Consumer Court Case filing
Querist :
Anonymous
(Querist) 08 December 2010
This query is : Resolved
Please advice how to file a case in Consumer Court. I want to file case against club & resort
adv. rajeev ( rajoo )
(Expert) 08 December 2010
First issue notice to them for not rendering the better service and claim the damages for their negligence in providing the service and also claim the damages. If they failed to respond you within the given time then file a consumer complaint in the Dist., consumer forum. Contact the advocate he will do it.
A V Vishal
(Expert) 08 December 2010
General Procedure of Consumer Complaint
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1. Send a notice to the Opposite Party giving him time limit to settle your grievance.
2. Prepare the consumer complaint in the required format
3. Get the complaint affidavit notarized through a notary.
4. Make required number of photocopies after notarizing.
5. Prepare a bank draft from a nationalized bank to pay court fee.
6. Submit the complaint and court fee to the receiving clerk in the consumer court who will give you the date for admission hearing and complaint reference number number.
7. On admission hearing, you would be informed whether your case is fit for acceptance or not. If accepted, you will be given the date for next hearing.
8. The court will send a notice with your complaint copy to the opposite party seeking reply within 30 days, and asking him to attend the hearing.
9. The hearings will continue till the matter is decided.
10. The courts final order will be sent to all the parties by registered post.
Please note: It is important to attend the hearings, else the matter may be decided ex-parte on the merits of the case.
Kirti Kar Tripathi
(Expert) 08 December 2010
Mr. Vishal has fully explained the procedure.
M. PIRAVI PERUMAL
(Expert) 08 December 2010
Who can file a complaint? A.
The following can file a complaint under the Act:
• A consumer
• Any voluntary consumer organisation registered under the Societies Registration Act, 1860 or under the Companies Act, 1956 or under any other law for the time being in force
• The Central Government
• The State Government or Union Territory Administrations
• One or more consumers on behalf of numerous consumers, having the same interest (Class action complaints)
Q. What constitutes a complaint? A.
Under the Act, a complaint means any allegation in writing made by a complainant in regard to one or more of the following:
• Any unfair trade practice as defined in the Act or restrictive trade practices like tie-up sales adopted by any trader
• One or more defects in goods
• The goods hazardous to life and safety, when used, are being offered for sale to public in contravention of provisions of any law for the time being in force
• Deficiencies in services
• A trader charging excess of price
(i) Fixed by or under any law for the time being in force or
(ii) displayed on goods or
(iii) Displayed on any packet containing such good
Q. Where to file a complaint ? A.
• If the cost of goods or services and compensation asked for is up to Rs five lakh, then the complaint can be filed in the District Forum located at Pushpa Heights, Pune Satara Highway, Bibvewadi corner
• If the cost of goods or services and compensation asked for is more than Rs five lakh , but less than Rs 20 lakh then the complaint can be filed before the State Commission notified by the State Government or Union Territory concerned
• If the cost of goods or services and compensation asked for exceeds Rs 20 lakh then the complaint can be filed before the National Commission at New Delhi
Q. How to file a complaint ? A. The procedure for filing a complaint is very simple. It can be made on a piece of paper with the necessary particulars.
• There is no fee for filing a complaint before the District Forum, the State Commission or the National Commission. (A stamp paper is also not required). There should be 3 to 5 copies of the complaint on plain paper
• The complainant or his authorized agent can present the complaint in person
• The complaint can be sent by post to the appropriate Forum / Commission
• A complaint should contain the following information:-
(a) the name, description and the address of the complainant
(b) the name , description and address of the opposite party or parties, as the case may be, as far as they can be ascertained
(c) The facts relating to complaint and when and where it arose
(d) Documents, if any, in support of the allegations contained in the complaint
(e) The relief which the complainant is seeking
• The complaint should be signed by the complainant or his authorized agent
• The complaint is to be filed within two years from the date on which cause of action has arisen
Q. What are the remedies available to a consumer? A.
Depending on the nature of relief sought by the consumer and facts, the redressal forums may give orders for one or more of the following relief:
(a) removal of defects from the goods
(b) replacement of the goods
(c) refund of the price paid
(d) award of compensation for the loss or injury suffered
(e) removal of defects or deficiencies in the services
(f) discontinuance of unfair trade practices or restrictive trade practices or direction not
to repeat them
(g) withdrawal of the hazardous goods from being offered to sale or
(h) award for adequate costs to parties
Devajyoti Barman
(Expert) 10 December 2010
Both mR vISHAL and Perumal explaned well and left nothing to explain further.
