WHAT IS THE PROCEDURE TO FILE A CONSUMER COMPLAINT ?.
A few decades earlier the market place was ruled by the’ principle of caveat emptor’ (let the buyer beware) and the seller and the buyer were known to each other. But today everything has changed.
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At this point, It is a customer-friendly world. Customers’ needs and long term interests are given importance. Find the best advocate in Chennai from the Rajendra law office to file a Consumer complaint case in Consumer court.
The basic right of consumers
The Consumer Protection Act, 1986 lays out the basic rights of consumers:
- First, The right to be protected against unfair trade practices,
- Second, The right to be informed about the products or services,
- Third, The right to be assured of the desired quality of product or services
- Fourth, The right to be heard on breach of the right to consumerism
- Fifth, The right to seek redressal in cases of harm suffered,
- Sixth, The right to consumer education.
When consumer rights are violated, the consumer can file a consumer complaint. Consumer Compliant benefits not only the consumer but the society as a whole.
Before making the legal move for a consumer complaint
Before starting anything legal, it is advisable to send legal notice to the defaulter whom you want to sue.
The legal notice gives details about the grievances and non-resolution of which may lead to consumer forum. This move gives the defaulter a chance to make good the loss suffered by the consumer either by replacing commodity or returning the value of the purchase.
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If the defaulter does not agree for such terms then the consumer has to file a complaint with the consumer court. Senior lawyers in Chennai at our law firm are experts in sending legal notices and litigation services in the Consumer Forum.
How to file a consumer complaint in India
Following is a step by step procedure of filing consumer complaint in India:
STEP 1:
Identify the Jurisdiction
Identification of jurisdiction has to be considered from two angles – Territorial jurisdiction and Pecuniary jurisdiction. Both the jurisdiction has to be kept in mind before filing the complaint. Choose the correct forum.
Territorial Jurisdiction of the Consumer Forums:-
Anyone can file a consumer complaint in a District Forum / State Commission / National commission within the local limits of whose jurisdiction :
A. the opposite party resides or carries on business / has a branch office / personally works for gain or
B. When there is more than one opposite party, then any one of the opposite parties resides, or carries on business or has a branch office, or personally works for gain, mainly you must obtain permission from the other forums.
C. the cause of action arose.
Pecuniary Jurisdiction Of Consumer Forums : –
Sl. No. Forums Amount
- District Forum up to Rs. 20 Lakhs
- State Commission Rs. 20 Lakhs to Rs. 1 Crores
- National Commission Exceeding Rs. 1 Crore
Step 2:
Payment of prescribed fees for Consumer complaint :
Pay a prescribed fee along with your Consumer complaint before the respective jurisdiction forum.
Step 3:
Draft the Consumer compliant :
Then you need to draft your Consumer complaint stating facts necessary to establish a cause of action. Getting help from a consumer complaint lawyer is the smartest way.
Step 4:
One must duly sign the Consumer complaint. If you authorize any other person to file the complaint case, then you must give him an authorization letter.
Step 5:
Double Check your Consumer complaint details :
Ensure to mention the name, description, and address of the complainant and the name, description, address of the defaulter from whom relief you want to claim.
Step 6:
Enclose copies of all the documents supporting your allegations.
Enclose a copy of the warranty and guarantee documents, bill of the goods bought, and also a copy of the written Consumer complaint and notice made to the trader requesting him to rectify the product.
Step 7:
Compensation :
You can ask for compensation costs as mentioned in the Consumer compliant. Apart from compensation, a consumer can also ask for the refunds, damages, litigation costs, and interest amount.
Give breakup of a claim under different heads. As per the pecuniary value of the forums, claim compensation or other relief.
Step 8:
Jurisdiction reference :
In your complaint, explain as to how the case falls within the jurisdiction of the forum in the long run.
Step 9:
Relief :
The Consumer Complaint must clearly state as to what relief is in need against the opposite party in the final analysis.
Step 10:
Reasons for delay in filing a complaint, if any :
The Act provides for a limitation period of two years from the date of cause of action in short. If there is any delay in filing the Consumer complaint, give reasons for the delay in which Tribunal can condone the delay.
Step 11:
Affidavit. :
File an affidavit along with the Consumer complaint, confirming that the facts stated are true and correct in brief.
Step 12:
File your complaint :
Above all, The complainant can give the Consumer complaint in person. Second, He can also send through an authorized representative without engaging any advocate.
In fact, one must send the Consumer complaint through registered post. Of course, You must file at least 5 copies of the Consumer complaint.
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In any case, Consumer complaint should stand up for their rights. As a matter of fact, They need to be aware of Traders’ malpractices.
This article is indeed to educate and encourage consumers to file their complaints and take action against unscrupulous traders who think consumers can do nothing if they violate their rights.
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Let us all be vigilant about the quality and quantity of goods or services supplied all in all to us. Contact No.1 leading Consumer court lawyers in Chennai to be sure.
JAAGO GRAHAK JAAGO!
