SUIT ON GOODS SOLD AND DELIVERED

IN THE DISTRICT COURT OF MUNSIF AT TIRUCHIRAPPALI

O.S.No. 263/2017

C.Arun .Plaintiff

Vs.

K. Dinesh,
Manager,
MGB Electronics, Thillai Nagar,
Trichy .Defendant

PLAINT FILED UNDER ORDER VII RULE 1 OF CPC FOR GOODS SOLD AND
DELIVERED

The Plaintiff above named submits as follows:

1. The Plaintiff Mr. C. Arun S/o Mr. M. Chidhambaram, Hindu, aged about 23 years and
residing at 20A, Green Breeze Apartments, IIIrd Cross, Thillai Nagar, Trichy-620007.
2. The Address of the Plaintiff for service of all Notices and other processes from this Court
of Law is that of his Advocate Mr. Raj Kumar, B.A.,LL.B (Hons), having his office at
No. 102, KVR Complex, Thennur Road, Trichy
3. The Defendant Mr. K. Dinesh, Manager of MGB Electronics, Thillai Nagar, Trichy S/o
Mr.A.Kamaraj, Hindu, aged about 33 years and representing MGB Electronics residing at
Flat No. F7, Vinayaka Flats, Karur road, Jeeyapuram, Trichy 620014, which is also the
address for service of all summons and other notices from this Court of Law.
4. The Plaintiff, therefore, states that the Defendant had sold the defected good from the
brand of LG Led Plasma TV on 15.04.2017 for a consideration of Rs. 73,500/- with 5
years warranty, which was delivered to him on 17.04.2017. On noticing the defect, the
Plaintiff approached the Defendant on 30.04.2017 either to repair or replacement of the
defected good. But, the Defendant refused to provide any services in this regard.
5. The Plaintiff states that the cause of action for this suit arose at Trichy on 15.04.2017
when the Defendant had sold the good with the warranty of 5 years; on the same day
when the total consideration of Rs. 73,500/- was paid by the Plaintiff; on 17.04.2017
 when the same defected good was delivered to the Plaintiff; on 30.04.2017 when the
Plaintiff demanded for repair or replacement of the said delivered property; on
12.05.2017 when the Plaintiff has sent an Advocates Notice to the Defendant, on
19.05.2017 when the Defendant has acknowledged the receipt of the Advocates Notice
and subsequently.
6. The Plaintiff states that this Honble Court has jurisdiction to try the suit as the whole
cause of action arose at Trichy and values the suit at Rs. 73,500/- and pays thereon a
Court Fee of Rs. as per Section 24 of The Tamil Nadu Court Fees and Suits
Valuation Act.
7. The Plaintiff therefore prays for a Judgment and Decree against the Defendant
i. in replacing the delivered defected goods with the new good and an additional
services to be provided for the new good.
ii. for further compensation for mental harassment, loss of wages suffered by the
Plaintiff due to the delivery of defected good
iii. for Costs of the suit
iv. for such other reliefs which the Plaintiff is entitled and which this Court deems to be
fit and proper in the interest of justice.

VERIFICATION

I, C. Arun, the Plaintiff above named, do hereby verify and state that the allegations/averments
set out in Paras 1 to 5 are based on knowledge, what has been stated in Para 6 is based on
information and what has been stated in Para 7 is based on belief and that the same is true.

(Signature of the plaintiff)