When a consumer is dissatisfied with 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 need to approach the respective Consumer Court.
Step 1: The consumer must identify the jurisdiction of the forum where the complaint will be filed.
Consumers should consider both the territorial jurisdiction and the pecuniary authority of consumer forums.
i) Territorial Jurisdiction
A complaint must be filed with a District Forum, State Commission or National within local limits of whose jurisdiction,
a) Either the other party lives, works, has a business, or
b) In case of more than one party, then where either of the opposite parties lives, works or has a business, or
c) where the cause of action arose.
ii) Pecuniary Jurisdiction of Consumer Forums
Sr. No. Forums Amount
1 District Forum up to 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 the complaint has to be accompanied by an authorization letter. You will also have to mention the name, description, and address of the complainant and the name, description, and 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 refunds, damages, litigation costs, and interest amounts. You must give the breakup for the amount to be claimed under different heads.
Step 6: The complaint must clearly state 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 a 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 complaint can be presented by the complainant himself, or his/her authorized representative. It is not necessary to engage an advocate, though highly recommended. Five copies of the complaint must be filed in the forum. Additional copies for each opposite party also have to be filed.
When a consumer is dissatisfied with 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 need to approach the respective Consumer Court.
Step 1: The consumer mustidentify the jurisdiction of the forum where the complaintwill be filed.
Consumers should consider both the territorial jurisdiction and the pecuniary authority of consumer forums.
i) Territorial Jurisdiction
A complaint must be filedwith a District Forum, State Commission or National within local limits of whose jurisdiction,
a) Either the other party lives, works, has a business, or
b) In case of more than one party, then where either of the opposite parties lives, works or has a business, or
c) where the cause of action arose.
ii) Pecuniary Jurisdiction of Consumer Forums
Sr. No. Forums Amount
1 District Forum up to 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 the complaint has to be accompanied by an authorization letter. You will also have to mention the name, description, and address of the complainant and the name, description, and 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 refunds, damages, litigation costs, and interest amounts. You must give the breakup for the amount to be claimed under different heads.
Step 6: The complaint must clearly state 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 a 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 complaint can be presented by the complainant himself,or his/her authorized representative. It is not necessary to engage an advocate, though highly recommended. Five copies of the complaint must be filed in the forum. Additionalcopies for each opposite party also have to be filed.
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