COMPLAINT-PETITION

Republic of the Philippines

SECURITIES AND EXCHANGE
COMMISSION

2006 Rules of Procedure


SEC Reorganization Act (PD 902-A of 1976)

Revised Securities Act (BP 178 of 1982)

Securities Regulation Code (RA No. 8799 of 2000)


 REPUBLIC OF THE PHILIPPINES
SECURITIES AND EXCHANGE COMMISSION

In the matter of:

EMMRJ LOAN CONSULTANCY CORPORATION
SEC Registration No. CS201713579

COMPLAINT PETITION

COMPLAINT
for fraud securities

Summary
of the Case:

By the year of 2018 Ms 80 percent profit The said Company is

operating in its principal office address and its satellite offices/branch offices in
different areas of Philippines from 2017 up to current year. The deposit matures in
December 1999, but the Company fails to honour its commitment. It does not pay
the dues. Frustrated, Mr. X finally approaches the District Forum.
 REPUBLIC OF THE PHILIPPINES
SECURITIES AND EXCHANGE COMMISSION

ARRABEL QUEENIE C. VALENZUELA

No. 33 5th West Crame,
Brgy. West Crame
San Juan City
Complainant

-versus- COMPLAINT ALLEGING

FRAUDULENT TRANSACTIONS
INVOLVING SECURITIES AND
INVESTMENT SCAM
ELAINE JOY SANTOS
President & Head/Managing Director Case No._____________

EMMRJ LOAN CONSULTANCY

CORPORATION
Unit R-19 THE KNIGHTBRIDGE
RESIDENCES at Century City
Valdez St. Poblacion Makati
Metro Manila
Respondent/s
x-----------------------------------------------------x

laint - Petition is being filed on behalf of Mr. X, <Address of X>, referred

hereafter as Complainant, and is as follows :

.0 That this complaint Petition is being filed under Sec.

2 .0 (1)(b)(i) of the Consumer Protection Act.

2.1 That the opposite party No. 1 is engaged in the business of selling Consumer
durables like refrigerator, TV, Mixer Grinder, etc. to the public for a consideration,
apart from other activities. (Description about the O.P.)
2.2 That the Opposite Party No. 2 is the manufacturer of 'A' brand mixer grinders
and other electrical household gadgets and that the mixer grinders of O.P. No. 2 are
sold in retail by O.P. No. 1. (Description about the O.P)

(Narration of the incident)

.1 That on 28th April 2018 (date of purchase), the complainant purchased

securities (Details about the equipment purchased) manufactured by O.P. No. 2
from the show room of O.P. No. 1, vide Cash memo No...(Cash memo /Cash
receipt No.), a photocopy of the said document is furnished at Annexure - I.

3.2 That the mixer grinder abruptly stopped functioning (Nature of problem
encountered) on 8th January 1999 (when)
and the matter was immediately reported to O.P. No. 1. As per his advice the
defective mixer grinder was handed over in their Service Centre, on 9th January
1999. A photocopy of the Service Centre receipt is furnished at Annexure - II.

3.3 That the mixer grinder was returned back after rectification on 24th January
1999.

3.4 That the mixer grinder was put to use on 25th January 1999. After running
hardly for 5 minutes, the mixer grinder once again totally failed.

3.5 That the Complainant immediately reported the matter to O.P. No. 1 and also
complained to O.P. No. 2. Copy of the letter is furnished at Annexure - III.
(Furnish important relevant documents.)
3.6 That as per the advice of O.P. No. 1 the defective Mixer Grinder was once
again handed over to their Service Centre on 30th January 1999. There was
inordinate delay in rectifying the defect by O.P. No. 1. In April 1999 O.P. No. 2
advised O.P. No. 1 to replace the Mixer Grinder, Copy of the said letter is
furnished at Annexure - IV.

3.7 That the O.P. No. 1 did not bother to honour the directive of O.P. No. 2 and
till date the Complainant is suffering due to non-availability of the Mixer Grinder.

