Limitation - time limit to file complaint

The complaint should be filed within 2 years from the date of cause of action.

Appeals are require to be filed within 30 days from the date of receipt of the court's order.

Where to file consumer complaint

Consumer complaint can be filed in any of the following courts:

District Consumer Disputes Redressal Forum (DCDRF)
State Consumer Disputes Redressal Commission (SCDRC)
National Conumer Disputes Redressal Commission (NCDRC)

The choice of court will depend on the amount of transaction and relief you seek and the location where the cause of action arises.

If transaction and relief is Rs. 20 Lakhs or below, case is filed in DCDRF
If amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is filed in SCDRC
If amount is Rs. 1 Crore and above, case is filed at NCDRC

The case is filed in the city / state where the Opposite Party resides, has registered office, branch, or works for gain.

The case can also be filed in the city / state where the cause of action has occurred.

Consumer complaint format

BEFORE THE HON’BLE NATIONAL / STATE / DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION/FORUM AT ( CITY ).

COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.

IN THE MATTER OF : (Name and address of complainant)

.................... COMPLAINANT

VERSUS

(Name and address of the accused)

.................... OPPOSITE PARTY

INTRODUCTION:
A brief paragraph about the complainant explaining the name, residence address and occupation of the complainant.
A brief paragraph about name, address and occupation of the opposite party.

RESPECTFULLY SHOWETH:
1. Description of the deal and services promised by the opposite parties for the value paid by the complainant.

2. Description of the advertisements given by the opposite parties which attracted the complainant to purchase the commodity and services.

TRANSACTION :
Details of the price of goods and services.
Details of the bill/invoice (bill number and date, item and amount)
Details of payments made by complainant (cheque number/cash, etc.)

NATURE OF COMPLAINT:
(select from list or write as required)
1. Misleading advertisements and false representation.
2. Cheating by giving false promises.
3. Deficiency in after sales service or not abiding by warranty clause.
4. Harassment by the opposite party.
5. Not delivering the goods and services for which payment is made.
6. Charging excess amount.
7. Any other factors that affected the consumer.

OTHER EVIDENCES OF SUPPORT OF COMPLAINT:
Copy of advertisement and catalogue that promised the concerned goods and services.

Copy of bill as evidence of purchase.

Other documents such as agreement copies, bounced cheques, opposite parties' letters.

Copy of letters sent to the opposite party to request for rectification of fault and settlement of the grievance.

JURISDICTION:
(Select one)

As the total amount involved is more than Rupees 1 crore, the complaint is being filed with the Hon'ble National Consumer Disputes Redressal Commission.

OR

As the total amount involved is more than Rupees 20 lakhs and less than 1 crore, the complaint is being filed with the Hon'ble State Consumer Disputes Redressal Commission.

OR

As the total amount involved is less than Rupees 20 lakhs, the complaint is being filed with the Hon'ble District Consumer Disputes Redressal Forum.

PRAYER:

The complainant therefore prays :-
i) relief be granted to the complainant as demanded herein.
ii) that such orders be passed as the Hon'ble Consumer Forum may deem fit in the circumstances of the case.
iii) that the accused should be punished severely so that culprits of similar kind would be afraid to indulge in such criminal activities.
iv) mention any other statement of prayer you wish to state.

PLACE : Signature

DATED : NAME OF THE COMPLAINANT

VERIFICATION

I (name of complainant), resident of (residential address) hereby declare that I have not misrepresented any facts nor have tried to hide any information in my above complaint. All the facts mentioned herein are true to the best of my knowledge.

Name & signature of the complainant

Please note: The affidavit should be notarized before further copies of complaint set are made for submission.

Arrangement of the complaint papers:
All papers to be kept in paper file in following order:
1. Complaint
2. Affidavit
3. List of documents
4. Documents
5. Vakalatnama
6. Application for injunction (if any)
7. Application for condonation of delay (if any)

Page numbers to be written on lower right corner.

Deposit the complaint file at the consumer court along with appropriate court fee.

General Procedure of Consumer Complaint

1. Send a notice to the Opposite Party giving him time limit to settle your grievance.

2. Prepare the consumer complaint in the required format (as also given in this web-site)

3. Get the complaint affidavit notarized through a notary.

4. Make required number of photocopies after notarizing.

5. Prepare a bank draft from a nationalized bank to pay court fee.

6. Submit the complaint and court fee to the receiving clerk in the consumer court who will give you the date for admission hearing and complaint reference number number.

