Sample Consumer Complaint 2019 PYP

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BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL

COMMISSION, PATNA

IN RE: 27 of 2022

IN THE MATTER OF:

Abhiraj and Ors.


(M, 20)
(169, Mahavir Apartments, Patna) ………………………………...Complainant

v.

Rajendra Prasad Law School


(Patna, Bihar) ……………………………………………………...OP1

and

ABC Parishad
(Patna, Bihar) ……………………………………………………...OP2

COMPLAINT UNDER SECTION 35/47/58 OF THE CONSUMER PROTECTION


ACT, 2019

RESPECTFULLY SHOWETH:

1. That the complainants are aged between 19 and 22 and were seeking admission in
courses of law.
2. That the complainants are students who took admission under the fraudulent courses
created by the Opposite Party 1 (OP1).
3. That OP1 has been publishing misleading advertisements in national dailies
concerning BCI certification.
4. That OP1 has been falsely misrepresenting their ostensible affiliation with Nalanda
University.
5. That Opposite Party 2 (OP2) has been governing RLPS and attracting students to their
course using the abovementioned misrepresentations and falsities.

TRANSACTION

1. That the complainants have paid their tuition fee at the time stipulated by OP1 and
OP2, which can be verified using Transaction IDs AZ1222.
2. That the fee was paid to OP1 and OP2 for the purposes of legal education promised
by the OPs for the academic year 2019-20.

NATURE OF COMPLAINT

1. That the OPs have outrightly and blatantly lied about their affiliation with Nalanda
University and association with BCI, constituting an unfair trade practice u/s 2(47)(i)
(b), (c) and (f) of the Consumer Protection Act, 2019 (Act).
2. That the requisite education promised by the OPs constitutes a service as defined u/s
2(42) of the Act, and the omission in conducting examinations within the promised
period constitutes a deficiency of service u/s 2(11) of the Act.
3. That the false assurances given by the OPs would be actionable as an unfair contract
u/s 2(46) of the Act.
4. That OP1 is not a sovereign body in light of its fraudulent nature and would be
amenable to the Act.
5. That the complainants are consumers as defined u/s 2(7) of the Act.

RECTIFICATION

1. That the complainants have written priorly to OPs and have received no response.

CAUSE OF ACTION

1. That the cause of action for this complaint arises u/s 2(42), 2(46), 2(47) and 2(11) of
the Act.

TERRITORIAL JURISDICTION

1. That the territorial jurisdiction of the present complaint lies in the District of Patna u/s
34(2)(b) of the Act.

PECUNIARY JURISDICTION

1. That the pecuniary jurisdiction of the present complaint lies in the District Consumer
Disputes Redressal Commission as per the Consumer Protection (Jurisdiction of the
District Commission, the State Commission and the National Commission) Rules,
2021, since the total amount of value paid as consideration does not exceed Rs. 50
lakhs.

LIMITATION

1. That the present complaint is being filed within the period prescribed under Section
69 of the Act.

COURT FEE

1. As per Rule 7 of the Consumer Protection (CDRC Rules) 2020, the complainant has
deposited Rs. 400 via a Demand Draft in the name of the President of the DCDRC,
Patna.

PRAYER

1. Therefore, in light of the facts presented and issues raised, it is humbly prayed that the
Hon’ble Commission pass an order to the effect:
a. That OP1 and OP2 be immediately prohibited from engaging in fraudulent
misrepresentation of their associations via an injunction passed by the
Commission.
b. That OP1 and OP2 compensate the complainants for Rs. 19.5 lakhs with an
interest rate of 8% per annum till the compensation is paid.
c. That the Commission award punitive damages u/s 39 by virtue of the gravity
and scale of the fraud being committed by the OPs.
d. Along with any other relief that the Hon’ble Commission deems fit in the
interests of justice, equity and good conscience.

Place: Patna, Bihar


Date: 2/03/22

Abhiraj (on behalf of the complainants)

Verification

I, Abhiraj, resident of Patna, hereby declare that I have not misrepresented any facts nor have
tried to hide any information in my above complaint. All the facts mentioned herein are true
to the best of my knowledge.

Abhiraj
Date: 2/03/22

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