Consumer Court

How to prepare and submit a Complaint to a Consumer Forum

Of late, I have appeared before the Consumer Forums in Mumbai on behalf of several consumers.
The procedure is simple, and the decision quite fast.

I have received a few requests to detail the procedure for filing a Complaint.

 I am summarising the procedure: But you can file a complaint before a Consumer Forum, only if you are a consumer.
You cannot not file a Complaint, if the transaction is business related. 

First, you must be a consumer. 
If you have purchased goods or services for your business, for example for re-selling them, you are not a consumer.
But if you have purchased goods or services, like medicines, computers, mobiles, etc. for your own use, or mediclaim insurance policies, you are certainly a consumer. 

Secondly, you must give a notice in writing to the supplier or service provider asking him to rectify the faults, defects, etc.
The notice should be simple, clearly pointing out your grievances, and requesting the supplier or service provider to rectify the faults, defects, etc. or replace the goods.
Normally, you should give a clear one month’s notice.
You should address the notice to the nearest address available, so that if you have to file a Complaint, it will be in the nearest consumer forum. 

Thirdly, the Complaint must be filed within 2 years of the cause of action.
If there are reasonable causes for delay in filing the Complaint, you can always request the Consumer Forum to condone the delay. 

The ComplaintThe following is the procedure for filing a Complaint before the District Forums.
(State Forums and National Forums have their own rules, but they are essentially the same) 

Although it is not essential that the Complaint should be typed, it is always better to get it typed, double spaced, with at least 1½ inches of margin space on the left, top and bottom. 

The Complaint has to be arranged in the following Order and you have to page number all documents. 

1.  Index giving the page number(s) of each document. 

2.  Application for condonation of delay (if there is delay), giving the reasons for the delay, duly affirmed before a notary public. 

3. Complaint – containing details of the grievance, preferably arranged in chronological order;
briefly giving the ground on which relief is claimed, and
the relief (including legal costs, damages and interest) claimed.
The Complaint has to be signed by the Complainant. 

4. You can appear before the Consumer Forums in person, or allow a close relative to appear for you.
But if you are engaging an advocate to appear on your behalf, you have to enclose a Vakalatnama, But then, your advocate will be doing all the paper work and attending the hearings. 
If you are authorising, your close relative to appear for you, you have to enclose a letter of authority.  

5.  Affidavit that the contents of the Complaint are true.  

6.  Copies of all documents on which you rely upon in support of your Complaint.

No of copies of the Complaint to be filed

 You have to submit:

1 Original and  2 zerox copies.
In addition, if the Complaint is admitted, you will have to submit as many more copies as there are parties.

Where to file your Complaint 

The jurisdiction, that is the Consumer Forum, where you should file your Complaint depends on the amount involved.

I am summarising the provisions below: 

                 
                      Amount Involved                                       Jurisdiction
 

           upto Rs. 20 lakhs                                   District Consumer Forum
 
                 Rs. 20 lakhs to Rs. 1 crore          State Consumer Forum 

                 More than Rs. 1 crore                  National Consumer Forum 

The Fee 

 The fee, which is nominal, depends upon the amount involved. It is as follows: 

           Before District Forum 

          For claims up to Rs. 1 lakh                                        Rs. 100            

         For claims from Rs.  1 lakh  to Rs. 5 lakhs       Rs. 200
        For claims from Rs.  5 lakh  to Rs. 10 lakhs     Rs. 400
        For claims from Rs. 10 lakh  to Rs. 20 lakhs   Rs. 500 

        Before State Commission        For claims from Rs.  20 lakh  to Rs. 50 lakhs    Rs. 2000
        For claims from Rs.  50 lakh  to Rs. 1  crore      Rs. 4000 

       Before National Commission 

      For claims exceeding Rs. 1   crore                     Rs. 5000 

The fee has to be paid in the form of a demand draft on a nationalised bank in favour of the President of the concerned District Consumer Forum (Registrar of the State or National Commission if the Complaint is filed in these places). 

There is no prescribed format for the affidavit. I am giving a simple format which you can modify and use. 

Format of Affidavit

                     Specimen Draft Affidavit to be filed with the Complaint 

                 I,………….. The, COMPLAINANT ABOVE NAMED DO HEREBY SOLEMNLY AFFIRM AND STATE THAT I HAVE FILED THE COMPLAINT HEREIN AND REPEAT, REITERATE, REAFFIRM AND CONFIRM EACH AND EVERY STATEMENT MADE THEREIN AS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. 

Affirmation 

In practice, you can get the affirmation done (or affidavit affirmed) before any notary public, but he will usually charge anything between Rs. 100 to Rs. 200; or
you can affirm before the Registrar of the concerned Forum. 

Actual Filing of the Complaint 

You, or your advocate, will have to personally file the Complaint in the office of the concerned Consumer Forum. 

The Consumer Forum’s office will go through the Complaint and point out any deficiencies.
You have to correct them and submit the Complaint again. 

