How to File a Consumer Complaint in Indian Court

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How to File a Complaint in the Consumer Court Secure your Rights as a Consumer

Transcript of How to File a Consumer Complaint in Indian Court

Page 1: How to File a Consumer Complaint in Indian Court

How to File a Complaint in the Consumer Court

Secure your Rights as a Consumer

Page 2: How to File a Consumer Complaint in Indian Court

IT Update18th May 2016

Steps to File a complaint in consumer court

Consumer Disputes Redressal Agencies have been established under the provisions of the Consumer Protection Act, 1986.

Consumer Disputes Redressal Agencies (commonly called the Consumer Courts) are established at three levels.• The District Consumer Disputes Redressal Forum at the

District level;• The Consumer Disputes Redressal Commission (State

Commission) at the State level; &• The National Consumer Disputes Redressal Commission at the apex level.

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Pre Requisite

Before approaching the Consumer Court, it is important to first give a notice to the service provider or manufacturer against whom the complaint is intended regarding the deficiency of service or unfair

practice and provide them an opportunity to rectify the deficiency.

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Flow Of Filing a Complaint in the Consumer Court

Choose the correct forum for filing the complaint.

Draft complaint

If being represented by an advocate or any other representative, attach an authorisation letter.

Attach documents supporting complaint

Clearly mention the relief being sought from the opposite party.

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Flow Of Filing a Complaint in the Consumer Court (Contd.)

Pay prescribed fee along with complaint before the forum

Sign complaint and a solemn affirmation stating that the facts mentioned are verified and are true and correct.

In case of delay, of more than two years from date of action, enclose an application seeking condoning of the delay.

Hand deliver the complaint or send it by registered post.

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Step – 1 – Choose the Correct Forum

• Choose the correct forum for filing the complaint

• Each agency has both a Territorial and Pecuniary jurisdiction.

• The complaint needs to be filed with the Court within whose jurisdiction the opposite party/parties either resides, has office or where the cause of action arose.

• If there are multiple opposite parties involved, the complaint can be filed at the Forum within whose jurisdiction one of the opposite parties resides or carries on business.

• The pecuniary jurisdiction (i.e. the amount involved in the consumer dispute) for the District Forum is up to Rs 20 lakhs and above Rs 20 lakhs but up to Rs 1 crore for the State Commission.

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Step 2 – Draft Complaint

• Draft your complaint carefully mentioning the correct and complete details such as your name, address, the name and address of all the opposite parties and the facts pertaining to your case.

• It is important to be factual and avoid any exaggeration in your application

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Step 3 – Advocate or Representative?

• You do not need an advocate to represent you before the Consumer Court.

• In case you are being represented, you will need to attach an authorisation letter

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• Attach documents supporting your complaint including copy of the bills, transactions IDs, communication with the brand/ opposite parties.

Step 4 – Supporting Documents

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• Clearly mention the relief being sought from the opposite party

• The consumer can ask for compensation, refunds, damages, litigation costs, and interest amount on funds tied up etc.

• Remember that the amount of compensation or other relief can be as per the pecuniary limits of the forums

Step 5 – Mention ‘Relief Sought’

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• You need to pay a prescribed fee along with your complaint before the forum.

Step 6 – Pay Prescribed Fee

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• Ensure that you sign your complaint and give a solemn affirmation stating that the facts mentioned are verified and are true and correct.

Step 7 – Solemn Affirmation of Facts

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• The Act provides for a limitation period of two years from the date of cause of action for the aggrieved customer to file a complaint with the consumer court.

• In case of delay, you also need to enclose an application seeking condoning of the delay.

Step 8 – Condoning of Delay

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• You can hand deliver the complaint or send it by registered post.

• A minimum 5 copies of the complaint need to be filed with the forum along with additional copies for each opposite party

Step 9 – Deliver the Complaint

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After receiving the complaint, the District Forum shall, on receipt of a complaint, refer a copy of the complaint to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty day

On Receipt of Complaint

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InstaRemedy –At your Service Always

Zindagi Banaaye Aasaan!

To help troubled consumer at their time of need is InstaRemedy – “An e-Commerce platform facilitating consumer grievance resolutions”.

InstaRemedy aims to facilitate resolution of consumer grievances that remain unanswered, unattended thereby building up a better bond between customers and brands.

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If you have any Complaints against any brand then you can contact us through• Website : www.instaremedy.com• Call : 022-39966111• Email : [email protected]

Zindagi Banaaye Aasaan!

InstaRemedy –At your Service Always