Wednesday, May 27, 2020
   /   /  Post Comments
 

Procedure to File a Consumer Complaint

 
  By : , Kochi, India       12.9.2013         13 Comments          Phone:9656003929          Mail Now
 

Under the Consumer Protection Act, 1986, a complaint means any allegation in writing made by a complainant/consumer against the cheated company.

One can file a consumer complaint under Consumer Protection Act, 1986 for any of the following reasons.  

  • When a company cheats a consumer after purchasing a product.Cheating by giving false promises.
  • Not delivering the goods and services for which payment is made.
  • Consumer has suffered loss or damage as a result of any unfair Trade Practice.
  • Any unfair trade practice as defined in the Act or restrictive trade practices like tie-up sales adopted by any trader
  • The goods purchased suffer from one or more defects
  • The trader charging excess of amount of the price displayed on goods or on any packet containing such good or fixed by any law for the time being in force
  • The goods hazardous to life and safety, when used, are being offered for sale to public in contravention of provisions of any law for the time being in force
  • Deficiencies in services
  • Misleading advertisements and false representation.
  • Any other factors that affected the consumer.

There are some procedures to follow before filing a complaint.

Firstly, send a notice in writing to the company asking to rectify the faults, defects etc or to replace the goods within one month. If there is no respond from the company within the notice period, the consumer can file the complaint. A complaint can be filed on a plain paper. In addition to the complaint 3 to 5 copies of the complaint to be submit (as there are many respondents). The complaint affidavit should be attested by a notary. The court will send a notice with the complaint copy to the opposite party seeking reply within 30 days, and asking it to attend the hearing.

The complaint is to be filed within two years from the date on which cause of action has arisen. If there are reasonable causes for delay in filing the Complaint, complainant can always request the Consumer Forum to condone the delay. An Application for condonation of delay with the reasons for the delay should be duly affirmed before a notary public.

A complaint should contain the following information: -


 (a) The name, description and the address of the complainant

(b) The name, description and address of the opposite party or parties, as the case may be, as far as they can be ascertained
(c) The facts relating to complaint and when and where it arose
(d) Documents, if any, in support of the allegations contained in the complaint (Copies of all documents duly signed by the complainant)
(e) The relief, which the complainant is seeking. 

 The complainant or his authorized agent /advocate can present the complaint in person. The complaint should sign by the complainant. In the event of the death of a complainant, his/her legal heir or representative can continue as a complainant. The complaint can be sent by post to the appropriate Forum / Commission.   

Documents required

  • Relevant documents of the product purchased.
  • Details of payments made by complainant (cheque number/cash, etc.)
  • Details of the price of goods and services.
  • Details of the bill/invoice as evidence of purchase (bill number and date, item and amount)
  • Copy of advertisement and catalogue that promised the concerned goods and service
  • 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.

Court to file consumer complaint

1.District Forum : If the cost of goods or service and compensation asked for is up to Rs.20.00 lakhs. 

2. State Commission :If the cost of goods or services and compensation asked for is between Rs 20 lakh and 1 crore then the complaint can be filed before the State Commission notified by the State Government or Union Territory concerned.

3.National Commission :If the cost of goods or services and compensation asked for more than 1crore then the complaint can be filed before the National Commission.

There is no fee for filing a complaint before the District Forum, the State Commission or the National Commission. A stamp paper is also not required.For more click here



TAGS: Consumer complaint,   How to file a consumer complaint,   Procedure to File a Consumer Complaint,  


