Google news india - Consumer Protection - How to file a complaint in the Consumer Grievance Redressal Forum ?

 

 

Consumer Protection - Who can file a complaint ?

 

 

 

The following categories of persons can file a complaint under the Consumer Protection Act:

Any consumer voluntary association registered under the Consumer Societies Registration Act, 1860 or the Companies Act, 1956 or any other law for the time being in force.

Central Government State Governments or Union Territory Administrations. A customer can complain on behalf of more than one customer for the same reason.

Consumer Protection Complaint can be filed by the consumer himself or his authorized representative.

 

 

What should be the content of consumer protection complaint?

Complaint under the Act means any allegation in writing made by the complainant in respect of one or more matters :-

Loss or damage caused by any unfair trade practice followed by any trader.

One or more defects in the goods mentioned in the complaint.

Deficiencies in any aspect of the Services described in the Complaint.

A price charged by the merchant for the goods mentioned in the complaint in excess of the price indicated

Prices fixed by law for the time being in force.

The prices displayed on the goods or on any container filled with such goods

 

 

Where to file a consumer protection complaint?

(a) Cost of goods or services and compensation sought for damages

Concerned District Consumer Grievance Redressal Forum if up to 1 crore

State Consumer Grievance Redressal Commission from Rs 1 crore to Rs 10 crore.

10 crores National Consumer Grievance Redressal Commission, Delhi.

 

 

(b) Within how many days the complaint should be filed Complaint has to be filed within two years after the cause of complaint arises.

 

 

(c) Complaints may be made to the Commission at the forum where the cause of action arose or where the adverse party carries on business or has its branches.

 

 

How to file a consumer protection complaint?

The process of filing a complaint and getting a redressal is very simple and fast.

 

 

The consumer can send his written complaint to the appropriate forum/commission in person or by post along with necessary copies.

Filing a complaint does not necessarily require the assistance of a lawyer.

 

 

Consumer protection complaints should include the following information:(Sample attached)

Complaint can be made in any of Marathi/Hindi/English language.

 

 

Name and address of consumer protection complainants

Name(s) of Opposite Party(ies), Address(es).

Information about the facts or circumstances surrounding the complaint and when and where it arose.

Documents, if any, in support of the allegations in the complaint.

Nature of compensation expected by the complainant.

Complainant or his authorized representative should sign the complaint.

 

 

consumer protection Forms of compensation available to the consumer:

The Forum / Commission may make one or more of the following compensation orders taking into account the compensation sought by the consumer as well as the circumstances.

 

 

REMEDY OF DEFECTS IN GOODS/SERVICES.

Exchange of goods.

Returning the price paid.

Compensation for loss or injury suffered.

Prohibition of continuation of unfair trade practices/withdrawal from the market.

However, those making false complaints may be fined up to Rs.10,000/-.

 

 

Procedure for filing appeal:

Against the decision of the District Forum to the State Commission,

to the National Commission against the decision of the State Commission,

An appeal can be filed to the Supreme Court against the decision of the National Commission.

There is a period of 30 days to file an appeal.

 

 

The procedure for filing an appeal is similar to the procedure for filing a complaint.

It is only necessary to enclose with the application any orders relating to the decision of the District Forum, State Commission or National Commission (as the case may be) or to state the grounds for filing the appeal.

 

 

Time Limit for Decision on Grievance/Appeal:

As the Act focuses on redressal of consumer grievances in an easy, expeditious and cost-free manner, the following provisions have been included in the Act and the rules made thereunder for speedy redressal of consumer grievances.

 

 

It is binding on the complainant or appellant or his authorized representative and the opposite party to appear before the Forum or the Commission on the day of hearing or the date to which the hearing may be adjourned.

 

 

In case of a notice that is not required to analyze or test the affair, the party has to complain about the NCP, the State Commission or the District Forum within 5 months, within 3 months and within 5 months.

