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
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