ALL Details : Consumer Dispute : How to Lodge a Complaint ?

How To Lodge A Complaint?

• What is Complaint?
• Who is Complainant?
• How to File a Complain?
• Relief Available to Consumers
• Where to File a Complaint?
• Pre-Requisites
• Fees
• Download Forms
• Limitation Period for Filing a Case
• Time Period for Disposal of Cases
• A Complaint shall be Instituted in a District Commission within the Local Limits of Whose Jurisdiction
• A Complaint shall be Instituted in a State Commission within the Limits of Whose Jurisdiction

What is Complaint?

“Complaint” means any allegation in writing made by a complainant that –

• An unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider.
• The goods bought by him or agreed to be bought by him suffer from one or more defects;
• The services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect;
• A trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price –
  • Fixed by or under any law for the time being in force;
  • Displayed on the goods or any package containing such goods;
  • Displayed on the price list exhibited by him by or under any law for the time being in force;
  • Agreed between the parties;
• Goods which will be hazardous to life and safety when used are being offered for sale to the public, –
  • In contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;
  • If the trader could have known with due diligence that the goods so offered are unsafe to the public;
• Services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with tdue diligence to be injurious to life and safety;

With a view to obtaining any relief provided by or under this act;

Who is Complainant?

“Complainant” means –

• A consumer; or
• Any voluntary consumer association registered under the companies Act, 1956 (1 of 1956). Or under any other law for the time being in force; or
• The Central Government or any State Government, who or which makes a complaint;
• One or more consumers, where there are numerous consumers having the same interest; Who or which makes a complaint;
• In case of death of a consumer, his legal heir or representative.

How to File a Complain?

Jurisdiction of the District Commission

• Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed does not exceed rupees twenty lakhs.
• A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction –
  • The opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint actually and voluntarily resides or carries on business, or has a branch office or personally works for gain; or
  • Any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain:
    Provided that in such case either the permission of the District Commission is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
  • The cause of action, wholly or in part arises.

Jurisdiction of the State Commission

• Subject to the other provisions of this Act, the State Commission shall have jurisdiction –
  • To entertain –
    • Complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore; and
    • Appeals against the orders of any District Commission within the state; and
  • To call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Commission within the state, where it appears to the State Commission that such District Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise of its jurisdiction illegally or with material irregularity.
• A complaint shall be instituted in a State Commission within the limits of whose jurisdiction, –
  • The opposite party or each of the opposite parties, where there are more than one, at the time of the institute of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or
  • Any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case either the permission of the State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally work for gain, as the case may be; acquiesce in such institution; or
  • The cause of action, wholly or in part, arises.

Relief Available to Consumers

• Removal of defects from the goods
• Replacement of the goods
• Refund of the price paid
• Award of compensation for the loss or injury suffered
• Removal of defects or deficiencies in the services
• Award for adequate cost to the parties

Where to File a Complaint?

It depends upon the cost of the goods or services or the compensation asked.

• If it is less than Rs. 1 Crore – Complaint can be lodge to District Commission
• If more than 1 Crore but less than Rs. 10 Crore – Complaint can be lodge to State Commission
• If more than Rs. 10 Crore – Complaint can be lodge to National Commission

Pre-Requisites

• The name description and address of the complainants and the opposite party
• The facts relating to complaint and when and where it risen
• Documents in support of allegations in the complaint
• The relief which the complaint is seeking.
• The complaint should be signed by the complainants or his authorized agent
• District Commission shall have jurisdiction to entertain complaints where the value of goods or services and the compensation claimed does not exceed rupees twenty lakhs.
• State commission shall have jurisdiction to entertain complaints where the value of goods or services and the compensation claimed exceed rupees twenty lakhs but does exceed rupees one crore.

Fees

Download Forms

Sr. No.	Form	Download
1	Application form for Consumer Complaint to State Commission
2	Application Form for Civil Miscellaneous
3	Application Form for Civil Revision
4	Application form for Execution
5	Presentation Form Appeal
6	Format of District Commission Complaint & Affidavit
7	Form for refund of the deposited Amount

Limitation Period for Filing a Case

• The District Commission, the state commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
• Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the District Commission, the state commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period.
  Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Commission, as the case may be, records its reasons for condoning such delay.

Time Period for Disposal of Cases

• The maximum time period to dispose a case is 90 to 150 days
• Every complaint shall be heard as expeditiously as possible and endeavor shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities.

  Below Photographs for “Consumer Bhavan” Ahmedabad

  

• The above showed picture is the “CONSUMER BHAVAN” in this State Commission and three District Commissions are namely “Consumer Disputes Redressal Commission Ahmedabad City”, “Consumer Disputes Redressal Commission Ahmedabad City Additional”, “Consumer Disputes Redressal Commission Ahmedabad Rural” are functioning.

A Complaint shall be Instituted in a District Commission within the Local Limits of Whose Jurisdiction

• The opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint actually and voluntarily resides or carries on business, or has a branch office or personally works for gain; or
• Any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain:
  Provided that in such case either the permission of the District Commission is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or
• The cause of action, wholly or in part arises.

A Complaint shall be Instituted in a State Commission within the Limits of Whose Jurisdiction

• The opposite party or each of the opposite parties, where there are more than one, at the time of the institute of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or
• Any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case either the permission of the State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally work for gain, as the case may be; acquiesce in such institution; or
• The cause of action, wholly or in part, arises.