Procedure to File Complaint in Delhi Consumer Court
Bank Investments
Date: October 21, 2015
This document lists the procedure of filing complaint in consumer court/forum in New Delhi. The procedure is around the same in all states in India. Consumer courts are setup by state governments.
A complaint can be filed by a complainant against the seller, manufacturer, or dealer of goods which are defective or against the provider of services, if they are deficient in any manner whatsoever. An unfair trade practice or restrictive trade practice can also invite complaint.
A complainant can be a:-
Consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
A firm registered or unregistered
An individual
Hindu Undivided Family.
A cooperative society or any other association of persons
The Central or the State Government; and
In case of death of a consumer his legal heirs or representatives
Along with the complaint, the complainant is required to file copies of supporting documents, i.e., cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official purpose plus copies for the number of Opposite Parties. The complaint should be filed along with fee in the form of Postal Order/ Demand Draft according to the amount of compensation claimed.
FEES PRESCRIBED
I. Up to Rs.1,00,000/- - Rs.100/- by way of Postal Order or Demand Draft in favour of President, District Forum.
II. Above Rs.1,00,000/- to Rs.5,00,000/- - Rs.200/- by way of Postal Order or Demand Draft in favour of President, District Forum.
III. Above Rs.5,00,000/- to Rs.10,00,000/- - Rs.400/- by way of Postal Order or Demand Draft in favour of President, District Forum.
IV. Above Rs.10,00,000/- to Rs.20,00,000/- :- Rs.500/- by way of Postal Order or Demand Draft in favour of President, District Forum.
V. Above Rs.20,00,000/- to Rs.50,00,000/- : Rs.2,000/- by way of Demand Draft in favour of Registrar, State Commission, Delhi
VI. Above Rs.50,00,000/- to Rs. 1 Crore : – Rs.4,000/- by way of Demand Draft in favour of Registrar, State Commission, Delhi
4. The complaint can be filed through an Authorised Representative /Advocate or in person.
JURISDICTION FOR FILING COMPLAINTS
In terms of the provisions contained in the Consumer Protection Act, 1986, complaints:-
Where the value of goods or services and compensation, if any, claimed below Rs. Twenty Lacs or up to Rs. Twenty Lacs, can be filed before District Forum.
Where the value of goods or services and compensation, if any, claimed exceeds Rs. Twenty Lacs but does not exceed Rs. One Crore, can be filed before State Commission.
Where the value of goods or services and compensation, if any, claimed exceeds Rs. One Crore, can be filed before National Commission.
The complaints can be filed at the Filing Counter of the State Commission on every working day from 10.30 a.m. to 1.30 p.m. It is necessary for the person filing the complaint to get an acknowledgement indicating the date of filing the complaint, so as to show the Commission that the same has been filed within the period of limitation in terms of the provisions contained in the Act.
Contact Number : xxxx
A complaint can be filed by a complainant against the seller, manufacturer, or dealer of goods which are defective or against the provider of services, if they are deficient in any manner whatsoever. An unfair trade practice or restrictive trade practice can also invite complaint.
A complainant can be a:-
Consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
A firm registered or unregistered
An individual
Hindu Undivided Family.
A cooperative society or any other association of persons
The Central or the State Government; and
In case of death of a consumer his legal heirs or representatives
Along with the complaint, the complainant is required to file copies of supporting documents, i.e., cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official purpose plus copies for the number of Opposite Parties. The complaint should be filed along with fee in the form of Postal Order/ Demand Draft according to the amount of compensation claimed.
FEES PRESCRIBED
I. Up to Rs.1,00,000/- - Rs.100/- by way of Postal Order or Demand Draft in favour of President, District Forum.
II. Above Rs.1,00,000/- to Rs.5,00,000/- - Rs.200/- by way of Postal Order or Demand Draft in favour of President, District Forum.
III. Above Rs.5,00,000/- to Rs.10,00,000/- - Rs.400/- by way of Postal Order or Demand Draft in favour of President, District Forum.
IV. Above Rs.10,00,000/- to Rs.20,00,000/- :- Rs.500/- by way of Postal Order or Demand Draft in favour of President, District Forum.
V. Above Rs.20,00,000/- to Rs.50,00,000/- : Rs.2,000/- by way of Demand Draft in favour of Registrar, State Commission, Delhi
VI. Above Rs.50,00,000/- to Rs. 1 Crore : – Rs.4,000/- by way of Demand Draft in favour of Registrar, State Commission, Delhi
4. The complaint can be filed through an Authorised Representative /Advocate or in person.
JURISDICTION FOR FILING COMPLAINTS
In terms of the provisions contained in the Consumer Protection Act, 1986, complaints:-
Where the value of goods or services and compensation, if any, claimed below Rs. Twenty Lacs or up to Rs. Twenty Lacs, can be filed before District Forum.
Where the value of goods or services and compensation, if any, claimed exceeds Rs. Twenty Lacs but does not exceed Rs. One Crore, can be filed before State Commission.
Where the value of goods or services and compensation, if any, claimed exceeds Rs. One Crore, can be filed before National Commission.
The complaints can be filed at the Filing Counter of the State Commission on every working day from 10.30 a.m. to 1.30 p.m. It is necessary for the person filing the complaint to get an acknowledgement indicating the date of filing the complaint, so as to show the Commission that the same has been filed within the period of limitation in terms of the provisions contained in the Act.
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