Community › Forums › Legal Advice India › How to file a case in consumer court ?
- This topic has 35 replies, 9 voices, and was last updated 1 year, 3 months ago by
Smartarushi4657.
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AuthorPosts
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LLuckylion4027
PARTICIPANT
March 3, 2025 at 6:49 amLong story short is Myntra fcked me up, I ordered around 10 gm of gold coin on 6th feb which was not delivered and there was no updates and after being in constant touch with them now they have cancelled it on their own after 25 days, main issue is i paid for that order by purchasing myntra gift card so now when they have cancelled it what am i gonna do with 75000 worth of myntra credits ?
That’s why i requested them to either deliver the product or refund me in my bank account which they are not doing
So, i just wanna se if i can get something done in consumer court about it,I have drafted most of the things by watching youtube videos & all but still there are few things which is confusing me so if any of you could help a little to to process it that would be huge help or if you fight these consumer court cases then we can also talk about that.
Please anyone if you can help even a little to explain how to file case that would be very good for me.
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SSupervidhi6604
PARTICIPANT
March 3, 2025 at 6:54 amI second him. I also need a clear explanation regarding this task. -
BBraveseeker242
PARTICIPANT
March 3, 2025 at 6:55 amregister complaint on NCH app and PG portalWhy did you purchase myntra gift card for such big transaction?
why not order same 10 gram gold using same coin?
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UUser_595e8890
PARTICIPANT
March 3, 2025 at 6:57 amNCH won’t help OP in this case much, they’ll simply convey the complaint to myntra which takes 30 business days
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UUser_595e8890
PARTICIPANT
March 3, 2025 at 6:59 amTry filing case on E-jagriti but i dont think you will be able to get the refund in bank account as you made the trasaction using myntra gift card if it were to be real money then it would have been a different case-
LLuckylion4027
OP
March 3, 2025 at 7:36 amDo you have any experience in filing case on e-jagriti coz i registered myself there and it was asking to have few documents and thing before hand, i have already drafted most of them i just want little bit help to see if I’m doing everything correctly or not-
UUser_595e8890
PARTICIPANT
March 3, 2025 at 7:41 amNo i do not , sorry-
LLuckylion4027
OP
March 3, 2025 at 7:41 amAnyway thanks buddy
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SSilentguy9116
PARTICIPANT
March 3, 2025 at 7:00 amif they cancelled then buy again-
UUser_97667047
PARTICIPANT
March 3, 2025 at 7:26 amat that time there was an offer, now that offer is not there, that’s why op is not buying now. Also op buys gift voucher from a 3rd party site which gives discounts on the voucher by changing the MCC code and you get credit card cash back. Op case will backfire if he goes to court-
LLuckylion4027
OP
March 3, 2025 at 7:29 amHow my case will back fire coz i am not doing anything illegal if some company is exploiting MCC code things then it’s on them, i am just paying the money to get the service legally-
UUser_97667047
PARTICIPANT
March 3, 2025 at 7:32 amThey sell vouchers to 3rd party on discounts and in their terms and conditions it’s mentioned vouchers can’t be converted to cash, so here is no case-
LLuckylion4027
OP
March 3, 2025 at 7:33 amLet’s forget about gift card, but what about that they canceled the order saying i requested them to cancel it even though i didn’t make any such complaints-
UUser_97667047
PARTICIPANT
March 3, 2025 at 7:35 amThey will asky you to order again, it’s in their terms and conditions. If they don’t refund you in their original mode of payment, then it’s a issue. But the refunded you. So again no case.-
LLuckylion4027
OP
March 3, 2025 at 7:39 amThey canceled the order on 1st march at 10:22 pm and they created the query on their own on 1st march at 11:06 pm where it’s says that i want to cancel the order, so even if we accept their saying that i requested the cancellation then the thing is that how the order got canceled at 10:22 when the query was raised at 11:06?-
UUser_97667047
PARTICIPANT
March 3, 2025 at 7:43 amThey can cancel your order it’s not a issue. It is mentioned in their terms and conditions. You can file a case but will be waste of time. You can buy gold now also it will be below market rate. I too bought it yesterday-
LLuckylion4027
OP
March 3, 2025 at 8:22 amIt not about canceling the order it’s about them making fool out of customer for 25 days without any answer that why it’s being delayed and on top
Of that cancelling the order by saying that i requested them to cancel it? How this not worthy of case, how can they cancel the order on 10:22 pm and create the cancellation query on 11:06 ?-
UUser_97667047
PARTICIPANT
March 3, 2025 at 8:35 amOk bro keep us updated about your progress all the best
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SSmartarushi4657
PARTICIPANT
March 3, 2025 at 7:27 amYou have solid merits to get your money refunded back to your account,Explore following things :
Legal Grounds:
– Deficiency in service (Sec 2(11) CPA 2019)
– Unfair trade practice (Sec 2(47) CPA 2019)Your case has strong merits under:
-Section 18(1) CPA 2019: Right to refund
-Rule 5(3) E-Commerce Rules 2020: Mandates proper refund mechanisms.
-RBI Guidelines on Gift Cards: Prohibits unreasonable restrictions. Also 50000 is the upper limit, so 75000 gift card is kind of what they are not allowed to issue without kyc and all which i dont think they might have done.
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LLuckylion4027
OP
March 3, 2025 at 7:32 amI was trying to register the complaint on e-jagriti but there are so many things it was asking, and i have already drafted most of them there is just little bit confusion i have, which i want to get cleared so if you have any experience of registering complaint on e-jagriti please let me know-
SSmartarushi4657
PARTICIPANT
March 3, 2025 at 8:05 amWhat is your confusion-
LLuckylion4027
OP
March 3, 2025 at 8:26 amOn e-jagriti when we go for filing it says that following documents are required to file the case.
