Are you planning to file a Consumer Complaint against any supplier or service provider who took you for a ride? Did someone supply damaged goods and later refused to replace it or rectify the damage? Or were you provided poor service in spite of paying for it? And you still don’t know how to proceed with the formalities of filing the Complaint, or where to file it? Finding a lawyer may sound too expensive than the product value or compensation amount.
Then what next? Don’t worry, we are here to help you out.
How To File A Consumer Complaint?
The procedure to file a Consumer Complaint is as follows:
Consumer – First and foremost, you have to be a Consumer under the legal definition of Consumer. A Consumer is a person who has purchased goods or availed services for a consideration or money. The goods purchased should be for his own use and not for resale or commercial use.
Time Limit – You have to file a Complaint with the Consumer Forum within two years from the date on which the cause of action arose. In case of delay in filing, you have to explain each day’s delay and request for condoning the delay in the Court.
1. Send Notice to Service Provider – Once you are sure that there is a defect or damage in the goods you purchased, or the services provided were poor, then you have to send a written notice to the supplier or service provider explaining the defect and demanding to rectify the defects or faults or replace the damaged goods within one month time. The notice should be addressed to the nearest address of the supplier or service provider for ease of filing the Complaint.
2. File the Complaint with the Court
Prepare the Paperwork – Type the Complaint on a legal paper neatly with double space and margins on left and right. Prepare an index with page numbers. Page numbering should be added and properly indexed in the front index page.
Complaint Contents – The Complaint should be in a chronological order of the grievance in detail, the grounds on which relief is claimed and the relief claimed (legal costs, damages and compensation for mental agony, interests). Also mention the jurisdiction of the Court to accept the Complaint. The Complaint should be signed by the Complainant.
Make an Affidavit – Prepare an affidavit stating that the facts mentioned in the Complaint are true.
Attach Documents – Copies of all documents which you want to rely on, to support your Complaint should be attached to the Complaint.
File the Complaint (with or without a Lawyer) – You can directly appear in the Court and file the Complaint. Or you can give an authorisation letter to any of your close relatives or friends to appear and file on your behalf. If you engage a lawyer you have to enclose a Vakalatnama.
Delay Application- In case of delay in filing, prepare a condonation of delay application giving valid reasons for the delay in filing the Complaint. Get it Notary attested.
You have to file one original and two copies of the Complaint and all attachments initially. After the Complaint is admitted in the Court, you may have to file more number of copies as there are opposite parties.
Where To File The Consumer Complaint (Jurisdiction)?
There are three Courts where the Consumer Complaint can be filed. There is a monetary limit for each of the Courts:
The District Consumer Forum – Upto Rs. 20 Lakhs
The State Commission/State Consumer Forum – From 20 lakhs to 1 crore
The National Consumer Forum – Above 1 crore
Appeal- Once you file a Complaint in District Forum and an order is passed, and if you are aggrieved by the said order, then you can file an appeal against the order in the State Commission and further to the National Forum against any order passed by the State Commission.
The Fee Structure For Filing The Complaint
There is a nominal fee that you have to pay to the Court depending on the amount of relief claimed in your Complaint. This is as follows:
Before the District Forum
Upto Rs. 1 lakh
1 lakh To 5 lakhs
5 lakhs To 10 lakhs
10 lakhs to 20 lakhs
Before the State Commission
20 lakhs To 50 lakhs
50 lakhs To 1 crore
Before the National Commission
Exceeding 1 crore
Frequently Asked Questions (FAQs)
1. I had purchased some garment materials from a wholesale dealer for my business requirements of selling the garments through my retail shop. But to my shock I found the garment materials to be of inferior quality and damaged. Can I file a Complaint in the Consumer Court for claiming compensation for my loss?
No, You cannot file a Consumer Complaint since you do not fall under the category of a Consumer as per the Consumer Act. Since you have purchased the goods for a commercial purpose you are not a Consumer. Hence you have to file your Complaint in the Civil Court.
2. I purchased a new car a year back. The Dealer had promised three free services, two from the Company and one from the Dealer. Already the Company’s 2 services are over and now the one remaining service is pending. When I approached the Dealer for the third free service he flatly refused to provide it stating that they had changed their rules. Now can I approach the Consumer Court and get justice?
Yes, you can file a Complaint with the District Forum in your area. The Dealer is bound to provide the service promised by him and if he doesn’t he is liable to compensate.Please refer our section as to how to file the Complaint and proceed.
Make Your Own Complaint
Your busy schedule may be forcing you to postpone the filing of the Consumer Complaint that you were planning in order to get justice. But remember that there is a time limit within which you have to file your Complaint. So don’t waste time looking for expert lawyers, or trying to draft it yourself without proper guidance from experts. We can help you prepare your Complaint.
A Complaint which does not include the vital details and is not presented in the proper format may be rejected also. Contact LegalDesk.com to shoulder your burden. We have well tailored and legally verified Complaint formats with just the click of your keyboard. Provide your details and we will prepare your Consumer Complaint quickly.
We can create these for you:
Make your Affidavit for Consumer Complaint
Prepare the Authorisation letter for authorising another person to file the Complaint
Create the Consumer Complaint to be produced in the Court
Application for Condonation of delay
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