Consumer Complaint

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INTRODUCTION

Consumer complaint is filed before consumer court which is established for the specific purpose of addressing and providing redressal for consumer disputes and grievances. consumer quotes are special quotes which are established for the purpose of enhancing and enforcing consumer rights in India.

PROCESS

  1. Identified jurisdiction: the process of filing a consumer complaint begins with identifying the relevant jurisdiction off the consumer court under which the complaint will lie. There are two types of jurisdiction for consumer complaints: territorial jurisdiction and pecuniary jurisdiction. Territorial jurisdiction refers to the area in which the consumers reside or works. Whereas pecuniary jurisdiction refers to the jurisdiction which depends on the monetary amount claimed in the complaint. Under this mechanism there are three commissions. The District Commission which has jurisdiction of up to Rs. 1 Crore, the State Commission which has a jurisdiction of up to rupees Rs. 10 Crore and the National Commission which has jurisdiction of cases involving amount more than Rs. 10 Crore.
  2. Filing fee: the filing fee depends upon the amount pleaded and the jurisdiction to which the complaint has been filed.
  3. Drafting the complaint: the consumer complaint must establish the facts and the cause of action causing such complaint. It should also identify the name address and description of both the complainant and the opposite party against whom the case has been filed. The complaint has to be signed by the complainant or by his representative if any.
  4. Attachment: the complainant may also attach relevant documents which might support his or her claim.
  5. Claim: the plaint should also specify the amount which is being sought by the complainant. This amount can include compensations for litigation fee, interests, refunds, damages etc.
  6. Statement of jurisdiction: the complaint should also include a statement of jurisdiction for the court from which relief is sought.

ADVANTAGES / FEATURES

  1. A consumer complaint mechanism empowers the consumers in the country and their rights
  2. It ensures protection against any wrongdoings of manufacturers, retailers etc.
  3. The consumer complaint mechanism in India is wide and allows multiple parties to file a complaint before consumer courts. Such parties include:
    1. Any consumer to whom the goods or services were provided
    2. Group of consumers having similar interest in the matter
    3. Consumer Associations
    4. State Government or Central Government
    5. In case of minor-legal guardian
    6. Central Authority

DOCUMENTS REQUIRED

  1. Identification proof of complainant
  2. Affidavit swearing to the validity and correctness of the averments made in the complaint
  3. Documents in support of allegations

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