Skip to main content

How to File Consumer Court Complaints

 When a consumer is dissatisfied about a product or service he or she has a right to file a complaint in the respective consumer court regarding the same. The first step before even filing a complaint is to send a notice to the opposite party stating the facts of dissatisfaction regarding the availed service or product or of unfair trade practices and so on.


A legal notice is to give the opposite party a chance to compensate for the loss suffered by either replacing the commodity or returning the value of the purchase. In case the opposite party refuses to serve the notice then the consumers needs to approach the respective Consumer Court.


Connect with an expert lawyer for your legal issue

 


Process to file a complaint in the consumer court:


Step 1: The consumer needs to identify the Jurisdiction of the Forum where the complaint is to be filed.


The Consumer needs to take into consideration both the territorial and pecuniary jurisdiction of the tribunal.


i) Territorial Jurisdcition of Consumer Forums


A complaint shall be instituted in a District Forum or State Commission or National within the local limits of whose jurisdiction,—


a) The opposite party resides or caries on business or has a branch office or personally works for gain, or

b) If there are more than one opposite party, then any one of the opposite parties resides, or carries on business or has a branch office, or personally works for gain,

c) The cause of action arose.


Consult: Top Consumer Court Lawyers in India


ii) Pecuniary Jurisdiction of Consumer Forums


Sr. No.              Forums                             Amount


1                      District Forum                    Upto Rs. 20 Lakhs


2                      State Commission              Rs. 20 Lakhs to Rs. 1 Crore


3                      National Commission         Exceeding Rs. 1 Crore


Step 2: A nominal fee along with your complaint has to be paid before the District Forum, State Commission & the National Commission as the case may be.


Step 3: Draft a complaint stating all facts and sign the complaint. In case any other person is authorized to file the complaint then complaint has to be accompanied with authorization letter. You will also have to mention the name, description and address of the complainant and the name, description, address of the opposite party or parties against whom relief is claimed.


Step 4: Attach all documents to support your complaint including the copy of the bill of the goods bought, warranty and guarantee documents and also a copy of the written complaint and notice made to the trader requesting him to rectify the product.


Step 5: Mention your compensation costs. Besides the compensation cost, a consumer can also ask for the refunds, damages, litigation costs, and interest amount. You must give the breakup for the amount to be claimed under different heads.


Connect with an expert lawyer for your legal issue


Step 6: Complaint must clearly state as to what relief is one looking for against the opposite party.


Step 7: The Act provides a limitation period of two years from the date of cause of action. In case there is delay in filing the complaint, please explain the delay which can be can be condoned by the Tribunal.


Step 8: Also, file an affidavit along with the complaint stating that the facts stated in the complaint are true and correct.


Step 9: The complainant can present the complaint in person or by his/her authorized representative without engaging any advocate. The complaint can be sent by registered post. A minimum of 5 copies of the complaint is to be filed in the forum. Besides this you have to file additional copies for each opposite party.


Comments

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...