How To File A Complaint In Consumer Court? Consumer Protection Matters
How To File A Complaint In Consumer Court?
Project delays, property frauds, defaults on agreement ― a home buyer would go through one of these things or more if he somehow ends up buying a project with a wrong developer. The lengthy trials in courts would only add insult to injury. Therefore, to make things easier, consumer courts have started accepting those real estate cases where the purchased good or services are even less than Rs 1 crore. You don't even need to hire a lawyer for filing a complaint in the consumer court.
So, what do you do?
Step 1
Send a notice to the construction company/ developer, before filing a formal complaint. It is important for the consumer to give notice to the opposite party regarding the deficiency in service or unfair practice. This is to see if the other party is willing to offer the compensation to make the good the loss suffered by the consumer. If the developer refuses or neglects the notice, the you can approach the consumer court.
Step 2
Submit a formal complaint under the Consumer Protection Act, 1986. You need not hire a lawyer for filing the suit. Fill this complaint form and submit it to the commission. On a plain paper, mention the details of the complainant and the opposite party. Otherwise, you can consult consumer grievance redressal forums which also help consumers in filing and forming petition at nominal charges. One such non-governmental organisation is International Consumer Rights Protection Council.
The consumer should file the complaint in the district forum which has under its jurisdiction the other party's residence or office of profit or the area where the project is located.
Step 3
You have to submit the fee through a demand draft. The consumer forum follows difference jurisdiction to entertain complaint:
-
If the claim is for less than Rs 20 lakh, the District Consumer Disputes Redressal Forum will hear the plea.
-
If the claim is for more than Rs 20 lakh but less than Rs 1 crore, the State Consumer Dispute Redressal Commission will entertain the complaint.
-
If the claim is more than Rs 1 crore, the National Consumer Disputes Redressal Commission will attend to the plea.
Fee details
For district forums
Up to Rs 1 lakh: Rs 100
Between Rs 1-5 lakh: Rs 200
Between Rs 5-10 lakh: Rs 400
Above Rs 10 lakh and up to Rs 20 lakh: Rs 500
For state forums
Above Rs 20 lakh but less than Rs 50 lakh: Rs 2,000
Above Rs 50 lakh and up to Rs 1 crore: Rs 4,000
For the National Commission
A standard amount of Rs 5,000
Types of defaults you can complain against
Sub-standard work
Construction without approvals
Construction on illegally acquired land
Fraud in booking
Change of land use, layout plan, structures with the approval of allottee
Hidden charges
Enhanced external development charges
Cancellation of the project
Forfeiture of the amount
Delay in delivering possession
Creation of third party interest
Not providing completion certificate
So, what do you do?
Step 1
Send a notice to the construction company/ developer, before filing a formal complaint. It is important for the consumer to give notice to the opposite party regarding the deficiency in service or unfair practice. This is to see if the other party is willing to offer the compensation to make the good the loss suffered by the consumer. If the developer refuses or neglects the notice, the you can approach the consumer court.
Step 2
Submit a formal complaint under the Consumer Protection Act, 1986. You need not hire a lawyer for filing the suit. Fill this complaint form and submit it to the commission. On a plain paper, mention the details of the complainant and the opposite party. Otherwise, you can consult consumer grievance redressal forums which also help consumers in filing and forming petition at nominal charges. One such non-governmental organisation is International Consumer Rights Protection Council.
The consumer should file the complaint in the district forum which has under its jurisdiction the other party's residence or office of profit or the area where the project is located.
Step 3
You have to submit the fee through a demand draft. The consumer forum follows difference jurisdiction to entertain complaint:
- If the claim is for less than Rs 20 lakh, the District Consumer Disputes Redressal Forum will hear the plea.
- If the claim is for more than Rs 20 lakh but less than Rs 1 crore, the State Consumer Dispute Redressal Commission will entertain the complaint.
- If the claim is more than Rs 1 crore, the National Consumer Disputes Redressal Commission will attend to the plea.
Fee details
For district forums
Up to Rs 1 lakh: Rs 100
Between Rs 1-5 lakh: Rs 200
Between Rs 5-10 lakh: Rs 400
Above Rs 10 lakh and up to Rs 20 lakh: Rs 500
For state forums
Above Rs 20 lakh but less than Rs 50 lakh: Rs 2,000
Above Rs 50 lakh and up to Rs 1 crore: Rs 4,000
For the National Commission
A standard amount of Rs 5,000
Types of defaults you can complain against
Sub-standard work
Construction without approvals
Construction on illegally acquired land
Fraud in booking
Change of land use, layout plan, structures with the approval of allottee
Hidden charges
Enhanced external development charges
Cancellation of the project
Forfeiture of the amount
Delay in delivering possession
Creation of third party interest
Not providing completion certificate
Consumer Protection Matters
A consumer is either an individual or a group of individuals who ultimately is/are the final users of the products or the services. Thus a consumer is the one who ultimately pays to consume such goods and services for personal use and not for manufacture or resale.
