Who can file a Complaint?
Following categories of persons may file a complaint under the Act:-
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:-
Where to file the Complaint?
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:-
A Complaint should contain the following information:
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:-
|Sl. No||Total Value of goods or service and the compensation claimed||Amount of fee payable|
|(i)||Upto one lakh rupee for Complainants who are under the below poverty line holding Antyodaya Anna Yojna Cards.||Nil|
|(iii)||Upto one lakh rupee for complaints other than Antyodaya Anna Yojna Card holders||Rs. 100/-|
|(iv)||Above one lakh rupees and upto five lakhs rupees||Rs. 500/-|
|(v)||Above Five lakh rupees and upto ten lakhs rupees||Rs. 1,000/-|
|(vi)||Above ten lakh rupees and upto twenty lakhs rupees||Rs. 2,000/-|
|(i)||Above twenty lakhs rupees and upto fifty lakhs rupees||Rs. 5,000/-|
|(ii)||Above fifty lakhs rupees and upto one crore rupees||Rs. 10, 000/-|
|(i)||Above one crore rupees||Rs. 25,000/-|
|(ii)||Above five crore rupees||Rs. 50,000/-|
|(iii)||Above ten crore rupees||Rs. 1,00,000/-|