THE PROCEDURE TO FILE A COMPLAINT IN CONSUMER FORUM IS AS FOLLOWS:-
Firstly,you have to identify the jurisdiction of the forum where the complaint is to be filed.
Jurisdiction of the District Forum:-
(1) according to the consumer tights act,1986, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs.
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction:-
(a) the opposite party or each of the opposite parties,where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the district forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be,acquiesce in such institution; or
(c) the cause of action, wholly or in part, arises
Also the case needs to be filed within 2 years from the date of cause of action.In case of delay,you have to explain the reasons for delay and ask for pardon from the tribunal which may be granted by the tribunal.
Then the next step is to prepare the draft.In another post you can fine the sample draft complaint.
In the draft you have to explain the whole cause of action and provide proofs,evidences,facts and other things which strengthens your argument.
Even if u have not any required proof,documents you can request the court to make the opposite part liable for proof if they are having monopoly regarding facts,document etc.
In the complaint you should ask for compensation and other relief which you want from the court.
Every page of the complaint must have your signature.Please sign every page of the complaint.
Along with the complaint an affidavit,2 envelopes, a stamp ticket(rs.100 if filing a case in district forum) and consumer court form need to be submitted as well.
you can get all these in the court itself.
The complaint needs to be filed on green paper along with a copy.You should also keep 1 copy for yourself.in total there will be 3 copies of complaint draft.
Last step- go to consumer court and file your case. That's it.
(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum;
(b) where the opposite party on receipt of a complaint referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Forum, the District Forum shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g);
(c) where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the District Forum shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Forum within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the District Forum;
(d) before any sample of the goods is referred to any appropriate laboratory under clause (c), the District Forum may require the complainant to deposit to the credit of the Forum such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question;
(e) the District Forum shall remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, the District Forum shall forward a copy of the report along with such remarks as the District Forum may feel appropriate to the opposite party;
(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the District Forum shall require the opposite party or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory;
(g) the District Forum shall thereafter give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (/) and issue an appropriate order under section 14.
Then the next step is to prepare the draft.In another post you can fine the sample draft complaint.
In the draft you have to explain the whole cause of action and provide proofs,evidences,facts and other things which strengthens your argument.
Even if u have not any required proof,documents you can request the court to make the opposite part liable for proof if they are having monopoly regarding facts,document etc.
In the complaint you should ask for compensation and other relief which you want from the court.
Every page of the complaint must have your signature.Please sign every page of the complaint.
Along with the complaint an affidavit,2 envelopes, a stamp ticket(rs.100 if filing a case in district forum) and consumer court form need to be submitted as well.
you can get all these in the court itself.
The complaint needs to be filed on green paper along with a copy.You should also keep 1 copy for yourself.in total there will be 3 copies of complaint draft.
Last step- go to consumer court and file your case. That's it.
Procedure on admission of complaint. —
(1) The District Forum shall, on admission of a complaint, if it relates to any goods,-
(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the District Forum;
(c) where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the District Forum shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Forum within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the District Forum;
(d) before any sample of the goods is referred to any appropriate laboratory under clause (c), the District Forum may require the complainant to deposit to the credit of the Forum such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question;
(e) the District Forum shall remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, the District Forum shall forward a copy of the report along with such remarks as the District Forum may feel appropriate to the opposite party;
(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the District Forum shall require the opposite party or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory;
(g) the District Forum shall thereafter give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (/) and issue an appropriate order under section 14.
IMPORTANT POINT:-
AFTER YOU HAVE FILED A CASE.YOU WILL BE REQUIRED TO PROVIDE WRITTEN ARGUMENT,AFFIDAVIT AND SOMETHING LIKE THAT.THE TYPEWRITERS IN THE COURT HAVE A SAMPLE FORMAT OF THESE.JUST FILL YOUR DETAILS AND GET THE PRINT OUT.
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