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
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.
DISCLAIMER: The guidance provided above by the lawyers is based solely on the limited information made available to them by the respective querist. These answers are general guidelines and not specific legal advice or legal opinion. All answers are made in individual capacity and do not reflect the opinions of any employer or organisation. Kindly refer to MyLegalWork's Terms & Conditions of use.
Need Legal Help?
Get legal help before its too late! Our legal experts help about 200+ people evryday with the right legal help. All the experts are verified legal professionals with minimum experience of 3 years.
Get Legal Help