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.

LIMITATION PERIOD

The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which cause of action has arisen.

FORMAT OF THE CONSUMER COMPLAINT

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 1crore, hence 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 1crore,hence the complaint is being filed with the Hon'ble State Consumer Disputes Redressal Commission.

OR

As the total amount involved is less than Rupees 5 lakhs hence the complaint is being filed with the Hon'ble District Consumer Disputes Redressal Commission.

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 complainant