How to file a Case in Consumer Courts? please tell me the procedure of Doing this.

What are the documents required for this case? How much money will be spend on filing a Case? If there is any deficiency in services by any service provider in any sectors like manufacturing, hotels, transport, telephone department, electricity department, hospitals, banks, educational institution etc, then you can approach consumer court. Consumer courts are three tier structure: If value of goods and compensation is less than 20 lakhs, case can be filed in district forum. If the value of goods and compensation is more than 20 lakhs but less than one crore, case can be filed in State Consumer Dispute Redressal Forum. If the value of goods and services is more than o ne crore, case should be filed in National Commission. At present there are 569 district consumer forums, 33 state forums and National Dispute Redressal commission is at New Delhi. Filing a petition: You can file a petition in person or by an authorized agent through registered post. with in 2 years from the date of such deficiency occurred.The case filed should be clear and precise. It should contain all facts ,documents in support of evidence in orderly manner.It should contain the following: -Name ,Address, Description of the Complainant -Name of the Opposite party or parties -Cause and Facts relating to the complaint. Time and Place where it occurred. -Copies of documents in support of your petition , Keep one copy for yourself and file one copy in the court by duly signing it. -send notice to the opposite party. Cost of filing a case with effect from 10/2/2005: District court. For value of goods and compensation Up to 1 lakh - Rs.100 Rs.1 lakh - Rs.5 lakh -Rs.200 Rs.5 lakhs - Rs.10 lakh -Rs.400 Rs.10 lakh to Rs.20 lakh -Rs.500 The specific fee should be in the form of crossed demand draft or crossed Indian postal order addressed to "President,Distric t consumer dispute redressal Forum". State Commission: For value of goods and compensation 20 lakhs - 50 lakh - Rs.2000 50 lakhs - 1 crore -Rs.4000 The specific fee in the form of crossed demand draft or crossed Indian postal order has to be sent to "Registrar,State Consumer Dispute Redressal Commission" National Commission: For the value of goods and compensation above Rs.1 crore the cost of filing a suit is Rs.5000.The specific fee in the form of crossed demand draft or crossed Indian postal order should be sent to "Registrar,National Consumer Dispute Redressal Commission". Pecuniary Jurisdiction * In cases where the value of goods and services involved is less than Rs. 20 Lakhs in value, you will have to file the complaint in the District Forum constituted in the specified districts of a State. * In cases where the value of goods and services involved is more than Rs. 20 Lakhs in value but does not exceed Rs 1 crore you will have to file the complaint with the State Commission constituted in the capital cities of the different states * In cases where the value of goods and services involved is more th an 1 crore in value then you can file a complaint with the National Commission which has been constituted only in New Delhi. Territorial Jurisdiction. The jurisdiction of the complaint is determined by the facts of the case and where the cause of action arises. Further, when you file a complaint, the area in which the opposite party resides or carries on his work or business will also have to be taken into consideration by you. This means that if you are filing a complaint against a service provider for a sum below 20 lakhs you would have to approach the District Forum in the jurisdiction where the cause of action arose. If the matter is above 20 lakh s but below 1 crore then it would be filed in the State Commission within which State the trader/ service p rovider/ manufacturer is located in the state in which the trader resides or works in. These two factors will have to be kept in mind while filing your complaint. Consumer Courts Consumer Forums There are consumer forums at the District, State and Nation al level. At present, there are 569 District Consumer Forums, 33 State Commissions & the highest body which is the National Consumer Disputes Redressal Commission (NCDRC) having its office at Janpath Bhawan, A Wing, 5th Floor, Janpath , New Delhi.

