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ajax (student)     01 October 2013

Procedure after filling complaint in distirct consumer forum

Seniors please help me in understanding the process of Consumer dist.forum  in details after the complaint being accepted for court. 

Also I would like to know Do and Don't during hearing in court.



Learning

 7 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     01 October 2013

1.forum will issue the notice to defendant . 2. defendant will file there written statement.. 3.then show all your evidences before the forum and file the same with oath. 4. Both will file written arguments. 5. A little bit of oral arguments will also there. 6.judgment

Sarvesh Kumar Sharma Advocate (Advocacy)     01 October 2013

However if defendant not appears before the forum after receiving the notice case will treated as ex-parte

Sarvesh Kumar Sharma Advocate (Advocacy)     01 October 2013

After judgment if it is in your favour then file execution!

Sarvesh Kumar Sharma Advocate (Advocacy)     01 October 2013

Do everything which prove the case , but never irritate. Go ahead Good luck.

Baskar v k (public relation inspector)     01 October 2013

sirs,

        kindly arrange to send a copy of  model written argument  like prefix & suffix  to be filed in a consumer forum  district leval

 

      thanks & regards  

rahul (director)     01 October 2013

no need to file written argument .

you better do argument(oral) 

consumer forum is just like any other court... all the process of like a civil court...

 

i have experience of state commission and now one case is pending in east delhi district forum,

 

people are taking consumer court lightly.. but this is not facts.. they have full power and pass any order,,

 

 

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     03 October 2013

You have to file your Complaint in the District Forum having jurisdiction over the area where the opposite party has his address. The Consumer Protection Act is a Central act. But States make the Rules under the Act. The Rules may be different from State to  state. Some States have devised formats for the Complaint. Others have no such format. In the Consumer Protection Act parlance the one who makes the Complaint is called the Complainant. The one against whom the complaint is made is called the Opposite Party.

When you file a complaint you have to pay a fee to the Forum. It was Rs.100/- about 3 years back. I do not know how much it is now. You can ascertain it from the office of the Forum where you are going to file the Complaint. They will respond even if you telephone them. The fee has to be paid in the form of a Demand Draft drawn in favor of the President of the Forum. The complaint will comprise your main complaint and annexures. The annexures are evidences in support of your complaint. As you will be referring to them in your complaint, they must be numbered for identification.

The main complaint will start with name and address of the Form.

Then you will give the name and address of the Complainant i. e. yourself. After that will be the name and address of the Opposite Party.

Subsequently you start your Complaint. You introduce yourself stating what you are etc. That will be followed by descripttion of the Opposite Party, which will include what business he is engaged  and the business transaction to which your Complaint pertains. It may be purchase of a product or availing a service. After narrating the transaction which was the cause for your complaint, state your complaint. The Consumer Protection Act lists many types of actions by the Opposite Party which can be subject of the Complaint. For instance it can be deficiency of service, unfair trade practice or one or more among so many other things. Invoices, guarantee statements, copies of letters exchanged etc will be the exhibits.

Finally the most important thing is that you have to spell out exactly what remedy are you seeking. It can be payment of compensation, replacement of a product or any other thing. If you are asking for compensation you have to state the amount with full justification.

The Complaint will end with "verification"  You have to state I, name, son of so and so, aged about __ years, hereby confirm on oath whatever are stated above are truly stated to the best of my knowledge and belief.

Above the complete set of the document,  the list of contents with page numbers on plain paper should be attached.

You will have to submit at least 4 copies of the whole document. Three are for the three members of the Forum. The fourth one will be sent by the Forum to the Opposite Party. It is advisable that you carry with you more copies to the Forum Office.

On your submission of all the documents, you will be given a date about 15 days from the date of your submission. You have to appear before the Forum on the date and make a brief presentation of your case. The Forum will say whether your complaint is admitted or not. If admitted, things will proceed further.


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