Application For Claim Of Wrong Statement

BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, ____________.


M/S _________________

Versus

M/S _________________

Complaint _____ of the Consumer Protection Act 1986.

Written statement on behalf of Respondents.
Sir,
The respondents respectfully submit as under: -

PRELIMINARY OBJECTIONS:
1- That the complaint of the complainant is not maintainable in the present form because the respondents do not fall under the definition of the consumer.

2- That complainant has no locus-standi to file the present complaint against the answering respondents.

3- That the complainant has no cause of action to file the present complaint against the answering respondents.

4- That the complaint of the complainant is bad for misjoiner of the necessary parties. It is hereby submitted that M/s __________________ at ______ is the necessary party.

5- That the complainant has falsely dragged the complainant in the present false complaint. The respondent delivered the goods at its destination but M/s _________________ did not collect the material from the office of the respondent at Chennai. It is further submitted that it was well settled that the complainant will responsible for packages of the goods and in case of any fault the respondent company is not liable for the same which is also mentioned on the backside of the consignment note. It is further submitted that the complainant company did not packed the cartons properly and the same were loose and straps were not tied properly but the goods were in O.K condition and there was no shortage.

6- That the complainant has not come with clean hands before this Hon’ble Forum and he has suppressed the actual and material facts from this Hon’ble Forum.

REPLY PARAWISE:
1- That the contents of Para No.1 of the complaint are wrong and denied.

2- That the contents of Para No.2 of the complaint are matter of record.

3- That the contents of the Para No. 3 of the complaint are correct to the extent that the complainant company sent _ boxes of ____________ vide consignment Note No. ________ dated ___________. Rest of the contents of this para is wrong and incorrect and the complainant is put strict proof to prove the present para.

4- That the contents of the Para No. 4 of the complaint are wrong and vehemently denied. It is incorrect that the respondents are solely responsible and the complainant is legally entitled to claim the amount from the respondents.

5- That the contents of the Para No. 5 of the complaint are wrong, false, incorrect and hence denied. It is incorrect that there was great deficiency of the service on the part of the respondents. It is submitted that the respondents delivered the goods at its destination at ______ Office and also informed to M/s ________ company who reason best known to him did not collect the material from the site intentionally and deliberately.
Hence there is no deficiency on the part of the respondents.

6- That the contents of Para No. 6 of the complaint are wrong and denied being misconceived.

7- That the contents of the Para No.7 of the complaint are totally wrong and vehemently denied.

8- That the contents of Para No. 8 of the complaint are wrong and denied. It is incorrect that due to deficiency of Service there was mental, harassment, agony and tension to the complainant. It is incorrect that the complainant is legally entitled to claim compensation to the tune of Rs.________/- from the respondent.

9- That the contents of Para No. 9 of the complaint are matter of record.

10- That the contents of Para No. 10 of the complaint are wrong and incorrect.

REPLY TO PRAYER:

That the prayer of the complaint is also wrong and vehemently denied. The complainant is not entitled for any relief.

PRAYER

It is, therefore, prayed that in the interest of justice and in view of the forgoing facts and circumstances the complaint of the complainant may kindly be dismissed with costs.
RESPONDENTS.
Through counsel:
_________, Advocate, ___________.