Comments

   Sandeep thakur ,
Reply Posted On :
31 - 12 - 2019

Wrong material dispatched and cost taken more

 
   Arul Kumar A, BANGALORE
Reply Posted On :
28 - 9 - 2019

Respected sir, myself Arul Kumar A, working in Bangalore in one of Central Govt. organisation. I am basically from Mysore and have bank account in Mysore. Sir I did online transaction via Google pay app in last month and which was unsuccessful but amount have been deducted from my account. in this regard we contacted google pay customer service and they made it clear that the amount struck with my bank itself, so I approached bank and they ensured same transaction kept pending and told us to give written application for refund. Transaction details as follows: AC No.:0538101010958 Bank Name and branch: CANARA BANK, Chamaraja Mohalla, Mysore. Date of transaction: 13-08-19 Transaction amount: 20,000(Twenty thousand rupees only) Transaction particulars: UPI/922557359403/YBLe280396a7fee4885b4bef6b335f2 The above transaction was not successful and kept pending from 13-08-19, So I kindly request you to help me getting refund of same amount back to my account Thanking with Yours faithfully Arul Kumar A Mob:9945906961

 
   ,
Reply Posted On :
28 - 9 - 2019

Nice information Which everyone should know....Dr Shivaji Gawade gokhali phaltan

 
   Dr Benoy Kumar Chattapadhyaya, Lohegaon, Pune
Reply Posted On :
12 - 7 - 2019

I want to File against RBI they have Chited me in huge amounts. What is the procedure to do?. benoy1312@gmail.com

 
   ,
Reply Posted On :
9 - 7 - 2019

Can emails exchanged serve the purpose of proof for deficiency of services and cheating.

 
   Mr Nams, India
Reply Posted On :
21 - 6 - 2019

If we file complaint against any product which is under warranty and case is on going in consumer court, in that case can we repair that product to use before case judgement?

 
   Sekar, Chennai
Reply Posted On :
3 - 6 - 2019

I have purchased the Invertor in Apex Power Solution.. At the time of buying the product rate has confirmed and give the bill value at Rs. 17500/- but while converting the EMI they have changed the amount as Rs. 19740/- without any prior information and if we call sales executive he is not responding properly and speaking rudely.... contact :Rtrmagesh@gmail.com

 
   narayan prasad agarwal, Jamshedpur
Reply Posted On :
1 - 5 - 2019

I placed order of queensize bed from snapdeal 3 minths ago.the product was deliverd after 10 days of placing the order. But still after 3 moths my bed is uninstalled, i have complaint so many times via mails, msgs and calls but they just ingore and never pays attention.from 3 monts i fredup hearing their excuses. I m very poor, i have 1 bedroom where the uninstalled parts is scatterd all around and no place to sleep. Plzz i request resolve my problam. I m trobled from 3 moths..

 
   ,
Reply Posted On :
24 - 12 - 2018

Can i write this answer if it comes for How a complain adjudicated under provision of consumer act 1986 as amended

 
   Sudesh kumari, Jaipur
Reply Posted On :
8 - 9 - 2018

I have purchased a pair of shoes from whole sale retailer of a merchant of bombay.when I have got courier I have paid 3500 .but after opening parcel it's blank .when I have made a multiples of calls and SMS he is not replying .how can I get my money

 
   Nitin Nimbalkar, Pune
Reply Posted On :
16 - 8 - 2018

I have corporate mediclaim policy to which i have submitted a claim. They have deducted 3000 rs with out any reason. Now after multiple emails to them; there is no reply from them and they said there was not bill submitted. How can i get my money from them. (they are TPA (third party assistance)) nimbalkarnitin14@gmail.com

 
   Divakar, Pune
Reply Posted On :
9 - 11 - 2017

It's very helpful

 
   Ramakrishna, Khammam
Reply Posted On :
31 - 7 - 2016

Sir I purchased New vehicle in 2015.Gave for service in showroom.Service people damaged my vehicle.How to apply to consumer court??

 


DISCLAIMER: The views and opinions expressed in this article are those of the authors /contributors and do not necessarily reflect the official policy/opinion of webindia123.com / Suni systems Pvt. Ltd. Webindia123.com / Suni systems Pvt. Ltd and its staff, affiliates accept no liability whatsoever for any loss or damage of any kind arising out of the use of all or any part of the material published in the site. In case of any queries,or complaints about the authenticity of the articles posted by contributors, please contact us via email.