Structuring and filing consumer complaint before National consumer Dispute Redressal Commission

Overview: Consumer Complaint as provided under Section 21(a)(i) of the Consumer Protection Act, 1986, where the value of the goods or services and compensation, if any, claimed, exceeds Rupees One Crore is to be filed in with the Registry of this Commission within a period of  two years from the date on which the cause of action has arisen.

 

Purpose: The purpose of this article is to serve as guide in understating the manner in which a basic draft of a consumer appeal is to be structured and filed. This serves a general guide for people who wish to try and file the same by themselves. It is expressly stated that this article is a general guide and should not be construed as any legal advice/ opinion. The detailed filing requirements are available on the website of the NCDRC.

 

Areas of Application of Law: Consumer Protection Act, 1986

 

Process: A complaint can be filled from Monday to Friday ( working days) during the office hours at Ground Floor ‘Upbhokta Nyay Bhawan’, ‘F’ Block, General Pool Office Complex, INA, New Delhi-110 023. It should be signed by the complainant and supported by a Notarised affidavit. It has to be filed in multiple sets i.e.  with 1+3 sets + Number of Opposite Parties along with a file cover. All its copies should be paginated and duly indexed in the following manner. 
1.  Index 
2.  List of Dates 
3.  Memo of Parties giving complete addresses & telephone no. of the parties 
4.  Complaint with Notarised affidavit 
5.  Supporting documents in favour of complaint

6.  Application for condonation of delay with affidavit, if beyond limitation period

7.  Fee for Rs.5,000/-  for making Consumer Complaint (Demand Draft in favour of  “The Registrar, NCDRC, New Delhi”)

8. Vakaltnama

It should be noted that the documents shall be filed in English language only or translated a copy of any other language, duly typed in double space on one side of the paper. If any supporting documents are not legible the same will not be accepted.


The complaint shall be structured as under:

A short introduction of the parties followed by a description of the transaction and services promised by the opposite parties. The consideration that was paid by the complainant is also to be given. If any solicitation by way of advertisements was made then that also has to be described.


In the transaction part, the price, bills invoices, payments etc. made have to be pleaded. If there are any acknowledgments of payments which have been made then the same also have to be put. Thereafter, the nature of grievance that has led to the complaint has to be shown. For example, misrepresentation, Harassment, delayed or non delivery etc. Another thing is to plead yourself to be the consumer along with the deficiency in service or the unfair trade practice.

 

Jurisdiction has to be made out. i.e. it has to be shown that the total amount involved is more than Rupees 1 crore, the complaint is being filed with the Hon'ble National Consumer Disputes Redressal Commission.

The relief has to be sought by making the prayer. The complaint has to be verified.

Documents required to be submitted in the court if any: as given above

Punishment/Expected Relief: filing of the consumer complaint

Landmark Judgments: (Title & Link of Judgments) - N.A

Legal Process Outsourcing This Document

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