Friday, May 17, 2013

How to file a Complaint in Consumer Court in India

Many time in our daily life we are cheated by Shop Keepers, Banks, Insurance etc.etc.
But either we fight with them or we don't raise our voice thinking what we can do.
But our Government has given us the right and power to drag them to consumer court and if they found guilty they have to pay the fine or give back your money.

But many of us don't know how? Where? 

Its very easy! Just remember few things about it.

Who can file a complaint and What are the issues to consider when filing a complaint?

A) Any person who can be termed as a consumer under the Act can make a complaint. The following are the persons who can file a complaint under the Act :

* a consumer; or

* any voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force, or

* the Central Government or any State Government,

* one or more consumers, where there are numerous consumers having the same interest.

Issues to consider when filing a Consumer complaint

You would have to check where the jurisdiction would lie and then ascertain the value of the claim. You will have to file your complaint depending upon the amount of money or compensation you want from the opposite party for the deficient service he has provided you or for the defective product that you have been sold. It is important to note that most Judges in these courts will be able to tell if you are unnecessarily filing a complaint & are just trying to make a quick buck.

How to do it?

1.First buy a copy of the Consumer Protection Act. The format for filing a Complaint is given at the back. It is quite simple.
2. Read Sec.2 and ascertain under what sub section your complaint comes under eg. deficiency of service, unfair trade practice, restrictive trade practice etc.
3. Draft your Complaint in simple, succinct terms stating the facts along with documentation in support.
4. You will need to file it in 3 originals for the Forum, 1 for service to each opposite party and obviously 1 for yourself.
5. Better to visit the District Forum having jurisdiction in your area to find out about the fees which must be paid by DD.
6. Visit for more info.
7. It is quite a simple process which does not need a lawyer unless you feel you require one. In metro cities it may take at least 2 years for a decision so be prepared for usual delays.

Good Luck and All the best !

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