant on _______________. Copy of Defective Bill is annexed as Annexure -2.
It is humbly submitted that the said bill issued is violative of Consumer Protection (General) Rules, 2020. The bill is not issued in accordance with Rule 5 of Consumer Protection (General) Rules, 2020.
It is submitted that the said TV was a defective TV and it stopped working on _________.
It is submitted that when the complainant made complaint to Respondent No. 2 on _____________, Respondent No. 2 started making various excuses for not removing the defects in goods and services. Copy of complaints and photos of defects are annexed as Annexure 3.
It is humbly submitted that when the complainant made complaint to Respondent No. 1 on _________ for removing deficiency in services and failed to send a correct bill.
It is submitted that complainant's family has suffered immense harassment since __________ due to lack of any entertainment.
It is humbly submitted that in terms of Rule 7 of Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020, Nil fees is to be paid by complainant.
It is humbly submitted that the cause of action arose on _____ 2022 and again on ______ 2023.
It is humbly submitted that the complaint arose in Delhi because complainant is residing within jurisdiction of this Hon'ble Commission.
It is humbly submitted that the complainant is suffering a lot and wishes that his complaint may be decided within 3 months in terms of Rule 12 (5)(a) of Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020.
It is humbly submitted that action of both respondents violates Consumer Protection (E-Commerce) Rules, 2020 as amended through Consumer Protection (E-Commerce) (Amendment) Rules, 2021. Rule 4 (3), Rule 4 (4),Rule 4 (5), Rule 4 (9), 4 (11), Rule 5 (2), Rule 5 (3), Rule 6.
It is humbly submitted that complainant has filed ________ number of copies of this complaint in terms of Rule 7 (1) of Consumer Protection (Consumer Commission Procedure) Regulations, 2020.
It is humbly submitted that complainant will file brief of written arguments in terms of 13 (2) of Consumer Protection (Consumer Commission Procedure) Regulations, 2020.
It is humbly submitted that complainant prays for urgent listing and disposal of complaint in terms of Rule 26 (6) of Consumer Protection (Consumer Commission Procedure) Regulations, 2020 for senior citizens, physically challenged, widows and persons suffering from serious ailments.
RELIEF
It is most humbly prayed to this Hon'ble Commission to :
A. Kindly direct Respondent Nos. 1 and 2 to pay a compensation amount of Rs. 10 lakhs to complainant in terms of law laid down in MR. SUNIL KUMAR DOODRAJ v. BPTP Ltd [2024] GCtR 2733 (SCDRC, Delhi) and in terms of [2025] GCtR 701 (SC)
B. Kindly direct Respondent Nos. 1 and 2 to pay litigation costs of Rs. 10 lacs to complainant in terms of law laid down in MR. SUNIL KUMAR DOODRAJ v. BPTP Ltd [2024] GCtR 2733 (SCDRC, Delhi)
C. Kindly direct Respondent Nos. 1 and 2 to refund the amount of Rs. _______ to complainant
D. Kindly direct Respondent Nos. 1 and 2 to pay the aforesaid amount with 18% from the date __________ in terms of law laid down in _____ within 24 hours of pronouncement of this Order.
E. Kindly permit execution of Hon'ble DCDRC's Order on an oral application in terms of Order XXI Rule 11 (1) of Code of Civil Procedure, 1908 and Section 38 (9) of Consumer Protection Act, 2019 and Section 71 of Consumer Protection Act, 2019.
Before the Hon'ble DCDRC, North West Delhi
CC No. _______/2025
List of Dates and Events
Date of Purchase of TV
Date of Supply of Bill
Date when TV Stopped Working
Date when Request was given to R-2 to remove defects
Date when Request to remove defects was denied.
Date when Request was given to R-1 to remove deficiency
Date when Request to remove deficiency was denied.
Before the Hon'ble DCDRC, North West Delhi
CC No. _______/2025
List of Documents
True Copy of Bill dated
True copy of Photo of Online Order
Photo of TV
True copy of complaint to R-2
True copy of Response of R-2
True copy of complaint to R-1
True Copy of Response of R-1.
Before the Hon'ble DCDRC, North West Delhi
CC No. _______/2025
Index
Complaint with all its Annexures
Application to condone the delay in filing complaint.
Vakalatnama
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