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Filing a consumer protection case: The Basics


Basics of filing a consumer protection case:

Who is the consumer?

A consumer is any individual who purchases products or services for his personal use and not for manufacturing or resale purposes.

 Who can file a Consumer Complaint in India ?

Under the Consumer Protection Act who can file a complaint is described below:
1.   A Consumer
2.   Any voluntary Association Registered under the Companies Act, 1956, or under any other law for the time being in force
3.   The Central government or the State Government
4.   One or more consumers, where there are numerous Consumers having the same interest.
The following can also file a complaint:
1.   Any person who is a beneficiary of the goods/services
2.   Legal representatives of deceased consumers
3.   Legal heirs of the deceased consumer
4.   Husband of the consumer
5.   Relative of the consumer

A consumer complaint can be filed on your own?

The process is easy and yes you can file the complaint on your own. There is no need for a lawyer. The procedure of the complaint under the consumer protection act is straight forward.

Steps to file a consumer complaint:
Step 1: Before the complaint, one has to send out a notice to the opposite party describing the issue with the product or service and the redressal desired. Usually, the issue resolves as the company wants to avoid the court. However, if the trader doesn’t respond or neglects here that the consumers needs to approach the Consumer Court.
 STEP 2:         Identify the Jurisdiction of the Forum where the complaint is to be filed.
JURISDICTION OF CONSUMER FORUMS
Sr No.
Forums
Amount
1
District Forum
Upto Rs. 20 Lakhs
2
State Commission
Rs. 20 Lakhs to Rs. 1 Crores
3
National Commission
Exceeding Rs. 1 Crores

Step 2:  For each bracket there is a nominal fee has to be paid.
Step 3: A draft has to be made for your complaint with all the details and the action desired.
Step 4:            At the end of the complaint you have to put your signatures. An authorisation letter has to be added.
Step 5:            Both parties name and address has to be mentioned.
Step 6:            Copies of all the supporting documents have to be attached. In this you can put on record the copy of the bill of the goods bought, warranty and guarantee documents.
Step 7:    The consumer can ask for compensation or refunds, damages, litigation costs, and interest amount. Complaint must clearly state as to what relief is sought against the opposite party.
Step 8:            Explain in your complaint as to how the case falls within the jurisdiction of this forum.
Step 9: The Act provides for limitation period of two years from the date of cause of action. In case there is delay in filing the complaint, please explain the delay.
Step 10: You are also required to file an affidavit along with the complaint that facts stated in the complaint are true and correct.
Step 11: The complainant can present the complaint in person or by his/her authorised representative without engaging any advocate. The complaint can be also be lodged online on websites such as www.consumervoice.org or sent by registered post.
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