7. On admission hearing, you would be informed whether your case is fit for acceptance or not. If accepted, you will be given the date for next hearing.

8. The court will send your complaint copy to the opposite party seeking reply within 30 days, and asking him to attend the hearing.

9. The hearings will continue till the matter is decided.

10. The courts final order will be sent to all the parties by registered post.

Please note: It is important to attend the hearings, else the matter may be decided ex-party on the merits of the case.

How to serve notice to the opposite party

The notice can be served to the opposite party through following modes:

- Registered acknowledgement due post

- Certificate of posting

- Courier

- Fax transmission

- Hand delivery

Please note: You should retain the proof of posting (also called proof of service) with you. You may be required to submit this in the court.

How to prepare a notice

The notice may be prepared in the style given below, and sent by registered acknowledgement-due post, courier, fax. The complainant should retain the proof of posting.

Dated: dd-mm-yyyy

The Managing Director
ABC Engineering Works
Gala No. 22, XYZ Compound
Gandhi Nagar
Mumbai 400602

SUB: NOTICE BEFORE FILING CONSUMER COMPLAINT

Dear Sir,

1) Give details of your purchased of product or service (cash memo number and date).

2) Give information about the warranty or guarantee promised to you at the time of purchase.

3) Give details of the deficiency in the product or service.

4) List the problems you are facing due to this deficiency.

5) Give the details about your efforts to inform about this grievance in the past to which the party has not responded.

6) Give a time limit of at least 15 to 30 days to settle your grievance by asking for refund of full amount with suitable interest (18%), or replacement of the product along with suitable compensation, else you will file a complaint with the Consumer Court as you are protected under the Consumer Protection Act of 1986.

7) Inform that the consumer complaint will be at his cost and expenses, and you will seek compensation for the mental agony caused due to his deficiency in services.

Yours truly,

Your signature, name, and address

Please note: If you are a member of ICRPC, your notice will be sent to the party without any cost. Get membership today to get benefits.

Consumer rights and duties

Consumer rights and duties

A consumer includes anyone and everyone who makes a purchase. It could be a little child who buys an ice-cream to an adult who buys a car to an elderly person who buys fruit. Moreover, it is not only buyers of goods of daily consumption items (foodgrains, fruit, vegetables etc), durable consumer goods (electric irons, mixers, refrigerators etc) but also people who avail of services like banking, insurance and transport facilities like the railway as well as credit cards. In a nutshell, an individual can be a consumer of a good, an eatable or a service.

Rights

• The right to satisfaction of basic needs

To have access to basic, essential goods and services such as food, clothing, shelter, health care, education and sanitation.

• The right to safety

To be protected against products, production processes and services which are hazardous to health or life.

• The right to be informed

To be given the facts needed to make an informed choice, and to be protected against dishonest or misleading advertising and labelling.

• The right to choose

To be able to select from a range of products and services offered at competitive prices with an assurance of satisfactory quality.

• The right to be heard

To have consumer interests represented in the making and execution of government policy, and in the development of products and services.

• The right to redress

To receive a fair settlement of just claims, including compensation for imsrepresentation, shoddy goods or unsatisfactory services.

• The right to consumer education

To acquire knowledge and skills needed to make informed, confident choices about goods and services, while being aware of basic consumer rights and responsibilities and how to act on them.

• The right to a healthy environment

To live and work in an environment which is non-threatening to the well-being of present and future generations.

Responsibilities

• Critical awareness

The responsibility to be more alert and questioning about the price and quality of goods and services we use.

• Action

The responsibility to assert ourselves and act to ensure that we get a fair deal. As long as we remain passive consumers we will continue to be exploited.

• Social concern

The responsibility to be aware of the impact of our consumption on other citizens, especially disadvantaged or powerless groups whether in the local, national or international community.

• Environmental awareness

The responsibility to understand the environmental consequences of our consumption. We should recognize our individual and social responsibility to conserve natural resources and protect the earth for future generations.

• Solidarity

The responsibility to organize together as consumers to develop the strength and influence to promote and protect our interests.