PROCEDURE OF FILING OF CONSUMER COMPLAINT by Advocate Prashant Tyagi

PROCEDURE OF FILING COMPLAINT

A complaint can be filed by a complainant against the seller, manufacturer, or dealer of goods which are defective or against the provider of services, if they are deficient in any manner whatsoever. An unfair trade practice or restrictive trade practice can also invite complaint.

A complainant can be a:-
A. Consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;

B. A firm registered or unregistered

C. An individual

D. Hindu Undivided Family.

E. A cooperative society or any other association of persons

F. The Central or the State Government; and

G. in case of death of a consumer his legal heirs or representatives

Along with the complaint, the complainant is required to file copies of supporting documents, i.e., cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official purpose plus copies for the number of Opposite Parties.
The complaint should be filed along with fee in the form of Postal Order/ Demand Draft according to the amount of compensation claimed.

Fees Prescribed
I. Upto Rs.1,00,000/- – Rs.100/- by way of Postal Order or Demand Draft in favour of President, District Forum.

II. Above Rs.1,00,000/- to Rs.5,00,000/- – Rs.200/- by way of Postal Order or Demand Draft in favour of President, District Forum.

III. Above Rs.5,00,000/- to Rs.10,00,000/- – Rs.400/- by way of Postal Order or Demand Draft in favour of President, District Forum.

IV. Above Rs.10,00,000/- to Rs.20,00,000/- :- Rs.500/- by way of Postal Order or Demand Draft in favour of President, District Forum.

V. Above Rs.20,00,000/- to Rs.50,00,000/- : Rs.2,000/- by way of Demand Draft in favour of Registrar, State Commission, Delhi

VI. Above Rs.50,00,000/- to Rs. 1 crore : – Rs.4,000/- by way of Demand Draft in favour of Registrar, State Commission, Delhi

4. The complaint can be filed through an Authorised Representative /Advocate or in person.

Jurisdiction For Filing Complaints
In terms of the provisions contained in the Consumer Protection Act, 1986, complaints:-
1. Where the value of goods or services and compensation, if any, claimed below Rs. Twenty Lacs or upto Rs. Twenty Lacs, can be filed before District Forum.

2. Where the value of goods or services and compensation, if any, claimed exceeds Rs. Twenty Lacs but does not exceed Rs. One crore, can be filed before State Commission.

3. Where the value of goods or services and compensation, if any, claimed exceeds Rs. One crore, can be filed before National Commission.

The complaints can be filed at the Filing Counter of the State Commission on every working day from 10.30 a.m. to 1.30 p.m. It is necessary for the person filing the complaint to get an acknowledgement indicating the date of filing the complaint, so as to show the Commission that the same has been filed within the period of limitation in terms of the provisions contained in the Act.

Procedure For Filing Appeals:
In terms of the provisions contained in Section 15 of the Consumer Protection Act, 1986, it has been provided that any person aggrieved by an order passed by the District Forum may prefer an appeal against such order to the State Commission within 30 days from the date of the order.

Rule 8, sub-rule (1) to sub-rule (5) of the Delhi Consumer Protection Rules, 1987 deal with the procedure of filing appeals, and the same is reproduced below for the benefit of the general public:-

(1) Memorandum shall be presented by the appellant or his authorised agent to the State Commission in person or sent by registered post addressed to the Commission.

(2) Every memorandum of appeal filed under sub-rule (1) shall be in legible handwriting (preferably typed) and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.

(3) Each memorandum of appeal shall be accompanied by the certified copy of the order of the District Forum appealed against and such of the documents, as many be required to support the grounds mentioned in the memorandum of appeal.

(4) When the appeal is presented, after the expiry of period of limitation as specified in the Act, memorandum shall be accompanied by an application supported by an affidavit setting forth the reasons on which the appellant relies to satisfy the Commission that he has sufficient cause for not preferring the appeal within the period of limitation.
(5) The appellant shall submit three copies of the memorandum to the State Commission for official purposes along copies for service to the respondent/OP.

Any person desirous of filing an appeal can file such appeal at the Filing Counter of the State Commission on all the working days from 10.30 a.m. To 1.30 p.m.

In the case of appeals also, it is necessary for the person filing the appeal to get an acknowledgement indicating the date of filing the appeal, so as to show the Commission that the appeal has been filed within the period of limitation in terms of the provisions contained in the Act.

 

Prashant Tyagi (Intern)

LEXIS & COMPANY

12/06/2021

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