Consumer Case

How to file consumer complaint against a company in consumer court in India?

I recently bought a split AC from a dealer in Thane. But within a month the AC started giving problems and was not cooling properly. After regular following up with the dealer, he repaired the AC as it was under warranty, but still, we are facing the same problem. I am again calling the dealer for replacement, he says he will send someone, but it's been 5 weeks that there is no progress. Now I want my money back for this defective AC. How can I file a consumer complaint against the company?

Expert Advice

A consumer is entitled to the right to claim damages under Consumer Protection Act, 1986 if he/ she feels cheated by the company’s product/ services.

A consumer complaint can be filed by the consumer himself or herself, by a group of consumers having the same complaint, or by an advocate hired by any of these bodies.

You must ensure the following things while filing a consumer complaint:

1)     Choosing the right location to file the complaint: This depends on the compensation amount that you want to claim from the company and the location where you or the company are located.

                            CLAIM AMOUNT                                                                               COURT

Upto Rs. 20 lakhs.                                             -           District Consumer Dispute Redressal Forum / District Forum

Over Rs. 20 lakhs & less than Rs. 1 crore      -           State Consumer Dispute Redressal Commission/ State Commission

Over Rs. 1 crore                                                 -           National Consumer Dispute Redressal Commission/ National Commission

2)     Payment of court fees:

This again depends on your claim amount and is to be paid by demand draft in favour of the particular court.

CLAIM AMOUNT                      COURT FEES

Upto Rs. 1 lakhs              -           Rs. 100

Upto Rs. 5 lakhs              -           Rs. 200

Upto Rs. 10 lakhs            -           Rs. 400

Upto Rs. 20 lakhs            -           Rs. 500

Upto Rs. 50 lakhs            -           Rs. 2,000

Over Rs. 1 crore               -           Rs. 5,000

3)     Preparing the documents:

The following documents are required to be submitted for completing the filing:

              a) The complaint giving -

i)        an introduction of the parties

ii)      the details of the transaction

iii)    the details of the defect/deficiency / restrictive or unfair trade practice

iv)    evidence of written complaint to the company and the vendor’s reply if any

v)      other evidence such as receipts, etc., and

vi)    relief desired or expected compensation

                b)  Supporting documents in favour of the complaint, such as receipt, voucher, delivery note, etc.

                c)  An affidavit stating that the contents of the complaint are complete, true and correct

                d)  An index of the documents submitted;

                e)  Evidence of payment of court fees

 4)     Filing the documents:

Minimum 5 sets of originals are required and filed with the proper court. One set of documents has to be submitted for the company mentioned in the complaint. These documents can be submitted at the proper court or can be sent to them by registered post.

You can read more in our guide about Consumer Cases.

If you need any legal assistance in this matter, request call back from a legal expert or you can check our other services.

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