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Complaints Before Consumer Court

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Definition of ‘Consumer’ under Consumer Protection Act?

The term ‘Consumer’ has been defined under Section 2(1) (d) of Act as a person who purchases a good or avails a service for a consideration for his personal use or for his livelihood but it does not include a person who obtains/hire such goods or services for resale or for any commercial purpose or who avails any service under contract of service. The consideration may be paid, promised, partly paid or party promised.

Various rights guaranteed to Consumers under the act

  • Right to Safety – The act provides protection to consumers against the marketing of hazardous goods and services;
  • Right to be informed- The act protects consumers against Unfair trade Practices and also enlighten consumers about the quality, quantity, potency, standard and charges of goods or services;
  • Right to Choose- The right to choose and access variety of products at best and competitive price;
  • Right to be heard- The act provides consumers right to be heard and guarantees to provide due consideration to interests of consumers;
  • Right to Redressal- The act provides leverage to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers;
  • Right to Consumer Education

Who is authorized to file a Consumer Complaint?

Complaint can be filed by A Consumer, any registered voluntary consumer association, Central government or any state government, in case of multiple consumers having same interest by one or more consumers, In case of death of a consumer legal heir or legal representative of deceased.

What are the services Lawyerinc offers for Consumer Complaint?

Our services:

Our comprehensive range of end-to-end solutions includes following:

  • End to end services related to Consumer Complaint.
  • Our expert professions will guide you throughout the procedure by providing you with the best advice with respect to consumer complaint.
  • We will assign you a Case Manager who shall help you will the negotiation of the terms and conditions of the Complaint and drafting of the Consumer Complaint.
  • We will find you the best Lawyer as per your jurisdiction.
  • At every stage of the trial, till its finality, you shall be notified of the updates of the case.
  • We shall keep track of the lawyer assigned to you so that you face no troubles.

*Any fee, stamp duty and miscellaneous charges shall be payable extra.

Do contact us in case of any query related consumer complaint and much more.

To avail any of the above-stated services, kindly establish contact by posting a query at our site.

When a Consumer can file a Consumer Complaint?

Any Consumer whose rights have been infringed can file a written complaint before Consumer Court. A complaint can be filed under below mentioned circumstances:

  • Loss or damage is caused due to unfair or restrictive trade practice carried by a trader or a service provider;
  • In case of any defect in product in terms of quality, standard or measure set by competent authority,
  • If there is any deficiency or imperfection or any kind of limitation in services hired or availed by consumer;
  • In case of surplus amount charged by trader or service provider in comparison to stipulated price;
  • If Goods or services offered for sale in public which will be hazardous to life and safety of public.

Where a Consumer can file a Complaint?

A consumer has to check both Territorial and Pecuniary Jurisdiction before filing a consumer complaint. A consumer can file a consumer complaint in respective district consumer forum within the local limits of whose jurisdiction the opposite party resides or carries on business or has a branch office or personally works for gain, or where the cause of action, wholly or in part, taken place. Consumer Complaint can be filed in:

  • District Consumer Disputes Redressal Forum (DCDRF): a complaint can be filed in respective district consumer forum if the value of the claim is upto 20 lakhs
  • State Consumer Disputes Redressal Commission (SCDRC): a complaint can be filed in respective State Commission, if the value of the claim exceeds 20 lakhs but doesn’t exceed Rupees One crore. As well any revision out of the order of District Forum can be filed in State Commission.
  • National Consumer Disputes Redressal Commission (NCDRC): a complaint can be filed in National Commission, If the value of the claim exceeds Rupees One crore. As well any revision out of the order of State Commission can be filed in National Commission

Is there any time period defined under the act to file Consumer Complaint?

Yes, a consumer can file a complaint in respective consumer complaint within a limitation period of two years from the date on which course of action has been arisen. The said complaint need to be supported with relevant documents along with prescribed fee as per provisions of act.

In case of delay in filing complaint, can i file complaint?

Yes, delay can be condoned by presiding officer, if complainant is able to satisfy forum or commission about reasonableness of delay.

Is there any prescribed fee to file Consumer Complaint?

Yes, every complaint has to be accompanied with prescribed fee that need to be paid in form of Demand Draft or through Postal Order in favor of Registrar of the respective State Commission and payable at the respective place where the State Commission or the National Commission is situated.

S.NO.

TOTAL VALUE OF GOODS OR SERVICES AND THE CLAIM AMOUNT

AMOUNT OF FEE PAYABLE (IN RUPEES)

 

DISTRICT FORUM

 

1.

