Who can file a Complaint?

Following categories of persons may file a complaint under the Act:-

• A Consumer
• Any voluntary Consumer Organization, registered under the Societies Registration Act, 1860 or the Companies Act, 1956 or under any law for the time being in force.
• The Central Government
• The State Government or Union Territory Administrations.

What Constitutes A Complaint?

Under the Act, a complaint means any allegation in writing made by a complaint in regard to one or more of the following:-

• That he has suffered loss or damage as a result of any unfair trade practices adopted by any trader.
• That the goods mentioned in the complaint suffer from one or more defects.
• That services mentioned in the complaint suffer from deficiencies in any respect.
• That a trader has charged for the goods mentioned on a complaint, a price in excess of the maximum retailer price or  

1. Fixed by or under any law for the time being in force or
2. Displayed on goods or
3. Displayed on any packet containing such goods.

Where to file the Complaint?

1. Filing of a complaint depends on the cost of goods purchased or hiring of services and the compensation claimed for.
2. If the total claim is less than Rs. 20.00lakhs, the complaint can be filed in the District forum where the cause of action has arisen or where the complainant and opposite party normally reside.
3. If the total claims are above Rs.20.00 Lakhs but less than 1 Crore, the complaint has to be filed in the State Commission. Appeal against the order of any District Forum has to be filed in the State Commission as per the relevant provision incorporated in the Consumer Protection (Amendment) Act ,2002.
4. For any claim involving more than Rs 1 Crore, the complaint has to be filed in National Commission. Appeal against the order of the State Commission shall lie in the National Commission of the country duly adhering to the provision incorporated in the Consumer Protection (Amendment) Act, 2002, as enumerated in the subsequent chapter on the procedure for filing the appeal.

Relief available to Consumer:

Depending upon the nature of relief sought by the consumer and facts, the Redressal forums may give order for one or more of the following reliefs:-

1. Removal of defects from the goods.
2. Replacement of the goods.
3. Refund of the price or
4. Award of compensation for the loss or injury suffered.

A Complaint should contain the following information:

1. The name, description and the address of the complainant,
2. The name, description and address of the opposite party or parties, as the case may be as they can be ascertained,
3. The facts relating to complaint and when and where it arose;
4. Document, if any, in support of the allegations contained in the complaint.
5. The relief which the complainant is seeking.

The complaint should be signed by the complainant or his authorized agent. The standard form for filing complaint is annexed at Annexure-I.

Procedure for filing the Appeal:

Appeal against the decision of a District Forum can be filed before the State Commission within a period of 30 days. Appeal against the decision of a State Commission within a period of 30 days. Appeal against the orders of the National Commission can be filed before the Supreme Court within a period of 30 days.

No appeal shall lie in the State Commission by a person who is required to pay any amount in terms of an order of the District Forum, unless the appellant deposits 50% of that amount or Rs 25000/- whichever is less. In case of an appeal against the order of the State Commission or the National Commission, the deposit is Rs 35000/- and Rs 50000/- respectively.

Procedure for filing the appeal is the same as that of complaint, except that the application should be accompanied by the copy of the order of the District Forum/ State Commission as the case may be and reason for filing the appeal should be specified.

Time Limit for Deciding Complaint/ Appeal:

The thrust of the Act is to provide simple, speedy and inexpensive redressal to consumer grievances, the following provisions have been incorporated in the Act and the rules framed there are as under:

It is obligatory on the complainant or appellant of their authorized agents and the opposite parties to appear before the Forum / Commission on the date of hearing or any other date to which hearing could be adjoined. The National commission, State Commission and District Forum are required to decide complaints, as far as possible, within a period of three months from the date of notice received by the opposite party where complaint does not require analysis or testing of the commodities and within five months if it requires analysis or testing of commodities.

The national Commission and State Commission are required to decide the appeal as far as possible, within 90 days from the first date of hearing.

Fee for making complaint before District Forum:-

1. Every complaint filed under sub-section (1) of section 12 of the Act with a District Forum shall be accompanied by a fee, as specified in the table given below in the form of crossed Demand Draft drawn on nationalized bank or through a crossed Indian postal order drawn in favour of the registrar of the State Commission or the District Forum as the case may be, and payable at the respective place where the State Commission and District Forum are situated. The State Commission and the concerned District Forum shall deposit the amount of fee received in the State Consumer Welfare Fund Account.