Application in case of non – compliance of the order of the District Forum / State Commission / National Commission.

Before the Hon’ble District / State / National Consumer Disputes Redressal Forum / Commission at ______________.

In Reference: Complaint No. ______________ of _____________.

In the matter of: Name and Address of the Complainant

versus

Name and Address of the Opposite Party

Application under Section 27 of the Consumer Protection Act, 1986

RESPECTFULLY SHOWETH:

1) That vide orders dated ____________ passed in complaint no. ________ of ____ this Hon’ble Forum / Commission had been pleased to allow the complaint and in terms of the said orders the opposite party was to ______________________ within a period of _______________ days.

2) That the respondent(s) has/have flagrantly violated the said orders of this Hon’ble Forum / Commission in as much as he has they have not complied with the same, wholly or in part, within the prescribed period of _______ days which expired on ________. In fact the respondent(s) has / have not initiated any steps even in this regard.

3) That the respondent(s) has / have committed an offence under section 27 of the said Act.

It is therefore most respectfully prayed that the respondent(s) be summoned and tried for having committed the aforesaid offence under section 27 of the Act and be punished accordingly. Any other order which this Hon’ble Forum / Commission may be pleased to grant may also be passed.

Place: Signature

Date: Complainant(s)

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

Domestic Violence Act: Protection officers don’t act, women get no justice

Domestic Violence Act, 2005
Pune Public hearing bares the harsh reality behind implementation of the Act

Court directions under the Protection of Women from Domestic Violence Act 2005 (PWDVA) are not executed because of passive protection officers.

This emerged as 10 women presented their cases in the first ever Jansuwai or public hearing in Maharashtra on the PWDVA that was held at the Ambedkar Bhavan in the city on Friday to depict the reality in the implementation of the D V Act, two years after it came into force.

There was a resounding call for independent, full time protection officers who are sensitised about the Act and are backed by the necessary infrastructure and money to facilitate its implementation.

One of the women who spoke at the hearing , Farzana, has been on a vigil outside her home for the last one month as her in-laws have denied her entrance. She has an order in her favour, but has found little support from the protection officers. “She would have been able to gain entrance had the protection officer been available at the right time,” said Sanyogita Dhamadhere, representative of Centre for Advocacy and Research, one of the organisations that participated in the public hearing. The hearing was organised by Asmita Manch, an umbrella for the women’s organisations in the city. Shivani, another speaker, said that she did not get access to her flat, as granted by the court, owing to the reluctance of the protection officers and policemen. Things changed only when women’s organisations were involved, she said.

Also, when women attempt to file cases under the DV Act, they are not accepted, forcing them to go through NGOs and other organisations. All the ten women who spoke at the hearing had filed their cases through women’s organisations. Ideally it is the protection officer who should file the case, Dhamadhere said.

This was reiterated by former Bombay high court judge Jayapal Patil who said that protection officers should identify and file cases for victims. “For that, they have to be sensitised about the Act and work full time. In the present set up, they are burdened by other duties,” he said.

Protection officers (POs) are drawn from various other posts like block development officer or tehsildars or an extension officer and given additional responsibility under the Act. “There is a marked reluctance among officers to become protection officers. Most officers want exemption from their duties,” said Chintamani Joshi, resident deputy collector and additional district magistrate, speaking at the event. Joshi said that there had been training seminars and a full day workshop was on the cards to sensitise POs about the Act.

Jaya Sagade, vice-principal of ILS Law College, also called for independent POs and gender-based training of lawyers, policemen, judiciary, POs, and all service providers. “There also ought to be a declaration of public health facility and medical facility under the Act,” she said. At present, women who have faced domestic violence have to go to the doctor on their own to treat their injuries. “Violence against women ought to be treated as a society problem, not a personal problem,” Sagade said.