Skip to main content

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.
Labels:

Comments

Post a Comment

Popular posts from this blog

Why We All Need to Know About Food Adulteration Tests

A few months ago, Goa people suffered a shock when they realized that the fish and eggs they were so fond of were adulterated. The issue became so important that even hours were spent during state assembly sessions to discuss it. If you have also been aware of the issue of adulteration and you are worried that the foods you and your loved ones are consuming are not pure enough, then you should enhance your knowledge of food adulteration tests.  These tests can be conducted at home or in a lab. You should seriously consider doing the food adulteration tests on all the items you consume because of the following reasons. The Stats According to the data revealed by the Public Health Foundation of India, 80 percent of all premature deaths are related to contaminated water and food. The Amount of Pesticides Used is Too High Overuse of fertilizers and pesticides is a common problem in India. This is why a common contaminant that can be found in most food adulteration tests...
Post a Comment
Read more

The Crux of the Consumer Protection Act

We all are consumers because we consume everything from necessities like food, shelter, and clothing and enjoy other products like soaps, cosmetics, smartphones, laptops, toothbrush, etc. When we act as a consumer and buy stuff from the market, we expect to get it at a fair price, quality, quantity, and information about usage and other relevant information to make it a value for money deal. Unfortunately, there are a lot of cases in which a consumer is cheated because he/she doesn’t get a fair quality, quantity or value for money. The Consumer Protection Act In such cases, we often vent our feelings on social media or bad mouth the brand to our family and friends. What we don’t do and what we should do is to gain more information on the Consumer Protection Act. This act was crafted in 1986 with an aim to help resolve consumer grievances simply and quickly.   It also aims to protect customer’s interests in cases of defective or insufficient delivery of products or services. ...
Post a Comment
Read more

Slow death due to Food Adulteration

It is a known fact that our food has been adulterated , either the food has pesticide or harmful adulterants. We are slowly poisoning our bodies and no one is taking a stand. The Delhi High Court quoted on a report on food adulteration submitted by an Expert Committee, observed that it was ‘ alarmed ’ with the findings of the report, stating alarmingly high levels of harmful pesticide residues in food content consumed daily by people in Delhi. The problem is widespread and increasing and that is because the citizen are not doing anything about it. There are protests for films hurting our religious sentiment, but this is our basic need and no one seems to take it seriously. The products are marketed in a tricky manner, which is usually cheating the customers. However, FSSAI has made strong laws against adulteration, however it is still not stopping the small vendors and businessmen to cheat citizens. Here are some shocking facts, the Annual Public Laboratory Testing Report f...
Post a Comment
Read more