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How to file a consumer complaint?

By Team Legal Helpline India, March 4, 2019

For all online legal services of legal advice on consumer matters. Drafting of consumer notice. Drafting of consumer complaint at nominal costs, contact us.

How to file a consumer complaint explained in brief by our consumer lawyers. The format of the consumer notice along with the format of complaint which can be filed before the court. Important tips by an expert lawyer for consumer court.

The Consumer complaint should be filed against deficiency of goods or services by a consumer. A consumer is a person who pays for goods and services. A consumer complaint is to be filed before the District Consumer Disputes Redressal Forum. Every district has Consumer Disputes Redressal Forum which is popularly known as consumer court. A consumer complaint is filed under the consumer protection act of 1986. 

The Consumer Protection Act, 1986 defines the consumer as well as the goods and services covered under the Consumer Protection Act. This Act also defines the process of filing and handling the complaint. The Consumer Protection Act also defines the remedies available to the consumer under the consumer protection act.

STEPS OF HOW TO FILE A CONSUMER COMPLAINT?

Ist Step of How to file a consumer complaint?

The first step of How to file a consumer complaint is to determine the nature of goods and services purchased and the deficiency in them. To collect all the documents such as the purchase bill, invoice, warranties, agreement etc.

IInd Step of How to file a consumer complaint?

A consumer notice is essential before initiating any proceedings under the Consumer Protection Act 1986. Although no format or mandate of a consumer protection notice is prescribed. It is however followed and the format from the common civil law is adopted.

A consumer notice should be issued to the service provider or the shop or the company from whom the goods or services have been purchased. The consumer notice should contain the specific details of the goods and services purchased.

The consumer notice should also contain the documentary proof in support of the purchase of state goods and services. Consumer notice should also contain the specific price of the goods and services.

The consumer notice should also contain the specific details of the deficiency of defects of the goods purchased. The consumer notice should also contain the details of the losses suffered or incurred by the consumer.

The service of the consumer notice can be through email or through registered post. The proof of delivery of the notice should also be obtained.

The Consumer notice should specifically mention the time for removing the deficiency or for rectifying the deficiency in the goods and services. The loss suffered should be clearly stated in the consumer notice.

The consumer has to take special care of serving the notice on the opposite party before initiating any legal action under the consumer protection Act.

Once the period prescribed under the consumer notice is over, the next step of how to file a consumer complaint is to draft the complaint.

IIIrd Step of How to file a consumer complaint?

Drafting of the consumer complaint is the next step of how to file a consumer complaint. A complaint should thus contain all the details of the goods and services. Consumer complaint should also contain the value or the money paid against the goods and services. The complaint should also contain the nature of the deficiency and the losses being caused due to the deficiency.

A complaint should also contain the specific mention about the notice served before instituting the complaint. A copy of the consumer notice should also be attached along with the consumer complaint.

IV step of how to file a consumer complaint

The next step of how to file a consumer complaint is to prepare the index of the complaint. All the documents should be attached. At least five set of the entire complaint is to be prepared.

The court fees based on the value of the complaint is to be attached along with the consumer complaint.

The schedule of fees as prescribed under the law is as under:

Up to Rs 1 lakh: Rs 100
Between Rs 1-5 lakh: Rs 200
Between Rs 5-10 lakh: Rs 400
Above Rs 10 lakh and up to Rs 20 lakh: Rs 500

The fees is to be paid by way of DD or Pay Order in the name of the President.

VIth Step of how to file a consumer complaint?

The entire set of the complaint along with the documents is to be filed before the consumer forum. The court thereafter takes up the matter for decision.

We provide all online services for legal advice on all consumer matters. Drafting of consumer notice. Drafting of consumer complaint on very nominal costs. Contact us for any such requirement.

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