Upto One Lakh Rupees  (For complainants who are Below Poverty Line)

Nil

2.

Upto One Lakh Rupees – for people other than BPL

100

3.

From One Lakhs upto Five Lakhs Rupees

200

4.

From Five Lakhs upto Ten Lakhs Rupees

400

5.

From Ten Lakhs upto Twenty Lakhs Rupees

500

 

STATE COMMISION

 

6.

From Twenty Lakhs upto Fifty Lakhs Rupees

2000

7.

From Fifty Lakhs upto One Crore Rupees

4000

 

NATIONAL COMMISION

 

9.

Above One Crore Rupees

5000

What need to be included in Consumer Complaint?

Although, consumer complaint can be filed by Complainant himself but it is always advisable to take help of an Attorney for better adjudication. Complaint needs to be unambiguous, specific and precise. The consumer complaint must include:

  • Complaint must have cause-title and heading;
  • Complaint must include the name, description and address of the complainant;
  • Complaint must include the name, description and address of the opposite party or parties;
  • Complaint must include important facts related to the complaint and the place of course of action;
  • Complaint should also include opposite party’s liability to be proceeded against and how they are accountable to the said petition.
  • Complaint needs to be accompanied with relevant documents in support of the allegations imposed in the said petition. Complaint need to be signed by Complaint with attestation and it is advised to keep one or two copies of the complaint with themselves for records and further proceedings.
  • Complaint need to be accompanied with list of documents duly signed by Complainant.
  • Jurisdiction clause need to be mentioned in Complaint as how the matter falls within the jurisdiction of the respective tribunal. It needs to mention whether the opposite party resides or carries on business or has a branch office or personally works for gain within the jurisdiction of the forum or whether the cause of action has been arose within the tribunal’s jurisdiction.
  • Complaint is also required to mention Relief Sought as how Complainant is entitled to claim the costs of said complaint from the opposite party, along with that Complaint also needs to mention the amount of claim in your complaint.
  • Complaint need to be accompanied with verification clause and also need to attest/notarize the same from Oath Commissioner or Notarization official.

What relief can be sought from Consumer Court?

  • Complaint must have cause-title and heading;
  • Complaint must include the name, description and address of the complainant;
  • Complaint must include the name, description and address of the opposite party or parties;
  • Complaint must include important facts related to the complaint and the place of course of action;
  • Complaint should also include opposite party’s liability to be proceeded against and how they are accountable to the said petition.
  • Complaint needs to be accompanied with relevant documents in support of the allegations imposed in the said petition. Complaint need to be signed by Complaint with attestation and it is advised to keep one or two copies of the complaint with themselves for records and further proceedings.
  • Complaint need to be accompanied with list of documents duly signed by Complainant.
  • Jurisdiction clause need to be mentioned in Complaint as how the matter falls within the jurisdiction of the respective tribunal. It needs to mention whether the opposite party resides or carries on business or has a branch office or personally works for gain within the jurisdiction of the forum or whether the cause of action has been arose within the tribunal’s jurisdiction.
  • Complaint is also required to mention Relief Sought as how Complainant is entitled to claim the costs of said complaint from the opposite party, along with that Complaint also needs to mention the amount of claim in your complaint.
  • Complaint need to be accompanied with verification clause and also need to attest/notarize the same from Oath Commissioner or Notarization official.

Frequently Asked Questions

  • 1. At what stage can accused apply for bail?

    Bail application can be filed at any stage of pending court proceedings. Police authorities are required to present accused before magistrate within 48 hrs of his arrest, if case is not finalize at that stage you can apply for bail bond.

  • 2. In case of civil matter, so I need to apply for bail?

    No, civil suit is not cognizable offence unlike criminal complaint. So one no need to apply for bail .

  • 3. Is surety required to grant bail?

    Yes, it is mandatory to present surety with its identity proof while presenting bail application. Surety needs to sign surety bond which is kind of undertaking that surety takes undertaking that on every hearing accused will present before hon’ble court.

  • 4. How much time it takes to get bail?

    It depends any varies as per severity of the matter. In less severe cases, accused get bail on same day but in cases like in case of non-bailable offence, it is much difficult to get bail in day or two.

  • 5. Why to get Bail application filed through lawyerinc?

    Lawyerinc is a complete blend of professionals from across the globe. In-house team of lawyers and attorneys, CA, CS. All professional work together in Lawyerinc, providing you end to end solution. It guarantees delivery in the shortest and most reasonable rate in India. It enjoys a global presence.

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