4.0 That the O.P.s had supplied defective good and they have to make good the
losses suffered by the complainant.

PRAYER

In view of the submissions contained in the preceding paragraphs, the

complainant most respectfully prays to the Hon'ble Forum to direct the
Opposite Parties to :

(a) refund the cost of the Mixer Grinder, Rs. <Cost> along with 18 % interest
;
(b) pay a sum of Rs. 10,000/- towards the physical strain and mental agony
suffered by the complainant and his family members (compensation) ; and
(c) pay a sum of Rs. 1,000/- towards cost of this petition (Cost) ;

for which act of kindness, the complainant shall, as is duty bound, ever
pray.
Signature
 (X) (Name)
Complainant
 COMPLAINT PETITION
For deficient service

CASE : Mr. X invests a sum of money with M/s Y & Co., a NBFC (Non Banking
Finance Company), operating in the same town, in December 1998. The deposit
matures in December 1999, but the Company fails to honour its commitment. It
does not pay the dues. Frustrated, Mr. X finally approaches the District Forum.

COMPLAINT PETITION

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

<NAME OF THE DISTRICT>

Consumer Dispute Case No. ........./200 <Year of filing>

A petition under Section -11 of Consumer Protection Act

and

In the mater of :

Mr. X
<Address of Mr. X> ...... Complainant

Vs.

Chairman & Managing Director

M/s Y & Co.
<Address of Y & Co.> ..... Opposite Party
To
Hon'ble President and
Members of District Forum
<Name of District>

May it please your honours :

This complaint petition is being filed on behalf of Mr. X, <Address of X>,

referred hereafter as Complainant, and is as follows :

1.0 That this complaint Petition is being filed under Sec.

2 (1)(b)(i) of the Consumer Protection Act.

2.0 That the opposite party is a NBFC, engaged in the business of accepting
deposits from the public, apart from other activities. (Description about the O.P.)

(Narration of the incident)

3.1 That on 26th December 1998 (date of deposit), the complainant deposited a
sum of Rs.............(amount deposited) with the O.P., for a period of 1 year, vide
Fixed Deposit receipt No........, a photocopy of the said document is furnished at
Annexure - I.

3.2 That the F.D. matured on 25th December 1999 and the Complainant
approached the office of the O.P., on 26th December 1999, for encashing the FD.
But the staff of the Company, on some some pretext or the other delayed making
the payment (Nature of problem encountered). Hence the Complainant wrote to
the O.P., requesting his immediate intervention. A photocopy of the said letter is
furnished at Annexure - II. But the Complainant has not been paid his dues till
date.
3.3 That the non-payment of the maturity value of FD, by the O.P., on the
scheduled date, amounts to deficiency in service as defined under sec. 2(1)(g) of
the Consumer Protection Act.

4.0 That the O.P. has inflicted enormous amount of mental agony and financial
loss on the Complainant and his family.

PRAYER

In view of the submissions contained in the preceding paragraphs, the

complainant most respectfully prays to the Hon'ble Forum to direct the Opposite
Party to :

(a) pay the maturity value of the fixed deposit, Rs.........., along with 18 % interest
;
(b) pay a sum of Rs. 10,000/- towards the physical strain and mental agony
suffered by the complainant and his family members (compensation) ; and
(c) pay a sum of Rs. 1,000/- towards cost of this petition (Cost);

for which act of kindness, the complainant shall, as is duty bound, ever
pray.
Signature
(X) (Name)

Complainant
 AFFIDAVIT

I,______________________________________________, Son of,

__________________________________________________, and residing at
___________________________________, do hereby solemnly affirm and
declare as under :

1) That the facts stated in the complaint petition paras ___________ to

_________, in _________________________________________ Vs.
_______________________________________________, being filed before the
Hon'ble (District Consumer Disputes Redressal Forum (, Place) /State Consumer
Disputes Redressal Commission(, State)/National Consumer Disputes Redressal
Commission, New Delhi are true to the best of my knowledge and based on the
records maintained by me, which I believe to be true.

Deponent

Verification

Varified at <Place>, on this ____________ day of <Month> <Year> that

the contents of the above affidavit are true and correct to the best of my knowledge
and belief.