The complaint/appeal is expected to be decided by the National Commission or the State Commission / District Forum preferably within 90 days from the first date of hearing.

Complainant/Advocate/Authorised Representative/Advocate while filing and scrutinizing consumer complaint application A resolution passed regarding filing through an authorized person and giving authority to sign the said complaint application, accompanying documents and affidavit should be filed.

(h) If the Jabdar is a legal person, after the notice has come into force, he shall be given a letter of authority by his authorized representative/person authorizing the same, as well as the contact details of the head office and, if a branch party, the branch.

(h) At the time the customer files a complaint, if it is found that a previous person other than the current person in the management is/are responsible for the defect in the goods/services, then the person in the previous management along with the current person shall be held responsible. So join.

(k) While filing the complaint on the right hand side of the complaint after the title, the total amount of the claim and the amount of fee collected for the purpose of determining the pecuniary jurisdiction of the forum should be indicated and below that the provision under which the complaint application is filed should be mentioned.

(l) Thereafter, the main body of the complaint, containing a detailed account of when, where and how the cause of the complaint arose, and finally numbering the particulars of the prayer and complaint.

(d) Thereafter, the complaint form should be signed on the right side by the complainant and on the left side if the complaint form has been drafted by the lawyer, the lawyer should sign it. Thereafter, the complaint application should be verified on affidavit as follows.

pledge

I, ...................................., Age ....... years, Occupation - ............, Mr./Mrs. son/daughter/wife of ................................... solemnly declares on oath that, present Statements mentioned in the consumer complaint application in paragraph No....... to ....................... are made on the basis of information received from .............., which are true and correct to the best of the knowledge and understanding of the complainant. Also, circular no. The statements in ....... are made in accordance with the legal advice given by a lawyer and are true and correct to the best of the complainant's knowledge and belief. In witness of the said statements the complainant has signed below.

Place :- Date :-

(Signature of Complainant)

(d) If the consumer complaint application is representative, an application for permission under section 12 (1)(c) of the Consumer Protection Act, 1986 to proceed should be attached to the complaint application.

(n) In case of a representative complaint, along with the application filed u/s 12 (1)(c) of the Consumer Protection Act, 1986, an application seeking permission under Order I, Rule 10 of the Code of Civil Procedure should be filed with the complaint.

(s) If the complaint is filed through a lawyer, a proper attorney letter should be filed along with the consumer complaint application. In case the complaint application is filed through an authorized representative/attorney, the power of attorney and/or power of attorney should be submitted on stamp duty of `100/-.

(r) The complainant should file an address-memo with the complaint form mentioning the detailed and correct address for correspondence to the Jabdar/District Consumer Forum/State Consumer Commission. In the said address-memo the complainant should mention his contact number, mobile number and e-mail id. Also, the advocate/authorized representative/power of attorney holder should also mention their telephone number, mobile number and e-mail ID.

(d) The complainant should file the list of documents attached with the consumer complaint application as shown below.

A.No. DETAILS OF DOCUMENTS No. of Documents Remarks -------------- Original/Certificate Page no

 

d) The total number of documents should be mentioned at the end of the said list. Copies of the documents attached with the complaint form (which are not originals) should be countersigned by the party/advocate/authorised representative/attorney as 'true copy'. The said attestation by the party/advocate/authorised representative/attorney holder is necessary to avoid falsification of documents and filing of false documents in support of claim.

(n) If an interim application seeking interim relief is filed along with the complaint application, it should be appended after the list of documents and an affidavit should be filed on its reverse side.

(p) All the above matters should be scrutinized by the office of the Forum/Commission at the time of submission of the complaint application and if any deficiencies/errors are found therein, the said deficiencies/errors should be rectified by the complainant/advocate/authorized representative/attorney.

(f) The two sets for the forum and the set for the complaint to the opposite party shall have the same unbroken page numbers.

 

 

The website of the State Consumer Protection Consumer Grievance Redressal Commission is being forwarded.

 

 

Consumer Commission website