How to File Consumer Court Complaints

हिंदी में पढ़ें
January 07, 2016
By Advocate Chikirsha Mohanty



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.

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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.

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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.



 

These guides are not legal advice, nor a substitute for a lawyer
These articles are provided freely as general guides. While we do our best to make sure these guides are helpful, we do not give any guarantee that they are accurate or appropriate to your situation, or take any responsibility for any loss their use might cause you. Do not rely on information provided here without seeking experienced legal advice first. If in doubt, please always consult a lawyer.


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User Reviews


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thanks for the information

Savita on Dec 30, 2020
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very good article. Please provide more information on the subject

Aparna on Dec 24, 2020
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nice article. Good legal advice

Kaushal on Dec 16, 2020
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Puneet on Dec 09, 2020
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helpful in understanding the law

Vinayak on Nov 30, 2020
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excellent article. Very informative

Sangeeta on Dec 04, 2020
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good legal subject

Rajan on Dec 29, 2020
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how to contact a lawyer?

Jyoti on Dec 22, 2020
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whom to contact for any legal query?

Hema on Dec 01, 2020
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great advice. Thanks

Kirti on Jan 06, 2021
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good article. Can you give some more detail on the issue.

Ritika on Jan 08, 2021
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very informative. Can you tell more about this

Suman on Jan 03, 2021
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good advice. Who can I contact for my legal issue?

Shweta on Dec 29, 2020
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Abhay on Dec 21, 2020
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thanks for the info. How can we contact a lawyer?

Shivani on Dec 03, 2020
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A well written article.

Harsh on Jan 07, 2021
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Manisha on Jan 03, 2021
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more info needed on the law

Chirag on Dec 10, 2020

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