Deponent
Note:
1. The Affidavit has to be sworn before the Notary, on a Rs. 5/- non-judicial stamp
paper.
2. The details of Place, State, Month, Year are to be filled as per actual.
3. Complainant or Appellant is the Deponent.
TOP

FORMAT FOR AUTHORISATION

BEFORE THE NATIONAL COMMISSION, NEW DELHI /

BEFORE THE STATE COMMISSION, <STATE> /
BEFORE THE DISTRICT FORUM, <DISTRICT>.

Consumer Dispute Case/First Appeal/

Revision Petition No. ________ of <Year>

BETWEEN
______________________________________________<Complainant>
And
__________________________________ <Opp. Party/Respondent>

AUTHORISATION

I _______________________________________________ , of
<Address>________________________________________________,
Complainant/Appellant in the above case do hereby appont and retain
_______________________________________________________ to appear for
me in the above case and to conduct and prosecute the above mentioned
Respondent and in all proceedings that may be taken in respect of any application
connected with the same or any decree or order passed therein. I authorise the
aforesaid Representative to admit any compromise lawfully entered in the said
case.

Dated the : (Signature of the

CASE : Mr. X purchases a mixer grinder from M/s Y & Co. operating in the
same town, in December 1998. Even within the warranty period of 1 year the
grinder fails. M/s Y & Co. fails to rectify the defect. The manufacturer M/s Z
Ltd., was also unable to rectify the mixer grinder. Frustrated, Mr. X finally
approaches the District Forum.

Complainant)
Sample Complaint Petitions ...

MODEL SPECIMEN OF NOTICE, COMPLAINT

AFFIDAVIT AND REPLY

NOTICE BEFORE FILLING THE COMPLAINT

Name and address

……………………………………………………………………………..……….
……..

(of the trader, dealer, firm, company, etc)

………………………………………………………………………………….……
.……

(Complete address)

IN RE: (Mention the goods/ services complained of giving details)

……………………………………………………………………………………….
……

Dear Sir,

This is to bring to your kind notice that I had purchased

……………………..……... from your ……………. For a consideration of
Rs……………………………..paid in cash vide your cash memo/ Receipt/
Invoice No…………………………….…(or through cheque
No……………….……..) dated………………drawn on
……………….………….bank for a sum of Rs………………..

The said goods are suffering form the following defects:-

(i)……………………………….

(ii)………………………………etc.

I have reported the above matter to you several times (give reference of earlier
letters, if any) but despite all my pleadings you have not made good the defect in
the goods (or deficiency in services) which is indeed regrettable and highly
unbusiness like. On account of your aforesaid dereliction of duty and failure and
neglect to rectify the same I have suffered losses/ incurred
expenses…………………………………………………………………

(give details)

which you are liable to compensate to me.

You are hereby finally called upon to

• remove the said defects in the goods

and /or

• replace the goods with new goods

and /or
• return the price / charges paid

(iv) pay compensation for financial loss/ injury/interest suffered due to your
negligence…………………..

(give details)

in the sum of Rs…………………..with interest

@…………………………………….% per annum within
…………………………days of the receipt of this notice failing which I shall be
constrained to initiate against you for redressal of my aforesaid grievances and
recovery of the aforesaid amount such proceedings, both civil and criminal as are
warranted by law, besides filing a complaint under the statutory provisions of The
Consumer Protection Act, 1986 exclusively at your own risk, cost, responsibility
and consequences which please note.

Place …………………. …………………………

Dated…………………. (Signature)
 THE COMPLAINT

BEFORE THE HON'BLE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM AT……………………….

OR

BEFORE THE HON'BLE STATE CONSUMER DISPUTES

REDRESSAL COMMISSION AT………………….

