Consumer Protection - Frequently Asked Questions Answered
What Do I Put In My Complaint ? Is There A Fee For Filing A Complaint ? Is
There Any Time Limit For Filing A Complaint ?
A) Your complaint has to be clear ,definite and precise. All your facts and
documentation must be in order. You will have to include -
(a) A cause-title.
(b) The complaint should, if possible have a heading
(c) The name, description and address of the complainant.(your name)
(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 and why are they
answerable or accountable to this petition.
(g) Copies of documents in support of the allegations contained in the petition.
Complainants are advised to keep copies of the complaint / petition and all
furnished documents for their records. A list of documents should also be furnished
along with the complaint, duly signed by you.
(h) You would also need to 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 for gain within the jurisdiction of the forum or whether
the cause of action (damaged goods or deficient service) arose within the Forum’s
jurisdiction.
(i) You are also entitled to claim the costs of your complaint from the opposite
party. Hence include that amount in your complaint.
Q) Is There A Fee For Filing A Complaint ?
A) Under the original un-amended Act of 1986, no requirement of payment of
Court-fee or any other formal procedure of Court was contemplated. However,
after the amendment of 2002, there is a nominal fee you may have to pay for
filing a complaint. For example in the District Forum located in Delhi the fee
structure is as follows –
1. Up to 1 Lakh – Rs.100
2. 1 Lakh & above but less that 5 Lakhs – Rs.200
3. 5 Lakhs & above but less that 10 Lakhs – Rs.400
4. 10 Lakhs & above but less that 20 Lakhs – Rs. 500
You will have to pay the specified fee in the form of a crossed demand draft drawn
on a nationalized bank or through a crossed Indian Postal Order in Favour of the
Registrar of the State Commission & payable where it is situated. The concerned
District Forum shall deposit the amount so received.
Q) Is There Any Time Limit For Filing A Complaint ?
A) Yes, the time limit is within two years from the date on which the cause of
action arises. This would mean two years from the day the deficiency in
service or defect in goods has arisen/detected.
Q) Can This Time Limit Ever Be Extended ?
A) Yes ,But only under certain Circumstances. If the time limit expires but you
are still able to satisfy the Forum or Commission about the reasonableness in
the delay, your complaint can still be taken up. However, the delay for every
single day has to be explained
Q) How Do I Inform The Opposite Party about the complaint ?
A) A notice is required to be sent to the opposite party. This can be done by registered post which is to be
delivered to the address where the opposite party resides , works or carry’s on his business.
Do I Have To Be There Myself To File A Complaint ? Can More Than One
Consumer File A Single Common Complaint ?
A) Not necessarily , you can present your petition in person or by an
authorized representative. You may also send the complaint/petition by
Registered Post. It is good to send some extra Copies and to keep an extra one
for yourself as well. You will also need to give a copy to the opposite party.
Q) Can More Than One Consumer File A Single Common Complaint ?
A) Yes, consumers having the same problem can join together and file a single complaint. This can be
done by enclosing a petition with the complaint for joining together and filing a complaint. This petition
should just state that since the facts and circumstances relating to the complaint are the same and also
since the same relief is to be claimed for all the petitioners they may be allowed to join together and file
a single complaint.
Consumer Protection - Frequently Asked Questions Answered
Q. Can I Argue And Present My Complaint In Court Myself?
A) Yes, You do not have to be a lawyer to argue before consumer courts, or for that matter any civil Court.
However if the matter is a complicated one it is always advisable to engage someone including a lawyer with
necessary experience in such matters. By a series of judgments, the Courts have granted a party to the proceeding
before the District Forum/State Commission the right to authorise a person of his choice to represent him and also
to examine and cross-examine the witnesses, address the Court and take part in the proceedings as the case may be.
Where to file a Consumer Complaint ?
National Consumer Disputes Redressal Commission
President, National Consumer Disputes Redressal Commission, 5 th Floor, Janpath
Shawn, New Delhi.
Madhya Pradesh
The President, M.P. State Consumer Disputes Redressal Commission,
Plot No. N-24 Zone-I , M.P. Nagar, Bhopal – 462 011
Uttar Pradesh
The President, U.P. State Consume Disputes Redressal Commission,
2A/1, Rana Pratap Marg , Lucknow.
Consumer Protection - Frequently Asked Questions Answered
Where do I file my complaint and How many Consumer Courts are there
in India?
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 than 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 lakhs but below 1 crore then it would be filed
in the State Commission within which State the trader/ service provider/
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 National 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
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 . They can hear the case
involving amount of Rs. Twenty Lacs. It is situated 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 cases
involving the amount more than rupees twenty lacs and up to
rupees one crore. It has also jurisdiction 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 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.