The Consumer Forum’s office will give you a short date for admission.
On this date, you or your representative has to appear and explain the Complaint
to show that there is a genuine consumer Complaint.
This is a simple process and usually the Forum members are very helpful. 

Once the Complaint is admitted, The Consumer Forum will direct you to submit more copies of the complaint (as many as there are respondents). These will be sent to the Respondents along with notice prepared by the Commission’s office. 

If you have problems, you can write to me at:
eleena100@hotmail.com

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22 thoughts on “Consumer Court

  1. Ravi singh on

    We purchase a water purifier. Its works nice upto 2-4 month but after that it work not properly and in this purifier many problem

  2. vinod on

    Dear Sir

    My Nokia C6-00 (IMEI no.-357901041433317) was creating problem. As this is slide phone, Display was becoming white/sometimes lines where coming while sliding. Same problem was occurred last year also. Last year problem was resolved and services center guys guided me to take extended warranty and I took. Now again same problem came and guys of service center(Y.P. Enterprises, shop no-3, court road, Amritsar) checked my phone by opening all parts and after checking it thoroughly, they told me that they need to send mobile to head office. Job Id was created Job No- 11131 dated 13th Aug-2013. After that, no response was given to me from service center side. I checked 3-4 times by doing phone calls and every time they replied that your phone will come today or tomorrow. On 4th Sept-2013 when I visited service center they replied me that due to water/liquid in mobile some part is missing and your phone is returned back by headoffice. But when I checked with Nokia care on 08030303838 Mr. Sourab told me that job id (139433527/130823/21) was created on 23rd Aug-2013. And he raised complaint (I-14628509713). And written complaint was also done 1-14631910048. After waiting for more than one month, I’ve not got any proper update on complaint and question.

    My questions were:-
    1. What services center guys checked for 30 minutes by opening all parts of Mobile?
    2. Have they found any liquid/water on that time?
    3. Was any part missing on that time?
    4. If some part was missing then how mobile was working without opening slide?
    5. After checking everything if liquid was there then why they created Job card?
    6. Why I was not told same thing on that time?
    7. Even after 23 days why no information was given to me by doing phone call extra?
    8. I was checking by doing phone call’s (even I can show my Bill details), what are responsibilities of service center? can they show any call done to me?
    9. Maximum 10-12 days time was given to me for repair. Why online Job id was created after 10 days?

    Have done so many mails & phone calls and even checked with Nokia live chat but they are not giving proper reply.

    Please guide shall i file case in consumer court?

    Thanks and Regards

    Vinod sharma
    9888991743

  3. Lokesh Venkatesh on

    Sir,

    I own a Volkswagen Polo from 2010 and I have some issues with my car which is from day one and I am not getting any proper responce from them. More than me using my car it is always at the workshop. And I am tiered of asking them to rectify the problem for which they have failed and I have all the documents while giving my car for service which has one common issue. If you could help me with my concern it would be great help for me or if you could tell me the procedure to file a complaint against them as well that would be great.

    Looking forward for your response
    Thanking you
    Lokesh

  4. Partha Sarathi Sarkar on

    This complaint is for Agarwals Packers and Movers(Limka Book Record Holder). The GC number is 645. We shifted from Guwahati to Kolkata on 14-April-2014 and they committed the household item will deliver on 17th April. It was delivered on 24th April and we suffered a huge problem in that time but still we did not rise any complaint.

    At the time of shifting the item there was some items which was damaged and we was having a insurance amount of Rs 100000 for those items. Agarwals Packers committed that they will repair all the items which was damaged. Now its approx 2 month but still nobody coming to repair the items. I called them many times and they are making wrong commitments and nobody comes. For this we are unable to continue our normal life.

    Regards,
    Partha Sarathi Sarkar

  5. karan kumar on

    Sir.
    Mai complane Anita gass agency ,virar (w), karna chata hu ke unone hame gass ka bill 460 ka dete hai or lete hai 700 rs plz sir ap kuch kariye.thanks.

  6. mihir on

    dear sir,
    my name is mihir and I am from amalsad,gujarat.i have applied for the airport jobs through victory biz solution pvt ltd. placement office in august 2014.they tell us to pay 500rs for.registration and.1500 for the airport job post and NOC making,after paying that 2000 they never call and when I call they tells when there is a requirement we will call,you,and they then in december.they tell me.that if you pay.15000 than we call you for the interview in next week,i have asking why 15000..’?,they tell me for the securities,after that 15000rs payment they never call back for the interview and.when.i am.calling. they tell me.pls.wait till april 1st week,and I am now.very much worried.about my 15000 as i.am.from middle class.family and.dnt wnt to lose my monet pls sir help me,if they not respond in aprils 1st week I am going to file suit against them as I m very much worried.pls sir.guide me now what I have to do

  7. mihir on

    review of peope who have applied in victory biz solutiin pvt ltd.
    the company is fraud the person name yogesh
    is no 1 fraud he has cheated till so many
    people dont waste your money over their u wll
    be frausted he should be behind the bars.he
    will take a money from u for giving u a jobs
    once u give the money their is no jobs and u
    will not get ur money back and police also will
    not help u ….