Index
Proforma for filling consumer complaint
Synopsis with list of dates & events
Memo of parties
Consumer complaint with notarised affidavit
Add Annexures/documents
Add Application (IA)
VakalatnamaI have already drafted everything else but i don’t know what is proforma for filling consumer complaint and how do i draft this,
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SSmartarushi4657
PARTICIPANT
March 3, 2025 at 9:27 amHeader SectionBEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
[Your District Name]
COMPLAINT CASE NO: ________ OF 2025
UNDER SECTION 35 OF CONSUMER PROTECTION ACT, 2019Body Content
Parties
COMPLAINANT:
[Your Full Name]
S/o/D/o [Father’s Name]
Address: [Complete postal address with PIN]
Mobile: [Your Number] | Email: [Your ID]Vs.
OPPOSITE PARTY:
Myntra E-commerce Pvt. Ltd.
Registered Office: Sy. No. 55, 16th Cross, Sector 7, HSR Layout
Bengaluru – 560102
CIN: U52100KA2007PTC041799Jurisdiction Statement
“This Commission has jurisdiction as the cause of action arose within ______ District and claim value is ₹75,000 < ₹1 Crore.”
Factual Matrix
Use this structure:
| Date | Event | Document Reference |
|————|——————————–|——————–|
| 06-Feb-25 | Ordered 10gm gold coin | Annexure A1 (Invoice) |
| [Dates] | Follow-up communications | Annexure B1-B5 (Emails/Chats) |
| 03-Mar-25 | Unilateral cancellation | Annexure C1 (Cancellation Mail) |Legal Grounds
– Deficiency in service under Sec 2(11) CPA 2019
– Unfair trade practice under Sec 2(47) CPA 2019
– Violation of RBI PPI GuidelinesPrayer for Relief
– Direct OP to refund ₹75,000 to bank account
– Compensation of ₹25,000 for mental harassment
– Litigation costs of ₹5,000Attachments Checklist
(As per e-Jagriti requirements)Annexure- Document-Notarization
A-Gift card purchase receipt (bank statement) -Not required
B -Order cancellation proof- Not required
C -Communication records with Myntra- Not required
D -Legal notice copy + postal receipt -Notarized
E -Affidavit (already prepared by you) -Notarized
Note:Please verify everything with your lawyer as this is not a legal advice. Also cross check above details with latest changes if any.
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UUser_97667047
PARTICIPANT
March 3, 2025 at 9:54 amYou are missing a important point here, he didn’t buy the gift card from myntra-
SSmartarushi4657
PARTICIPANT
March 3, 2025 at 9:57 amHe said ‘by purchasing myntra gift card’. Did he clarify in any followup question that he had bought from some other place coz it was not mentioned in the original post.-
UUser_97667047
PARTICIPANT
March 3, 2025 at 9:59 amHe clarified, he bought it from a third party site at a discounted rate and he used that to load Myntra wallet, so from Myntra perspective the payment mode is their wallet. What op asking won’t work since he bought the vouchers from a different site-
LLuckylion4027
OP
March 3, 2025 at 10:59 amMain issue is that they canceled the order after 25 days and gold prices have gone up since then & there is no offers going on which is the main reason i ordered from myntra otherwise i wouldn’t have, and they are saying that they canceled the order on my request even though i didn’t raised any cancellation request. So why would i keep the myntra credits when it’s not useful for me anymore-
SSmartarushi4657
PARTICIPANT
March 3, 2025 at 12:04 pmAll you can do is make them deliver you the gold at the price when you has purchased it first. Modify your case as per that. -
LLuckylion4027
OP
March 3, 2025 at 12:17 pmThat’s the issue that myntra is no doing anything i have given so many options but all they say is their scripted response that there is nothing can be done as order has already been canceled, even their grievance officer is not doing anything -
SSmartarushi4657
PARTICIPANT
March 3, 2025 at 12:27 pmTake legal recourse.
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VVimalowl309
PARTICIPANT
March 3, 2025 at 11:01 amHi lawyer from delhi here!I would be happy to help but free ka gyan dene ka man nahi kar raha. Sorry for saying this OP! 😛
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LLuckylion4027
OP
March 3, 2025 at 12:14 pmAnd on your profile it says Lawyer here to help people, Irony. well it’s totally your choice gyaan dena nhi dena.-
VVimalowl309
PARTICIPANT
March 3, 2025 at 2:18 pmI have been doing that for more than a year now. But presently I am also struggling badly and not being from delhi and establishing my own independent litigation has been a really tough journey and I too have to pay my rents, bills, etc, and the thanklessness of people, is causing this turmoil, which is troubling my mind.
Nothing else!
9 saal lagaye hai bhai, ye sab procedure seekhne me and in literal sense I have poured in my blood, sweat, hardwork and a lot of pain.
In short ‘9 saal ki ghor tapsya’, samjh lijiye ap.-
LLuckylion4027
OP
March 3, 2025 at 4:19 pmBhai to meine to aapko kuch kaha hi nhi, bilkul tumhari mrzi h bhai ki kb free ki advice deni h kb nhi.
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UUser_dff61ca1
PARTICIPANT
March 6, 2025 at 5:25 amFacing similar issue with Flipkart.
for 27k item, the lawyer is charging 5k for docx.
Will update in a week how it will go.-
LLuckylion4027
OP
March 7, 2025 at 11:12 amDont pay the lawyer anything i have drafted my documents all by myself and on monday i will fill it, if it will be accepted then i will give you the draft so you can edit accordingly
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