OR

BEFORE THE HON'BLE NATIONAL CONSUMER DISPUTES REDRESSAL

COMMISSION AT NEW DELHI

IN RE : COMPLAINT NO……………..OF 20………….IN THE MATTER OF

(FULL NAME) (DESCRIPTION) (COMPLETE ADDRESS)

……………………….complainant

VERSUS

(FULL NAME) (DESCRIPTION) (COMPLETE ADDRESS)

…………………….Opposite Party/ Parties

COMPLAINT UNDER SECTION 12 / SECTION 17 SECTION 21 OF

THE CONSUMER PROTECTION ACT, 1986

RESPECTFULLY SHOWETH:

• INTRODUCTION

(In this opening paragraph the complainant should give his introduction as well as
that of the opposite party/parties.)

• TRANSACTION

(In this paragraph complainant should describe the transaction complained of, i.e.,
particulars and details of goods/services availed : items of goods/kind and nature of
service: date of purchased of goods/availing of service: amount paid as price/
consideration, full or in part towards the goods/service; Photocopies of the bill/
cash memo/ voucher or receipt should be attached and properly marked as
Annexure – A,B,C and so forth or 1,2,3 and so forth.)

• DEFECT/ DEFICIENCY

(In this paragraph complainant should explain the grievance, i.e.,whether the loss
or damage has been caused by some unfair trade practice or restrictive trade
practice adopted by any trader or there is some defect in the goods or there has
been deficiency in service or the trader has charged excessive price for the goods.
One should elucidate the nature of unfair trade practice adopted by the trader, i.e.,
relating to the quality of goods/ services: sponsorship: warranty or guarantee for
such period promised. The nature and extent of defects in goods should be
explainted and so should the deficiency in service. In case of excessive price one
should specify the details of actual price fixed by or under any law for the time
being in force or as set out on goods and their packing vis-a-vis the price charged
by the trader. Complaint can also be filed against offer for sale
of goods hazardous to life and safety when used. You should narrate your
grievance and rest assured it is being read/heard by compassionate and pragmatic
judges. Photocopies of relevant documents must be attached.)

• RECTIFICATION

(In this paragraph complainant should highlight what attempts were made by him
to set things right, i.e., personal visits or negotiations, communication in writing if
any: whether any legal notice was got served and/ or whether he has approached
any other agency for redressal like M.R.T.P. Commission, Civil or Criminal Court
of competent jurisdiction; the stage of its proceedings, its outcome, if any,
alongwith copies (certified preferably) of such proceedings. The nature of response
got from the trader when irregularities were brought to his notice, should also be
disclosed here).

• OTHER PROVISIONS

(In this paragraph reference may be made to any other law or rules or regulations
of particular procedure which is applicable to the case and /or which has been
violated by the trader and consumer's rights under the same. There are incidental
statutory obligations, which traders must fullful and in case of their failure to do so
the case in prima facie made out and Forum would take cognizance).

• EVIDENCE

(In this paragraph complainant should give details of documents and/or witnesses
he will reply upon to substantiate his case.The documents attached as Annexures as
stated above may be incorporated in a proper list and a list of witnesses (if any)
may be filed similarly). The annexures should be attested as “True Copy”.
• JURISDICTION

(In this paragraph complainant should liquidate the claim in the complaint i.e., upto
20 lacs; 20 lacs to 1 crore; or above and set out the pecuniary jurisdiction of the
Forum / State Commission/ National Commission, as the case may be. The
territorial Jurisdiction should be highlighted to obviate any formal objection).

• LIMITATION

That the present complaint is being filed within the period prescribed under section
24A of the Act.

• RELIEF CLAIMED

(In this paragraph complainant should describe the nature of relief he wants to
claim, i.e, for removal of defects in goods or deficiency in service; replacement
with new goods; return of the price or charges, etc., paid and/or compensation on
account of financial loss or injury or detriment to his interest occasioned by
negligence of the opposite party and elucidate how you have calculated the amount
of compensation claimed).

(10) PRAYER CLAUSE

It is, therefore, most respectfully prayed that this Hon,ble Forum/ Commission may
kindly be pleased to
………………………………………………………………………….

(Details of reliefs which complainant wants the Court to grant)

Place ……………….
JASMIN V. CO
(Authorized Representative/
Attorney-in-Fact for Complainant)
Phase 10A Package 2 Blk. 17
Lot 1 Bagong Silang, Caloocan City
09052316815