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Consumer Complaint
Have you ever faced any problem with the services availed or goods purchased? Have they been defective? Have you been struggling find a satisfactory reply from manufacturer or the service provider? If yes and you don’t know whom to approach then we are here to help.
In such a situation, you will have to file a Consumer Complaint.
Where Is A Consumer Complaint Filed
You will have to file the complaint before Consumer Forum. There are three types of Forum depending on the value of your defective goods or services and amount you claim as compensation from the manufacturer or service provider.
District Forum
You can file a consumer complaint in District Forum if the amount of your claim or value of goods is Rs 20 lakhs or less.
State Commission
If the amount you claim is more than Rs 20 lakhs but is less than Rs 1 crore, than you can file the complaint before the State Commission.
National Commission
If the amount of claim exceeds Rs 1 crore than you have file the complaint before National Commission, New Delhi.
Documents Required to File the Complaint
Complaint
It shall include the details of the difficulty you faced with the product purchased or service availed.
Affidavit
It shall state that the information given by you is true.
Other Documents
You need to attach the copies of proof showing the purchase of the product or the services availed, for example copy of bill/ invoice, warranty card, etc. You also need to enclose the correspondence you had with the vendor or service provider.
Court Fees Applicable for Filing the Complaint Before the Forum
| Value Of Goods And Compensation | Forum | Amount Payable |
|---|---|---|
|
Less than Rs. 1 lakh |
District Forum
|
Rs. 100/- |
|
Rs. 1 lakh and above, but less than Rs. 5 lakh |
District Forum
|
Rs. 200/- |
|
Rs. 5 lakh and above, but less than Rs. 10 lakh |
District Forum
|
Rs. 400/- |
|
Rs. 10 lakh and above |
District Forum
|
Rs. 500/- |
|
Rs. 20 lakh and above, but less than Rs. 50 lakh |
State Commission |
Rs. 2000/- |
|
Rs. 50 lakh and above, but less than Rs. 1 crore |
State Commission |
Rs. 4000/- |
|
Above Rs. 1 crore |
National Commission |
Rs. 5000/- |
Frequently Asked Questions
Can anyone file a Complaint?
No, only if you within the definition of “consumer” under the law, you can file a complaint.
Are you a Consumer?
The requirement of being a “Consumer” under the law is not elaborate, as it sounds . You just need to have purchased the goods or should have availed the services from a vendor and it is found to be defective, means you are a consumer.
When can you file the Complaint?
You can file the complaint anytime within 2 years from the date when you discovered about the problem in the goods or have been receiving improper service.
What if there is a delay in filing the Complaint?
The delay in filing the complaint can be condoned by way of a simple application stating the reasons for delay.
What is Provision for Appeal?
If you file a complaint before District Forum and in case you not satisfied with the order passed by the forum then you can approach a higher court i.e in the State Commission and also if you are not satisfied with the order of State Commission then can file an appeal in National Commission and after that in Supreme Court.
What if the manufacturer / service provider does not obey the order of Consumer forum?
Penalty / Punishment
In case the manufacturer/ service provider does not obey the order of Consumer forum directing it to pay you compensation, in that case the manufacturer/ service provider may have to face imprisonment for 1 month to 3 years and fine from Rs 2,000/- to Rs 10,000/-.
Is lawyer necessary to be appointed?
No, you can appear before the forum in person or appoint someone close to represent you before the forum by way of a simple authority letter.
What is the time taken by the consumer forum to decide the dispute?
There is no fixed time period and it varies from forum to forum. However, it generally takes anywhere between 6 months to 24 months.
Procedure for Filing Consumer Complaint Before the Forum
Send a Notice to the vendor or service provider informing them about the defect in the product or deficiency in the service.
You may ask them to refund your money and claim compensation.
If they do not reply within a few days (7 to 15 days), then you may proceed to file a complaint against them before the consumer forum as explained above.
