How to file a case in consumer court

Hmmmm fully explained . . its a pinup comment . . good boss !! On Thu, Aug 21, 2014 at 12:25 PM, RANJAN JHA wrote: > more  

Dear Gautam, Following is an outline of the procedure for filing a complaint before the District Forum or the State Commission. 1.Jurisdiction: If the relief claimed in the complaint is less than Rs. 20,00,000/-, then the complaint must be filed before the District Consumer Forum. If the relief claimed is between Rs. 20,00,000/- and Rs. 1,00,00,000/-, then the complaint must be filed before the State Commission. When the relief claim exceeds Rs. 1,00,00,000/- then the complaint must be filed before the National Commission at New Delhi. 2.A ‘prescribed fee’ is payable for filing a complaint before the District Forum, State Commission or National Commission as follows: Upto 1 lakh - Rs.100/- 1 lakh to 5 lakhs - Rs.200/- 5 lakhs to 10 lakhs - Rs.400/- 10 lakhs to 20 lakhs - Rs.500/- You can pay this by Demand Draft in favour of “President, State Consumer Disputes Redressal Commission, Delhi.” 3.The complainant can present his / her complaint in person or by his / her authorised representative to the District Forum / State Commission. There is no requirement for a lawyer or consumer group to represent the complainant. 4.The complaint can be sent by Registered Post to the District Forum/ State Commission. A minimum of 5 copies of the complaint have to be filed. This includes three copies for the Forum plus one for the Office of the Forum and one for the opposite party. Do remember to keep one copy for yourself. An additional copy for each additional opposite party has to be filed. Since the Forum / Commission have the power to pass ex parte orders or dismiss your complaint, please ensure that you carry out regular follow-up after filing the complaint. Every hearing date has to be attended to prevent any damage to the complaint. 5.The complaint should be signed by you, the complainant. If you are authorising some one to represent you, give him / her a signed authorisation letter. In the event of the death of a complainant, his/her legal heir or representative can continue as a complainant. 6.A complaint should contain the following information: a.A cause-title before the main heading. For example, Before the Hon’ble Delhi District Consumer Redressal Forum Mr. A ...Complainant Vs. XYZ Co. Pvt. Ltd. ... Opposite Party b.A heading -- e.g. ‘Complaint under Section 12(a) of the Consumer Protection Act’. c.The name, description and address of the complainant. d.The name, description and address of the opposite party or parties as the case may be, so far as they can be ascertained. e.The facts relating to the complaint and when and where it arose. f.How the opposite parties are liable to be proceeded against - why are they answerable or accountable to you in relation to the complaint g.Copies of documents in support of the allegation contained in the complaint, complainants are advised to keep copies of the complaint and all furnished documents for their records. A list of documents should also be furnished along with the complaint, duly signed by you. h.In case you want to claim consequential damages due to negligence please note that negligence or deficiency must be clearly alleged, defined and established to get compensation under Consumer Protection Act. i.Compensation may also be sought on account of consequential damages, irrespective of the fine print in many contracts that may suggest that the seller is not responsible. There is no ceiling on compensation claimed. j.The value of the relief includes (where applicable) refunds, damages, litigation costs and interest. Please remember that the Act provides for adequate litigation costs to the parties. If you are asking for compensation, quantify the amount and state the break-up i.e., how the amount is arrived at and under what heads. If the relief cannot be quantified, give a notional value. Remember the District Forum can entertain complaints of value up to Rs. 20,00,000/- and the State Commission, complaints of value from Rs. 20,00,000/- up to 1,00,00,000/-. k.State how the case falls within the jurisdiction of the tribunal - whether the opposite party resides or carries on business or has a branch office or personally works within the jurisdiction of the Forum or whether the cause of action (for defective, spurious, fake, substandard or dangerous goods OR deficient or delayed services or services not carried out OR for misleading advertisements OR for unfair trade practices) started within the Forum’s jurisdiction. The cause of action can be defined as the factor from which this dispute arose. For example, if you are buying shares for which you have not received the share certificates, then the cause for this action in the Consumer Courts arose when you bought the share certificates. Therefore the Forum situated in the place where you bought these shares will have jurisdiction to adjudicate your complaint. l.The relief which the complainant is seeking: here state whether you want removal of defects, replacement of goods, refund of excess price, refund of charges paid for deficient services, cessation of unfair trade practice, correction of misleading advertisements etc. apart from damages and costs of filing the complaint. m.With the coming into force of the 2002 Amendment (on 15.03.2003) the Consumer Forum and Commission can also pass interim orders and grant punitive damages. Specifically if your complaint is about the sale of hazardous goods, the Forum / Commission can direct the Opposite Party not to offer the hazardous goods for sale and to withdraw the hazardous goods from being offered for sale. n.You are also entitled to claim the costs of your complaint from the opposite party. Hence include that amount in your complaint. o.The limitation period for filing complaint is two years from the date of the cause of action. In case the limitation period expires, the Forum or Commission may still take your complaint on board, if they are convinced about the reasonableness of the cause for the delay. However, do avoid delays, since you will be required to provide explanations for every single day. 7.Consumers facing the same problem can come together and file a single complaint. Enclosing a petition with the complaint stating that the facts and circumstances relating to the complaint and the relief claimed are the same for all the petitioners and that they may be allowed to join together and file a single complaint. Regards more  

dear , you may call me to get appointment on 9891507137. i will show you many complains filed in consumer court. you may add or substract things as per your case . further more I will assist you in that with my consultation charges. Adv. Avdhesh chaudhary more  

Dear Mr. Shivaji Cairae, it is heartening to know that you have researched on Police and judicial reforms. I would like to know from your expert self as to what reforms in police and judiciary can be brought when both the bodies assist more the erring parties rather than the innocent victim. These two bodies had even ignored speaking documents of fraud, cheaing, fabricating, tampering with evidence and forgery. more  

It will not b possible online. Online complaints r handled by some portals but they have no judicial powers. Gopender Sent from my iPhone > On 20-Aug-2014, at 12:30 pm, "Shivaji Cairae,IPS" wrote: > > > > > Shivaji Cairae,IPS (Chairman, Forum of Retired IPS Officers) > Shivaji Cairae,IPS (Chairman, Forum of Retired IPS Officers) commented on the Post > Shivaji wrote: "U can do it on line as well, followed by signed complaint sent by Regd post.Shivaji" > View/Comment Reply to this email to post a comment. > This email was sent to gmgupta@gmail.com. If you don't want to receive emails from LocalCircles in future, please Unsubscribe. > LocalCircles, Inc., 1556 Halford Ave., Suite 290, Santa Clara, CA USA 95051. > 107 Urbtech Matrix Tower, Plot No. B-4, Sector - 132, Noida, India, 201304.Privacy Policy. more