The District Forum consist of one president and two other members (one of whom is to be a woman).The president of the Forum is a person who is, or has been qualified to be a District Judge, and other members are persons of ability, integrity a nd standing, and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. They can hear the case involving amount of Rs. Twenty Lacs. It is situate d in the District head quarters. State Commissions A State Commission has jurisdiction in whole of the State for which it is constituted. It can hear the case s involving the amount more than rupees twenty lacs and up to rupees one crore. It has also juris diction to hear appeal against the orders of District Forum of that particular State. It is situated in the capital of the State. State Commission consists of a president and two members one of whom is to be a woman.President is a person who is or has been a Judge of a High Court, and the members, are persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. The National Commission consists of a president, and four other members (one of whom is to be a woman).The president should be the one who is or has been a Judge of the Supreme Court, and the members should be the persons of abili ty, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. Do other Courts (District Courts/High Courts) accept consumer disputes? The jurisdiction of other courts to hear consumer disputes is not excluded. This is because the Parliament of India felt it w as necessary to have an efficient & convenient mechanism to address and resolve the various cons umer complaints across the country. As a result it created a three -tier remedial machinery for the inexpensive and quick disposal of consumer complaints. As these forums only deal with consumer complaints/issues and nothing else, all their time can be devoted to addressing consumers complaints.

General Procedure of Consumer Complaint

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 (as also given in this web-site) 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-party on the merits of the case.

A complaint can be filed on a plain paper. It should contain: The name, description and address of the complainants and the opposite party The facts relating to complaint and when and where it arose Documents in support of allegations in the complaint The relief which the complainant is seeking The complaint should be signed by the complainant o r his authorized agent Nominal court fee

WHO CAN FILE A COMPLAINT?

The following can file a complaint under the Act: -

- A consumer - Any voluntary consumer organization registered under the Registration of Societies 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 who are having the same interest (Class action complaints)

WHAT CONSTITUE A COMPLAINT?

Under the Consumer Protection Act 1986, 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. (iv) The goods brought by him suffer one or more defects.

WHERE TO FILE A COMPLAINT?

- If the cost of goods or services and compensation asked for is up to rupees 20 lakh ,then the complaint can be filed in the District Forum which has been notified by the State Government for the district where the cause of action has arisen or where the opposite party resides. A complaint can also be filed at a place where the branch office of the opposite party is located. - If the cost of goods or services and compensation asked for is more than rupees 20 lakh , but less than rupees One Crore 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 exceed rupees One Crore then the complaint can be filed before the National Commission at New Delhi.

HOW TO FILE A COMPLAINT?

Procedures for filing complaints and seeking redressal are simple. Fee for making complaints before Distt. Forum. Sr. No. 1. 2. 3. 4. Value of Goods or service and compensation desired upto Rs. 1 lakh Above Rs. 1 lakh but less than 5 lakh Above Rs. 5 lakh but less than 10lakh Above Rs. 10 lakh but less than 20 lakh Amount of fee payable Rs. 100 Rs. 200 Rs. 400 Rs. 500

- 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.

Page 1 of 2 COMPLAINT FORM (Form for complaint under the Consumer Protection Act 1986) In the complaint case no Before the Hon ble District Forum or Before the State Commission or Before the National Commission Complaint No In the matter of Name & address of complainant/complainant versus Name & address of opposite party/parties . of .. .. .. . .... .... . . .. .

I/we, the above named complainant/complainants respectfully state before the Hon ble Forum/Commission the complaint as follows: It is therefore prayed (i) That opposite party be directed to refund the amount paid by the complainant to the tune of Rs (ii) Complainant may please be compensated to the tune of Rs the mental agony and harassment caused to him/her in the due course (iii) Cost of litigation may also be awarded suitably. ..for

Signature of Complainant Place:. Date: Page 2 of 2 .. .. (Name of Complainant)

..S/o

..aged

..the above named

complainant do hereby solemnly declare that the particulars stated above are true to the best of my knowledge and belief and nothing has been concealed therein. I further certify that annexure I,II and III appealed to the complaint are the true copies of original documents. Verified at (a) (b) (c) ..this day Annexure I Annexure II Annexure III (Name of the complainant/Deponent) of Signature of Complainant