COMPLAINT FILING PROCEDURE
Procedure for filing complaints before a District Forum:
A complaint can be filed by a complainant on a plain paper in relation to any goods sold or delivered, or agreed to be sold or delivered, or any services provided or agreed to be provided by-
(a) The consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
(b) Any voluntary consumer association registered under the Companies Act 1956, or under any other Law for the time being in force.;
(c) One or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of all, consumers so interested; or
(d) The Central or the State Government.
Along with the complaint, the complainant is required to file copies of supporting documents, i.e., cash memo, receipts, agreements, etc. The complainant is required to file 4 copies of the complaint, together with enclosures, for official purpose plus the number of Opposite Parties - i.e. in case the number of Opposite Parties is two, in that event the complainant is required to file 6 copies of the complaint, together with annexures, in the District Forum.
The complaint, in the manner stated above, can be filed in the office of the District Forum, having territorial and pecuniary jurisdiction to entertain the same, during office hours. Necessary instructions have been issued to all the District Forums to issue an official receipt, showing the date of filing the complaint by the complainant. This is absolutely essential because in terms of Section 24A of the Consumer Protection Act, 1986, limitation for filing complaint has been prescribed.
Procedure for filing complaint
Procedure for filing complaint before concerned District Consumer Disputes Redressal Forum under section 12 of the Consumer Protection Act.1986 and the Rules made there under together with the fee prescribed in this behalf, in brief is as under:-
1. The complaint should be in quadruplicate along with relevant documents.
2. The complaint should be filed along with fee in the form of demand draft according to the amount of compensation claimed in favour of President District Consumer Forum.
3. Fees prescribed
I) Upto Rs.1,00,000/- Postal Order No. or Demand Draft for Rs.100/-.
ii) Above Rs.1,00,000/- to Rs.5,00,000/- Rs.200/-
iii) Above Rs.5,00,000/- to Rs.10,00,000/- Rs.400/-
iv) Above Rs.10,00,000/- to Rs.20,00,000/- Rs.500/-.
v) Above Rs.20,00,000/- to Rs.50,00,000/- - Rs.2000/-
vi) Above Rs.50,00,000/- to Rs. 1 crore – Rs.4000/-
4. The complaint should be sent through some body else or be filed personally.
Procedure for filing Complaints and Appeals before the
STATE COMMISSION
In terms of the provisions contained in the Consumer Protection Act, 1986, complaints where the value of goods or services and compensation, if any, claimed exceeds Rs. Twenty Lacs but does not exceed Rs. One crore, can be filed straightaway in the State Commission.
In terms of the provisions contained in Section 15 of the Consumer Protection Act, 1986, it has been provided that any person aggrieved by an order passed by the District Forum may prefer an appeal against such order to the State Commission within 30 days from the date of the order.
Procedure for filing complaints:
Same as in the case of District Forum, excepting that the complaints can be filed at the Filing Counter of the State Commission on every working day from 10.30 a.m. to 1.30 p.m.
Procedure for filing appeals:
Rule 8, sub-rule (1) to sub-rule (5) of the Delhi Consumer Protection Rules, 1987 deal with the procedure of filing appeals, and the same is reproduced below for the benefit of the general public:-
(1) Memorandum shall be presented by the appellant or his authorised agent to the State Commission in person or sent by registered post addressed to the Commission.
(2) Every memorandum filed under sub-rule (1) shall be in legible handwriting preferably typed and shall set forth concisely under district heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.
(3) Each memorandum shall be accompanied by the certified copy of the order of the District Forum appealed against and such of the documents, as many be required to support grounds mentioned in the memorandum.
(4) When the appeal is presented after the expiry of period of limitation as specified in the Act, memorandum shall be accompanied by an application supported by an affidavit setting forth the act on which appellant relies to satisfy the Commission that he has sufficient cause for not preferring the appeal within the period of limitation.
(5) The appellant shall submit four copies of the memorandum to the State Commission for official purposes.
As in the case of complaints, any person desirous of filing an appeal can file such appeal at the Filing Counter in the Registry of the State Commission on all the working days from 10.30 a.m. To 1.30 p.m.
In the case of appeals also, it is necessary for the person filing the appeal to have an acknowledgement indicating the date of filing the appeal, because in terms of the provisions contained in the Act, the period of limitation has been prescribed for filing an appeal also.
In the case of appeals, the statutory deposit i.e. fifty percent of the awarded amount or Rs.25,000/-, whichever is less, should be deposited in the shape of Fixed Deposit Receipt, from any nationalized bank for the period of one year or as the case may be, in favour of “Registrar, State Commission, Delhi”.