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Lakshya   14 February 2021

College is refusing to refund the caution money of 6000

Sir, im a student of class 10. My college is refusing to refund my caution money on basis of my behavior. My behavior: # I went to my former hostel area which is prohibited by outsiders but i am a former student They are threatening me on filing a fir. What can I do in this case? Please sir im so helpless


Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     14 February 2021

Refusing to return caution money by college administration amounts their deficiency in services .File complaint before Consumer Forum and claim amount of caution money along with compensation towards mental and physical agony.

Pradipta Nath (Advocate)     14 February 2021

Serve them a legal notice and thereafter take them to the consumer commission.

Ravi Shankar (Hyderabad) (9885248496)     14 February 2021

what is the amount of caution deposit ?

Lakshya   14 February 2021

Total amount is 6000rs

175B083 Mahesh P S   17 February 2021

Hello ,

You should file a case before consumer forum as soon as possible.Here’s some input on the same:

Filing of a consumer complaint

Before filing the complaint with consumer forum it is advised that consumer gives notice to other party about defect in product (goods or services) etc. and see whether the other party is willing to pay the damages or replace the product. If it is then the dispute is settled then and there. But if the other party neglects or refuses then the consumer needs to approach the respective forum and file the complaint.

Before filing the complaint, consumer first needs to decide in which jurisdiction of consumer forum his case lies.
 

Jurisdiction of Consumer Forums:


The consumer should file his complaint to a consumer forum which has both territorial and pecuniary jurisdiction to decide the matter.
Territorial Jurisdiction Complaint should be instituted with a district forum (section 11), state commission (section 17) or national commission (section 21) within the local limits of whose jurisdiction,
a) The opposite party or in case of more than one opposite parties, one of the opposite parties resides or carries on business or personally works for gain.

c) The cause of action arose.

Pecuniary Jurisdiction Consumer complaints can be filed with respect to value enumerated as below,
Forums - Amount
District forum - up to 20 lakhs
State Commission - 20 lakhs to 1 crore
National Commission - more than 1 crore
The award pronounced by national commission can be challenged in Supreme Court.
 

Procedure of complaint filing in Consumer Forums:

Step 1. The complaint can be made on simple paper, stamp paper is not necessary for it.

Step 2. The complaint should be drafted stating the facts necessary for establishing the cause of action. Following things needs to be mentioned in complaint by the consumer:
a) Name and complete details of complainant and opposite party or parties.
b) Date and time of purchase of goods or services availed and amount paid for them.
c) Particulars of dispute; like defect in goods or inferior quality of service etc.
d) Particulars of relief sought in the complaint.
e) Particulars of goods purchased with numbers or details of services availed.
f) Copies of all those documents can be attached which support the contention of consumer and are necessary to establish the cause of action like copy of bills of goods bought or service availed, warranty receipt, copy of complaint made to trader asking to compensate for the loss.

Step 3. The compensation claimed should be specified in the complaint and along with it consumer can also ask for refunds, damages, litigation expenditure etc. But these amounts should be detailed under different heads and in accordance with pecuniary jurisdiction of respective consumer forums.

Step 4. The statement of jurisdiction should be made in the complaint as to how the case falls within the jurisdiction of consumer forum.

Step 5. A verification affidavit should be affixed with the complaint stating that all the facts and claims made in the complaint are true and correct.

Step 6. At the end of complaint the signature should be put. The consumer may argue his case on his own or through his authorized representative. The complaint made with district forum or state commission needs to be filed in three sets and when made with national commission needs to be filed in four sets with additional sets for each opposite party.

Step 7. The complaint has to be filed with within two years from the date on which the cause of action arose. In case of delay sufficient reasons has to be given to the forum so it may allow the complaint to be filed.

You can also file an online complaint,

Who Can file the Complaint

The following person/association can file the complaint before the designated authorities:-

  • Any consumer to whom the goods or services were provided
  • Group of consumers having similar interest in the matter
  • Consumer Associations
  • State Government or Central Government
  • In case of minor-legal guardian
  • Central Authority

In the Old Act, there was no mention of the Central Authority, however, the New Act introduces the "Central Authority" in District, State and Central level, which can file consumer complaint before the jurisdictional commission after a thorough investigation in the matter.

Mediation Proceeding:

The New Act introduces Alternative Dispute Mechanism for the speedy and effective redressal of the consumer cases.

