Consumer Rights: How to Draft Your Complaint

Did you know that consumer courts in India do not admit complaints that are not filed within two years from the date on which the cause had arisen? This means that if your complaint about goods/services arose in 2006 and you chose not to file a complaint till 2010, the consumer court will not admit it. This is in consonance with clause 24A(i) of the Consumer Protection Act, 1986. Remember, the clause mentions the date from which the ‘cause of action’ aroue and not the date of purchase. This has been done to protect your consumer rights.

Consumer Rights: Your Complaint Draft Should Look Like This

To draft your complaint in consonance with your consumer rights, you can file it in a regular legal size sheet and follow the following format as given below:

Your main title should be in full caps:

Before The Hon’ble NATIONAL / STATE / DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION/FORUM (Write the name of the city where the court is located)

COMPLAINT UNDER Name of the Act with the year

IN THE MATTER OF: (Write your name and address in the respective place as given below if you are the complainant)

....................COMPLAINANT

VERSUS (Name and address of the Other Party whom you/complainant is filing this document against)

....................

OPPOSITE PARTY

INTRODUCTION: Write a short paragraph about the complainant with details of the complainant’s name, residential address, and occupation. Provide the same details in a separate paragraph about the opposite party as well.

RESPECTFULLY SHOWETH:

1. Write a brief description of the exact deal relating to the goods and services that were promised by the opposite party and the value paid for it by the complainant.

2. Provide a description of the advertisements as represented by the opposite party. The relevance is that this advertisement is what attracted the complainant to purchase the opposite party’s goods/services.

Transaction Details:

1. Price paid for the goods/services.
2. Invoice/bill details with date, item and amount.
3. Payment details with cheque number or invoice of cash deposited as payment.

Complaint:

Write your complaint by describing the gist of your complaint, such as whether you were cheated/deceived into buying the good/service based on false promises, harassment, charging excess amount or the goods/services were not delivered as promised. Cover any factors that caused you great difficulties as a consumer.

OTHER SUPPORTIVE DOCUMENTS AS EVIDENCES FOR YOUR COMPLAINT:

Try and include:

• Copy of brochure/advertisement that promised the quality of the concerned goods and services.
• Copy of invoice/bill as evidence of your purchase
• Other documents include letters exchanged with the opposite party, any requests, rectification of fault or bounced cheques that were sent/received as part of communication with the opposite party.

Jurisdiction:

When the total amount involved crosses one crore rupees, file your complaint with the National Consumer Disputes Redressal Commission. When the total amount is above Rs. 20 lakhs but less than one crore, you can file the complaint with the State Consumer Disputes Redressal Commission. When the total amount is less than Rs. 20 lakhs, the complaint can be filed with the Hon'ble District Consumer Disputes Redressal Forum.

Prayer:

This is where you ask the court to grant you the relief that you are demanding through this complaint. Also, you can ask for:

• ‘such orders may be passed as this Hon’ble Forum may deem fit in the circumstances of this case.’
• that the opposite party should be directed to pay compensation/advertise an apology for deficiency/pay compensation

Place:                                                                                                                    

Date:                                                                                               Complainant's Name and  Signature

VERIFICATION

I (Complainant’s Name), resident of (provide residential address), hereby declare that I have not misrepresented any facts nor tried to hide/omit/suppress any information in my above complaint. All the facts mentioned herein are true and to the best of my knowledge.

Complainant’s Name and Signature

Consumer Rights: Filing Tips  

• Place your complaint in proper sequence. First, the complaint, then the affidavit, list of documents, the documents, the vakalatnama, the application for injunction (if any) and application for condonation of delay (if any).
• The page numbers in your complaint should appear on the lower, right side corner.
• Make sure that the affidavit is signed by a Notary Advocate before you make more copies of your complaint for submission in court/forum.
• Deposit your complaint file through a receiving clerk in the appropriate forum/court with an appropriate court fee and keep the receipt carefully. Most courts accept demand drafts through a nationalized bank. Typically, the clerk will inform you about the first date on which your case may be heard (known as admission hearing) and give you the complaint reference number.
• The court will send your complaint to the opposite party and ask them to respond with a written statement in a month’s time and they will be required to be present at the admission hearing.