Write your case according to Sample Complain Petitions.
Go the following tips and provisions of Consumer Protection Act.
- The consumers must have a proof of having purchased the goods or availed of the services.
- The consumer must ensure
that all the relevant facts in support of his case are clearly and
specifically stated in the complaint.
- The complainant shall file the complaint in the district forum in whose jurisdiction the Opposite Party has is residing or working for gain or having any office or in whose jurisdiction the cause of action has arisen. The consumers should ensure that prescribed fee is paid through crossed Demand Draft / or Indian Postal Order.
- The complainant shall file the complaint in the district forum in whose jurisdiction the Opposite Party has is residing or working for gain or having any office or in whose jurisdiction the cause of action has arisen. The consumers should ensure that prescribed fee is paid through crossed Demand Draft / or Indian Postal Order.
- The complaint is instituted in the proper forum within the period of two years from the date of cause of action.
- The last para of the complaint should state in the Prayer Clause, the relief, compensation etc. sought from the Forum.
Be careful about the Consumer Forum where the case is to be filed.
Section 11 of Consumer
Protection provides in this regards as follows. Jurisdiction of the
District Forum.—(1) Subject to the other provisions of this Act, the
District Forum shall have jurisdiction to entertain complaints where the
value of the goods or services and the compensation, if any, claimed
''does not exceed rupees twenty lakhs.
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—
(a) The opposite party or each
of the opposite parties, where there are more than one, at the time of
the institution of the complaint, actually and voluntarily resides or
carries on business or has a branch office or personally works for gain,
or
(b) Any of the opposite
parties, where there are more than one, at the time of the institution
of the complaint, actually and voluntarily resides, or carries on
business or has a branch office, or personally works for gain, provided
that in such case either the permission of the District Forum is given,
or the opposite parties who do not reside, or carry on business or have a
branch office, or personally work for gain, as the case may be,
acquiesce in such institution; or
(c) The cause of action, wholly or in part, arises.
Pay required Court Fees
Prescribed fee for making complaint
- District Forum:
upto one lakh rupees Rs. 100
Nil for BPL
Above one lakh & upto five lakh Rs. 200
Above five lakh & upto ten lakh Rs. 400 Above ten lakh & upto twenty lakh Rs. 500
- State Commission:
Above twenty lakh & upto fifty lakh Rs. 2000
Above fifty lakh & upto one crore Rs. 4000
- National Commission:
Above one crore rupees Rs. 5000
Pecuniary Jurisdiction
The consumers forum shall have Jurisdiction to entertain complaint
- If claim is </= Rs.20 lacs, in the District Consumer Disputes Redressal forum (DCDRF).
- If > Rs.20 lacs < Rs.1 crore, in the State Consumer Disputes Redressal Commission,
- If > Rs.1 crore, in the National Consumer Disputes Redressal Commission, A-wing, Janpath Bhavan, New Delhi-110011.
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