TAs a consumer, we always have a complaint regarding the quality, service of the product. In this case, you can file a consumer complaint against the product, brand or services. Specifically, the complaint can be filed against the seller, manufacturer or dealer, product which are defective. But “how to file a case in consumer court”. Before that, we should aware of these things, so that you get a clear idea of what is Consumer court and how it works.
There is a separate department to handle these kinds of issues called “Department of Consumer Affairs”. These consumer courts are set up by the Indian government. Also, the government runs an official portal called “Consumer Online Resource and empowerment resource”. Moreover, the concerned court is provided depending on the specific issue, where the complainant has to submit the necessary documents.
What is Jurisdiction forum?
Before you proceed to file a complaint, you need to identify Jurisdiction of the forum, where the complaint is filed. The issue needs to be identified from two angles of jurisdiction – Territorial and pecuniary.
In this type of forum, a complaint shall be instituted in district forum or state commission or national within the local limits. The opposite party should have a business or a branch office. If there is more than one opposite party, then one of the party should have a branch office or personally works for gain.
It is a disputed redressal agency in India. Some points a complainant should be kept in mind before filing a complaint:
- If the value of goods or services is below Rs 20 lacks or up to 20 lacks, can be filed before district forums.
- If the value of goods or services is below Rs 20 lacks but not more than 1 crore can be filed before the state commission.
- If the value of goods or services exceeds Rs 1 crore can be filed before the national commission.
Documents required to file a case in consumer court.
- Copies of all the documentation supporting the allegation like bills, warranty and guarantee cards, etc.
- Affidavit stating that the allegations are true and correct.
- Copy of the written complaint or notice made to the firm requesting for the loss by the product/services.
How to file a case in consumer court?
This can be done in two ways. You can lodge a complaint either online or you can visit the concerned consumer court.
Before filing a consumer complaint, it is desired that the consumer gives official notice to the firm for the inconvenience, deficiency in the service or product. If the firm is eager to make the loss suffered by either replacing the product or returning the value of the product/services, then you don’t need to lodge a complaint. But if the trader refuses to do so, then you can approach the consumer court.
To lodge an online complaint, you need to register on the site.
Step 1: First identify the correct Jurisdiction of the forum where the complaint is actually to be filed.
Step 2: Register or login to the site.
Step 3: The portal has a dropdown menu of sectors, segments or brands. It includes all brands registered with the department of consumer affairs.
Step 4: Then you have to draft your complaint includes all the necessary facts. The draft should include the name, description, and address of the opposite party and the complainant. Attach an affidavit along with a complaint, that states the allegations in the draft are true and correct.
Step 5: At the end of the complaint you have to include your signature.
Step 6: You also have to pay a fee along with your complaint.
Once submitted, every complaint assigned an electronically generated number. Note this number. With this number, you can easily check the status of your complaint.
It is not necessary to contact the advocate or any law professional to lodge a complaint. You can file your complaint on your own. It is very simple to file a complaint, that even a layman can easily lodge a complaint. The complaint can be filed in Hindi or English. Moreover, there is no extra court fee is required at the time of lodging a complaint.