Before the formal submission of a consumer complaint in consumer court, it is desirable for the consumer to notify the opposite party of the lack of services or unfair trading practices, etc., to see if the trader is prepared to make good the loss suffered by either replacing the commodity or returning the purchase value. If so, the problem resolves then and there. But if the dealer refuses or neglects, the consumer must turn to the Consumer Court.
STEP 1: First, identify the jurisdiction of the forum where the complaint should be submitted. This problem has to be identified from two angles of jurisdiction, i.e. Territorial and Pecuniary.
The consumer must consider both the territorial and pecuniary jurisdiction of the tribunal before submitting his complaint in consumer court and must choose the right forum.
Territorial Jurisdiction of the Consumer Forums: –
A complaint shall be filed in a District Forum or a State Commission or National court within the local boundaries of its jurisdiction,
a) the other party resides or carries on business or has a branch or works personally for profit, or
b) If there is more than one opposite party, then aby one of the opposite parties lives or has business or has a branch or works personally for profit,
The condition is that in such a case the approval of either the District Forum, State Commission or the National Commission as the case may be, or the other parties who do not live in this place or carry on business or have a branch office or privately works for gain as the case, must be obtained, or
c) the reason of the action arose.
Step 2: You must pay a prescribed fee along with your complaint to the District Forum, the State Commission, and the National Commission as the case may be.
Step 3: Then you must draft your complaint, giving the facts that are necessary to a cause of conflict.
Step 4: At the end of the accusation, you must sign. If another person is entitled to file the complaint, a letter of approval must be attached to the complaint.
Step 5: Do not forget to mention the name, description and address of the complainant and the name, description, address of the other party or of the parties against which the exemption is claimed.
Step 6: Copies of all documents supporting your claims. In this, you can put on record the copy of the bill of the purchased goods, warranty and guarantee documents and also a copy of the written complaint and notice made to the dealer requesting him to rectify the product.
Step 7: You can also demand compensation costs, which should be explicitly mentioned in the complaint. In addition to compensation, a consumer can also demand refunds, damages, litigation costs and interest amount. You must state the breakup of the amount claimed under different heads, but remember to ask for compensation or other relief according to the pecuniary value of the forums.
Step 8: Explain in your complaint how the case falls within the jurisdiction of this forum.
Step 9: The application must clearly state what relief is sought against the counter party.
Step 10: The law provides for a limitation period of two years from the date of the plea. In case of late filing of the complaint, please explain the delay that can be tolerated by the court.
Step 11: You must also file an affidavit along with the complaint that the facts stated in the complaint are true and correct.
Step 12: The complainant can present the complaint in person or through his/her authorized representative without engaging a lawyer. The complaint can be posted by registered post. A minimum of five copies of the complaint must be submitted in the forum. You must also provide additional copies for each opposite party.
Consumers need to be more aware of the malpractice committed by the trader and defend their rights. This article seeks to induce consumers to file their complaints in consumer court and take action against unscrupulous traders who believe that consumers can do nothing if any wrong is caused to them. Let us all be Vigilant about the quality and quantity of the goods supplied to us by the dealers.
Also Read About: Consumer Rights in India