hello, following piece of information should help you to resolve your queries:
Filing of Complaint & Procedures The following can file a complaint under the Act: A consumer Any voluntary consumer organization registered under the Societies Registration Act, 1860 or under the Companies Act, 1956 or under any other law for the time being in force. The Central Government The State Government or Union Territory Administrations. One or more consumers on behalf of numerous consumers who are having the same interest What constitutes a complaint? Under the Act, a complaint means any allegation in writing, made by a complainant in regard to one or more of the following:- Any unfair trade practice, as defined in the Act or restrictive trade practices like tie-up sales adopted by any trader. One or more defects in goods: when goods are hazardous to life and safety, when used, are being offered for sale to public in contravention of provisions of any law for the time being in force. Deficiencies in services. A trader charging excess of price: Fixed by or under any law for the time being in force; or Displayed on goods; or Displayed on any packet containing such good; Where to file a complaint? If the cost of goods or services and compensation asked for is up to rupees five lakh, then the complaint can be filed in the District Forum which has been notified by the State Government for the district where the cause of action has arisen or where the opposite party resides. A complaint can also be filed at a place where the branch office of the opposite party is located. If the cost of goods or services and compensation asked for is more than rupees five lakh but less than rupees twenty lakh, then the complaint can be filed before the State Commission, notified by the State Government or Union Territory Concerned. If the cost of goods or services and compensation asked for exceeds rupees twenty lakh then The complaint can be filed before the National Commission at New Delhi. Procedures for filing complaints There is no fee for filing a complaint before the District Forum, the State Commission or the National Commission. (A stamp paper is also not required) There should be 3 to 5 copies of the complaint on plain paper. The complainant or his authorised agent can present the complaint in person. The complaint can be sent by post to the appropriate Forum / Commission. A complaint should contain the following information: The name, description and the address of the complainant. The name, description and address of the opposite party or parties, as the case may be, as far as they can be ascertained; The facts relating to complaint and when and where it arose; Documents, if any, in support of the allegations contained in the complaint. The relief which the complainant is seeking. The complaint should be signed by the complainant or his authorised agent. The complaint is to be filed within two years from the date on which cause of action has arisen. Relief available to the consumers Depending on the nature of relief sought by the consumer and the facts, the Redressal Forums may give orders for one or more of the following reliefs: (a) Removal of defects from the goods, (b) Replacement of the goods; (c) Refund of the price paid; (d) Award of compensation for the loss or injury suffered; (e) Removal of defects or deficiencies in the services; (f) Discontinuance of unfair trade practices or restrictive trade practices or direction not to repeat them; (g) Withdrawal of the hazardous goods from being offered to sale; or (h) Award for adequate costs to parties. Procedure for filing the appeal:- (a) Appeal against the decision of a District Forum can be filed before the State Commission within a period of thirty days. Appeal against the decision of a State Commission can be filed before the National Commission within thirty days. Appeal against the orders of the National Commission can be filed before the Supreme Court within a period of thirty days. (b) There is no fee for filing appeal before the State Commission or the National Commission. (c) Procedure for filing the appeal is the same as that of complaint, except the application should be accompanied by the orders of the District/State Commission as the case may be and grounds for filing the appeal should be specified. Speedy Disposal:- The thrust of the Act is to provide simple, speedy and inexpensive redressal to consumers' grievances. To ensure speedy disposal of consumers' grievances, the following provisions have been incorporated in the Act and the rules farmed thereunder: It is obligatory on the complainant or appellant or their authorised 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 adjourned. The National Commission, State Commission and District Forums 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 Commissions are required to decide the appeal as far as possible, within 90 days from the first date of hearing. do let me know in case of any further doubt as i have delt such cases in this forums personally in capacity of advocate for my clients earlier. thanks, mukesh. On 4/24/13, akhilesh <akhil.akhi...@gmail.com> wrote: > Hello Saji, > Trying to answer your queries. > 1. How can we file a petition ? > Try to google the complaint sample for consumer forum and you'd fined > many. It'll give you a fair idea of preparing your complaint. > 2. Does it require an hireing an Advocate? > At least At district level you don't need to hire any advocate. If > you're confident enough and put your facts across, that will served > the purpose. To be frank, at State level and national level the > Opposit parties are represented by experienced lawyers so hireing an > advocate is highly recommended. > 3. How long the case come to its conclusion? > Depending upon the claim of complainant and delaying tactics of > Opposit Party. However, don't expect any quick decision. these forums > are clogged like any other civil court. So something between one year > to 3-5 years. > 4. Can we file a complain against Banks and their Services? > Yes. you can. > > > On 4/23/13, Saji Mathews <sajidoo...@gmail.com> wrote: >> Hello Friends, >> >> Kindly throw some light on Consumer Forum . I have following quiries >> of the same : >> >> 1. How can we file a petition ? >> 2. Does it require an hireing an Advocate? >> 3. How long the case come to its conclusion? >> 4. Can we file a complain against Banks and their Services? >> >> >> I request our legal expert also to thro some light on the same. >> >> Waiting with anticipation .... >> >> >> SAJI >> >> -- >> Saji Mathews >> Manager(Admin & Vigilance) >> Food Corporation of India >> Distt.Office, >> Dehradun.UK. >> +91 9719152333 >> >> Register at the dedicated AccessIndia list for discussing accessibility >> of >> mobile phones / Tabs on: >> http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in >> >> >> Search for old postings at: >> http://www.mail-archive.com/accessindia@accessindia.org.in/ >> >> To unsubscribe send a message to >> accessindia-requ...@accessindia.org.in >> with the subject unsubscribe. >> >> To change your subscription to digest mode or make any other changes, >> please >> visit the list home page at >> http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in >> >> > > > -- > Akhilesh Dahiya, > Advocate. > Mobile: +91 9818798780 > Email: akhil.akhi...@gmail.com > New Delhi > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/accessindia@accessindia.org.in/ > > To unsubscribe send a message to > accessindia-requ...@accessindia.org.in > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > -- Regards, Mukesh jain Email: mukesh.jai...@gmail.com muk...@mukeshjain.org mailing list run by me (info page): http://mail.mukeshjain.org/mailman/listinfo website: www.mukeshjain.org Skype: mukeshjain211 Mob: 09977165123 "Face your deficiencies and acknowledge them; but do not let them master you. Let them teach you patience, sweetness, insight. " Helen Keller Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