Initiation of Mediation Proceedings:

  1. If the commissions thinks there is a possibility of a settlement of the dispute between the parties, then same can be transferred to Mediation Cell or ;
  2. The written request can be made by either of the parties to District, State or National Commission stating
    • Details of the parties
    • Nature of the dispute
    • Amount involved
    • Relief sorted
    • Proposal for appointment of Mediator (Language, Qualification, experience, etc)

Procedure to be followed

  1. Parties can mutually agree on the procedure to be followed or;
  2. If parties fail to come for mutual ground, then the mediator shall follow the procedure mentioned below :
    • Mediator shall fix the time, date and venue, where parties have to be present or ;
    • Mediation Proceedings can be held at the Mediation Cell attached to District, State or National Commission.
    • Joint/ Separate meetings of the parties to be conducted.
    • Within the period of 10 days, before the session, both the parties shall submit the Memorandum of Issues to the mediator and other parties involved highlighting the issues which need to be resolved.
    • Necessary information to be provided to the mediator by both the parties.
    • Mediator shall facilitate a voluntary resolution between the parties, communicate view of the parties and help the assist the issue.
    • Within the period of 30 days the parties should reach an amicable settlement.
    • If the parties arrive at a settlement, the same shall be reduced in writing and the same needs to be signed by both the parties and Mediator. Mediator shall further submit the detailed report of settlement to the concerned commission.
    • If parties failed to reach a settlement, then Mediator shall submit the report to the commission stating the reasons for non-settlement.

Institution of Consumer Complaint:

The New Act introduces the "Online Filing" of Consumer Complaint.

Step 1 (Issuance Of Notice): Before the filing of the complaint, it is advisable for the complainant to issue a notice to the opposite party, highlighting the defects/deficiencies in the goods or services provided. If parties don't agree to come to a mutual understanding then the complainant can file a complaint before a jurisdiction authority/forum.

Step 2 (Determining the Jurisdiction): The Complaint has to be filed within the Pecuniary and Territorial Jurisdiction.

Pecuniary Jurisdiction: (As Per New Act)

  • District Commission: Amount not exceeding 1 crore
  • State Commission: Rupees 1 Crore to 10 Crore
  • National Commission: Amount exceeding Rupees 10 Crore

Whereas, under old Act, the pecuniary jurisdiction was as below:

  • District Commission : Amount not exceeding Rupees 20 lakhs
  • State Commission: Rupees 20 Lakhs to 1 Crore.
  • National Commission: Amount exceeding 1 Crore.

Territorial Jurisdiction:

Place where the opposite party resides or if there are more than one opposite party, then the place where opposite parties reside or carry on business or personally works for gain.

Step 3 (Submission of Complaint): Complaint can be submitted in the form of Writing or through Online.

Registration of Online Complaint

  • Aggrieved Party can register complaints on https://consumerhelpline.gov.in/ .
  • Complaints can be registered by filling essentials details like name, email, contact number & password.
  • Complainant will receive login credentials though which he can register a complaint by uploading required documents.
  • There are different portals available for different sectors.
  • A consumer can also register complaints through Mobile Apps namely the NCH app, Umang App or Consumer App.
  • Post-registration of the complaint, complainant will be provided with a unique identification number through which he can determine the status of the complaint.
  • Fees for the complaint can be submitted through online payment portal.

Step 4 : (Contents of the Complaint): Complaint should contain the following information

  • Name and complete details of complainant And opposite party.
  • Date and time of purchase of goods/ availing of services.
  • Necessary Facts of the case establishing the cause of action.
  • Particulars of dispute: Defect in goods/ deficiency in service.
  • Relief sought
  • Copies of the documents supporting the contention of the complainant. (Invoice, Warranty receipt, etc)

Step 5 (Limitation for filing Complaint/Appeal): The Complaint before the District Commission needs to be filed within the 2 years from the date of dispute. Further, appeal before State Commission to be filed within 45 days from the date of order of District Commission. Further, appeal to the National Commission should be made within 30 days from the date of receipt of the order from the lower forum.

Step 6 (Court Fees): The Court fees have to be paid in the form of Demand Draft, in respect of the Registrar of respective Commissions. In respect of the National Commission, the appellant has to make the Demand Draft of Rupees 5,000/-.

Source: legalservicesindia, mondaq

 

Thank you

 

 

 

 


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