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 was necessary to have an
efficient & convenient mechanism to address and resolve the various
consumer 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.
Can I Approach The Consumer Courts If I bought the Goods or Services for Commercial
Purposes?
A) No, the Consumer Courts are only meant for the ordinary consumers who have bought goods &
services for their own use or needs. Those who buy the goods/services for commercial purposes or
resale purposes are excluded from the act. Consumer forum is not meant for businesses ,firms and
Industries but for the common man/consumer looking for quick & effective justice.
Q. What are my legal rights?
A)Firstly the consumer has a right to be protected from defective goods & service.
You have a right to be informed about and the right to choose from a variety of goods and
services. The consumer also has a right to be heard and to seek redressal in case of a
deficiency or defect in the goods or services purchased. It is important for all consumers to
know their rights and to be able to be exercise them freely. Therefore you are entitled to
approach a consumer court for justice.
STATUTORY RIGHTS OF CONSUMERS
The Consumer Protection Act, 1986, guarantees the following statutory rights to the consumers-
1. The right to be protected against the marketing of goods and services which are hazardous to life and property:
To simplify this it can be said that it is the duty of the manufacturers and the distributor not to supply any goods to
the consumers which fails to comply with the general safety requirements in all circumstances. It is important to
know that safety standards are published from time to time by the relevant authorities in relation to many types of
consumer goods.
2. The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as
the case may be, so as to protect the consumer against unfair trade practices; by simplifying this right it can be said
that consumers are given the right to information. This is intended to save the consumers from unfair trade
practices like false and misleading descriptions about the nature and quality of goods, exaggerated statements
about their power or potency, for example, that the hair oil is capable of promoting hair growth or preventing hair
loss where there is no such power to an appreciable extent. It may be noted that a victim of unfair trade practices
would be able to come before a Consumer Forum only if he is a consumer within the meaning of the Act. Other
buyers would have to go to the Monopolies Commission under MRTP Act.
3. The right to be assured, wherever possible, access to a variety of goods and services at competitive prices; For
the convenience of the consumers the Central Council has been charged with the responsibility of bringing about
the organization of markets and market practices in such a way that all dealers are supplied with a variety of goods
for the benefit of the consumers and that the goods with a variety are being offered at competitive prices. It is only
then the consumers will have access to variety and will be able to enjoy the benefit of competitive prices.
4. The right to be heard and to be assured that consumer's interest will receive due consideration at appropriate
forums; Right to be heard is not only the the foremost right of consumers it is a principle of natural justice also.
The Central Council is charged with the responsibility of assuring to consumers that they would be heard as of
right by appropriate forums and consumers will receive due attention and consideration from such forums.
5. The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous
exploitation of consumers; The consumers have been given the right to seek redress against restrictive/unfair
trade practices or unscrupulous exploitation. The right can be explained clearly by following example - where
money was deposited in advance for the supply of a car within two months and the car was actually supplied some
time after two months, in such situation retention of money beyond the period of two months is an unfair trade
practice and the consumers can claim proper interest on the deposit for the period of delay.
6. The right to consumer education. This right is most important right because once the people are rendered
conscious of their power, they may perhaps, feel energized to struggle against exploitation by manufacturers and
traders. The Central Council has been charged with the responsibility to provide to the people proper education in
terms of their remedies under the Act. It can be hoped that people's awareness is likely to prove a better tool for
putting the trade on some level of discipline than tons of Government controls.
However, consumer's strongest and the most precious right, which he keeps to the last, is the 'refusal to buy'
and withdraw the patronage from the seller who always craves for it because, without it, he has none to sell.
Consumer Protection - Frequently Asked Questions Answered
Who can file a complaint and What are the issues to consider when filing
a complaint?
A) Any person who can be termed as a consumer under the Act can make a
complaint. The following are the persons who can file a complaint under the Act :
* a consumer; or
* any voluntary consumer association registered under the Companies Act,
1956 or under any other law for the time being in force, or
* the Central Government or any State Government,
* one or more consumers, where there are numerous consumers having the
same interest.
Issues to consider when filing a Consumer complaint
You would have to check where the jurisdiction would lie and then ascertain
the value of the claim. You will have to file your complaint depending upon
the amount of money or compensation you want from the opposite party for
the deficient service he has provided you or for the defective product that you
have been sold. It is important to note that most Judges in these courts will be
able to tell if you are unnecessarily filing a complaint & are just trying to
make a quick buck.
