Hi Gaurang, I'm Adv. Niharika and here is my take on your query.
These are the steps that you may consider.
STEP 1: Intimation via Notice:
A notice to be sent by the aggrieved party to the service provider who provided the goods or the services. The notice is also an attempt to settle the complaint without approaching the Forum i.e. if the service provider is willing to offer compensation or any other remedy.
STEP 2: Get the Consumer Complaint Drafted:
If the service provider is not willing to offer compensation or any other remedy, the next step is to file a formal complaint under the Consumer Protection Act, 1986. The filing of the Complaint does not necessarily require a lawyer. The complaint can be filed directly by the aggrieved person. The following details must be specified in the complaint.
STEP 3: Attach Relevant Documents:
Copies of material evidence that support your case in Consumer Court are important. These documents include:
- A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought
- Warranty/Guarantee certificates
- A copy of the written complaint and notice sent to the manufacturer/seller
STEP 4: Appropriate Forum:
Choose the appropriate forum for filing the complaint in accordance with the pecuniary jurisdiction which is estimated in reference to the total value of goods and services bought or availed and the amount of compensation sought. In your case, you should seek District Consumer Redressal Forum as your amount is Rs.5,300/- and Dist. Consumer Forum has a pecuniary jurisdiction of Rs 20,00,000/-
STEP 5: Pay Requisite Court Fees:
A prescribed fee is required to be paid along with the complaint filed depending on the forum. The court fee depends upon the value of goods bought and the amount of compensation sought.
STEP 6: Submit an Affidavit:
The person who wants to file a case in the Consumer Court is also required to submit an affidavit in the court. The affidavit must state that the facts presented and statements made by the consumer are true to their knowledge.
Also, the consumer complaint should be filed within two years from the date on which the cause of action or deficiency in service or defect in goods arises.
Hope this information helps. For further query, you can reach me at email@example.com