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Chetan Singh (SE)     11 November 2014

Need advice for filing consumer case in ito court

Dear Lawyers,

I need advice and format for filing consumer case in consumer court in ITO delhi.

I want to file case on citibank and IDEA celluler they both showed poor service and secuirety. Due to their negligancy I have lost 1 lakhs rupees. Please provide me legal format to file the cases against them. I have full proof against them. Also let me know if I can directly file the case without engaging lawyers and how much is the chance to win.
I know when opposite party lawyers will come they will give me big challenges. Please advice any simple way to proceed..



 6 Replies

Hardeep (Business)     11 November 2014

1) Just go to the Court itself and pursue any case file there - that will give you a fair idea of the formats etc..


2) you don't need to engage a lawyer.


3) your chances would depend upon facts and proofs both you and the opposite parties can show to the Court. Bear in mind that poor / no service will have to be clearly established.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 November 2014

The consumer must ensure that all the relevant facts in support of his case are clearly and specifically stated in the complaint.

Write your case according to Sample Complain Petitions. 


The complainant shall file the complaint in the district forum in whose jurisdiction the Opposite Party has is residing or working for gain or having any office or in whose jurisdiction the cause of action has arisen. The consumers should ensure that prescribed fee is paid through crossed Demand Draft / or Indian Postal Order.

- The complaint is instituted in the proper forum within the period of two years from the date of cause of action.

- The last para of the complaint should state in the Prayer Clause, the relief, compensation etc. sought from the Forum.

Be careful about the Consumer Forum where the case is to be filed.

Chetan Singh (SE)     11 November 2014

Thanks Hardeep and Rama sir,

Please have a look on below subject line and let me know if its fine. I have taken refrence from google but some where I am seeing ACT sec 11, some where 12 and here 1986 so not sure what ACT can be used in writing complaint.. Please refer below two formats and advice.

First Format of subject line..




Second Format of subject line.


Consumer Dispute Case No. ........./200 <Year of filing>

A petition under Section -11 of Consumer Protection Act  
and In the mater of : 


Please let ,me know if the below affidivit is also required with above complaint.




     I,____________________________________________________, Son of, __________________________________________________, and residing at ___________________________________, do hereby solemnly affirm and declare as under :

1)     That the  facts stated in the complaint petition paras ___________ to _________, in _________________________________________ Vs. _______________________________________________, being filed before the Hon'ble (District Consumer Disputes Redressal Forum (, Place) /State Consumer Disputes Redressal Commission(, State)/National Consumer Disputes Redressal Commission, New Delhi are true to the best  of my knowledge and based on the  records maintained by me, which I believe to be true.



            Varified at <Place>, on this ____________ day of  <Month> <Year> that the contents of the above affidavit are true and correct to the best of my knowledge and belief.

1.  The Affidavit has to be sworn before the Notary, on a Rs. 5/- non-judicial stamp paper. 
2.  The details of Place, State, Month, Year are to be filled as per actual. 
3. Complainant or Appellant is the Deponent. 

Hardeep (Business)     12 November 2014

1) S. 11 pertains to jurisdiction while S. 12 pertains to the manner of filing complaint. Pl refer to the Consumer Protection Act for details.


2) yes, affidavit is required.

T. Kalaiselvan, Advocate (Advocate)     15 November 2014

@Chetan Singh:  What you have given is an affidavit.  You have to draft a complaint first giving the entire details, i.e., the facts of the case, the reason for your grievance, what action you took to seek remedy from the person against who you are filing this complaint, what was his reply, what is your prayer or relief you are seeking from this forum.  All these have to be drafted in a complaint format.  The affidavit to be filed at a later stage will be a confirmation evidence to your case. You may appear as a party in person, if you are not able to format it properly, you may take the help of the local forum itself or any local advocate for drafting your complaint and other procedures to be followed in this regard.

K.K.Ganguly (Advocate)     15 November 2014

1. You need not follow any format in this regard,


2. You can file a complaint case by typing the allegation on a A4 size paper,


3. The name and address of the respondent and the complainant shall have to be mentioned,


4. You should also mention the cause of action and the relief you are seeking for from the Forum.

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