  8. Manoj Kumar Gupta on

    My wife is having HDFC bank saving a/c at Kanpur. This account has been debited of Rs. 25000/- on 31 May 2015 through ECS for somebody else life insurance policy of HDFC Life. I had telephoned concerned bank and lodged by complaint, also lodged complaint on 31 May 2015 to customer care. Also sent several emails to hdfcbank but till date the money has not been reverted back. Bank is admitting their fault and saying the reversal process is on but still no action on ground. i am presently residing at Mumbai. Therefore, please guide me whether i can file complain in Mumbai District Consumer Forum and can you suggest a suitable lawyer for the same purpose.

    Thanks and Regards

    M K Gupta, 9222299290

  9. Anuj B. Hiwre on

    Sir/Madam,
    I Anuj B. Hiwre, got insured my cell phone XOLO PLAY 6X-1000 in the month of November2014 for 1 year. My phone got damaged due to water logged in the month of April 2015, so I immediately called insurance company and submitted my phone in next 1-2 days. Since then I called them more than 100 times to check my delivery status. But every time they assured me to deliver my phone in next few days. Now, it took 4 months for the delay of my phone. Hence, may I file complain against the insurance company in Pune District Consumer court.
    Please guide me.
    Waiting for your response..

  10. Tukaram Chougule on

    I have purchased a kitchen sink from Vikram Enterprises BALINGA Road Kolhapur on 28 March2015. On completion of construction of Kitchen base it is seen that kitchen sink cracked in all four corner. I have approached many times to above shop, however they have not taken any step to rectify the complaint. The prise of sink is Rs 900 but the refitting charges are more due to fitting in kitchen base. Please advise what actions to be taken by me.

  11. Santosh Palav on

    Hello Sir,
    I want to file suite in consumer forum against reputed building located at Kanjurmarg for Rs 5 Lacs. I stay in Thane can I approach Thane consumer forum. Or I have to reach out to Mumbai consumer forum.

  12. JAIRAJ MAROLY SHANKU on

    Dear Sir,

    I have purchased an AC of Hitachi Co from Retailer Vijay Sales Vasai (W), Thane Dist. on 22/08/2016, Vijay Sales have sent me a defective outdoor unit means its outer cover is bend and the strings have lot of deep worst marks while installation i have objected with Technician he told me that due to transportation and all. After the installation, i have given a verbal complaint to Vijay sales and sent an email also to Hitachi customer care.

    Retailer Vijay Sales has rejected my request by verbally through telephonic conversation, Hitachi Co. customer care sent me an email stating issue will be resolved as early as possible. I have the invoice also with me

    Please guide me, sir.

    Jayraj-9503445422

  13. JAIRAJ MAROLY SHANKU on

    Thank you, sir, Hitachi is going to deliver the unit shortly.

    Jayraj-9503445422

  14. i have not received recharge on my number 9028195933 till now of courier charges 100
    And i will post ur foolish service on Facebook what’s app Google Apps and all social media sites

  15. Praveen Kumar on

    Hi Sir
    My Wife Buying A Perfect Body Shaper Belt On Watching A TV ADD.AND Called The Product Toll Free Number They Delivred IN One Hour delivery chareges and product cost tota 1750 RS.But The belt size is not suitable for me so i called the call senter and please exchange my belt .they are not answering and talking to very rashly my wife and me very sad about this product service and they are not answering the product and didnt refung my money.i am very disspointed for this Perfect Body Shaper Belt Product And Company.Please Advice Me To How To Resolve My Problem.

  16. Hi Binoy,
    Thanks for such a nice article on approaching consumer forum.

    I had bought a furniture with 1 year warranty from HouseFull furniture which has developed issues within 1st year itself, I’ve been following up with them on email, I wanted to understand if it is necessary to have hand written communication to them before I can approach the consumer forum or the email communications are sufficient.

    Thanks
    Vivek

  17. dear
    Sir, I have a savings account I had opened in July 2016 has not yet account Nmbr

    The bank has been how many times I have my brother is no information to give
    The account is Rs 1,000
    Kaushalya’s name is
    Address Village Targuhan
      Faizabad Maya market is postcode
      Is 224 161 contact no sunil kumar rajbhar/husband of ms. kaushlya

  18. Sir, I have a savings account I had opened in July 2016 has not yet account Nmbr

    The bank has been how many times I have my brother is no information to give
    The account is Rs 1,000
    Kaushalya’s name is
    Address Village Targuhan
      Faizabad Maya market is postcode
      Is 224 161

    Ms.kaushlya contact;9868445603/9717448528\
    thank
    you

  19. kuldeep dwivedi on

    mere atm card se rs10000 hdfc atm mashin se debit ho gya but paisa nhi nikala mera help kiya jay

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