COMPLAINT FILING PROCEDURE
Court Fees prescribed to file a complaint
| Compensation Demanded | Court Fee (Postal Order or Demand Draft) |
Upto Rs.1,00,000/- | Rs.100/- |
Above Rs.1,00,000/- to Rs.5,00,000/- | Rs. 200/-
|
Above Rs.5,00,000/- to Rs.10,00,000/- | Rs. 400/-
|
Above Rs.10,00,000/- to Rs.20,00,000/- | Rs. 500/- |
Above Rs.20,00,000/- to Rs.50,00,000/- | Rs. 2000/-
|
| Above Rs.50,00,000/- to Rs. 1 crore | Rs. 4000/- |
Above Rs. 1 crore | Rs. 5000/- |
Complaints to be filed in Courts (Jurisdiction)
| If the cost of goods or service and compensation asked for is | Forum
|
| Up to Rs. 20.00 lakhs | District Forum
|
| More than Rs. 20.00 lakhs and up to Rs. 1 crore | State Commission
|
More than Rs. 1 crore | National Commission
|
(1) WHO CAN FILE A COMPLAINT?
A Consumer.
Any registered Voluntary Consumer Organization.
The Central or State Government.
One or more consumers on behalf of numerous consumers who are having the same interest.
(2) WHO IS A CONSUMER?
"Any person who buys any goods hires any service for a consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment, comes within the definition of consumer.
A person will not be with in the definition of consumer if he purchases goods for commercial purpose or for resale. However if he purchases goods for the purpose of earning his livelihood by means of self employment; he will be a consumer."
(3) WHEN A COMPLAINT CAN BE FILED?
A complaint can be filed in writing if: -
Consumer has suffered loss or damage as a result of any unfair Trade Practice.
The goods purchased suffer from any defect;
The trader has charged a price in excess of the price displayed or fixed by any law for the time being in force;
The goods hazardous to life and safety are being offered for sale to public.
The services hired or availed of, suffer from any deficiency.
(4) WHERE A COMPLAINT CAN BE FILED?If the cost of goods or service and compensation asked for is :up to Rs. 20.00 lakhs - District Forum.more than Rs. 20.00 lakhs and up to Rs. 1 crore - State Commission.more than Rs. 1 crore - National Commission.The complaint may contain information as per model form shown below.The complaint/reply should be supported with affidavit of party and witnesses, if any.LIMITATION FOR FILLING COMPLAINTThe complaint may be filed within two years from the date on which cause of action arises.APPEAL/REVISIONAny party aggrieved form the final order of District Forum may appeal to State Commission within 30 days. Similarly, any party aggrieved from the final order passed in original complaint decided by the State Commission may appeal to National Commission within 30 days. Order passed by National Commission in complaint filed before it is appeal able in Supreme Court within 30 days. Appeal may contain information as per model form shown below with certified copy of order. Any order, which is not final order, may be challenged in revision before higher respective Commission.