Consumer complaint
Querist :
Anonymous
(Querist) 24 February 2011
This query is : Resolved
How to file case in consumer court?
Kindly guide on the same
Basavaraj
(Expert) 24 February 2011
contact and discuss with local lawyer or make a note of facts of the case and file it to before form, otherwise go and meet officials of the form before filing complaint, they will provide you the draft
A V Vishal
(Expert) 24 February 2011
General Procedure of Consumer Complaint
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1. Send a notice to the Opposite Party giving him time limit to settle your grievance.
2. Prepare the consumer complaint in the required format.
3. Get the complaint affidavit notarized through a notary.
4. Make required number of photocopies after notarizing.
5. Prepare a bank draft from a nationalized bank to pay court fee.
6. Submit the complaint and court fee to the receiving clerk in the consumer court who will give you the date for admission hearing and complaint reference number number.
7. On admission hearing, you would be informed whether your case is fit for acceptance or not. If accepted, you will be given the date for next hearing.
8. The court will send a notice with your complaint copy to the opposite party seeking reply within 30 days, and asking him to attend the hearing.
9. The hearings will continue till the matter is decided.
10. The courts final order will be sent to all the parties by registered post.
Please note: It is important to attend the hearings, else the matter may be decided ex-party on the merits of the case.
A V Vishal
(Expert) 24 February 2011
Consumer complaint can be filed in any of the following courts:
1.District Consumer Disputes Redressal Forum (DCDRF)
2.State Consumer Disputes Redressal Commission (SCDRC)
3.National Conumer Disputes Redressal Commission (NCDRC)
The choice of court will depend on the amount of transaction and relief you seek and the location where the cause of action arises.
If transaction and relief is Rs. 20 Lakhs or below, case is filed in DCDRF. If amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is filed in SCDRC. If amount is Rs. 1 Crore and above, case is filed at NCDRC.
The case is filed in the city / state where the Opposite Party resides, has registered office, branch, or works for gain.
The case can also be filed in the city / state where the cause of action has occurred.
A V Vishal
(Expert) 24 February 2011
The complaint should be filed within 2 years from the date of cause of action. Appeals are require to be filed within 30 days from the date of receipt of the court's order.
Querist :
Anonymous
(Querist) 24 February 2011
Thanks 4 the valuable information.