The Consumer Protection Act is a social welfare legislation, enacted as a result of widespread consumer protection movement.
RDJ Consultants makes the consumer know about their rights and represent them in case of breach of any of their rights which can be :-
- Education of the consumer
- Right to be heard
- Right of safety (for use of material)
- Right to Choose
- Right of Information (of material)
- Right to get redressal
The attorney helps the aggrieved file the petition in case of any
- Fault,
- Imperfection,
- Shortcoming or
- Inadequacy
In the Quality, Quantity, Potency, Purity or Standard of the product and Manner of Performance of product or service so purchased by the consumer from the market.
RDJ Consultants helps the consumer to approach the appropriate Consumer Dispute Redressal Agencies.
- The District Level court, known as District Forum or the District Consumer Disputes Redressal Forum is approached when the value involved is up to the tune of Rupees Two Million.
- The State Level court, known as State Commission or the State Consumer Disputes Redressal Forum is approached when the value involved is up to the tune of Rupees Ten Million.
- The National Level court, known as National Consumer Disputes Redressal Forum is approached when the value involved is to the tune of more than Rupees Ten Million.
Some of the nature of service and cases which we usually handle are as follows:
- Sending legal notice on behalf of consumer – Consumer protection is one of the most successful ways to deal with the sellers who do cheating, fraud, wrong commitment or deal in monopolistic nature and then don’t provide services or don’t listen to complains as committed. RDJ Consultnats handles such cases and help the consumer to resolve their cases. Though consumer forum does not have a very complicated procedure, but if the nature and severity of cases is such then you need a legal expert to handle your case and help you to get justice. RDJ Consultants dedicatedly helps its clients to get justice by contesting cases on behalf and helping them to get relief and justice which they deserve.
- Matter related to deficiency in-service – Most of the time we experience that at the time of selling a product the behavior of seller is very good, but when it comes to provide the services their behavior changes drastically and they even tend to speak to the customers in the manner they sold the product. Because of this, consumers usually face problems and to overcome such issues and problem of deficiency of service RDJ Consultants helps its clients to contest cases against those professionals, sellers or etc. and make sure that consumer gets justice and proper service which they deserve.
- Matters related to liability of seller – Most of the time we experience that at the time of selling a product the behavior of seller is very good, but when it comes to provide the services their behavior changes drastically and they even tend to speak to the customers in the manner they sold the product. Because of this, consumers usually face problems and to overcome such issues and problem RDJ Consultants helps its clients to contest cases against those sellers and make sure that consumer gets justice and proper service which they deserve.
- Matters related against seller and companies for providing adequate after sale service – Most of the time we experience that at the time of selling a product the behavior of seller and companies is very good, but when it comes to provide the services their behavior changes drastically and they even tend to speak to the customers in the manner they sold the product. Because of this, consumers usually face problems and to overcome such issues and problem of deficiency of service RDJ Consultants helps its clients to contest cases against those professionals, sellers or etc. and make sure that consumer gets justice and proper service which they deserve.
- Matter related to liability of seller selling products more than market retail price (MRP) – That as per section 18 (2) of the Legal Metrology (Packaged Commodities) Rules, 2011 clearly states that “No retail dealer or other person including manufacturer, packer, importer and wholesale dealer shall make any sale of any commodity in packed form at a price exceeding the retail sale price thereof.” Therefore, you the addresses have clearly violated section 18 (2) of the Legal Metrology (Packaged Commodities) Rules, 2011. Furthermore, as per Monopolies of Restrictive Trade Practices Act (MRTP) and as per Consumer Protection Act, 1986 it is unlawful to sell the products more the MRP. RDJ Consultants helps its clients to contest cases against those sellers who sell the products more than MRP.
Go the following tips and provisions of Consumer Protection Act.
1.The consumers must have a proof of having purchased the goods or availed of the services.
2.The consumer must ensure that all the relevant facts in support of his case are clearly and specifically stated in the complaint.
3.The complainant shall file the complaint in the district forum in whose jurisdiction the Opposite Party has is residing or working for gain or having any office or in whose jurisdiction the cause of action has arisen. The consumers should ensure that prescribed fee is paid through crossed Demand Draft / or Indian Postal Order.
4.The complaint is instituted in the proper forum within the period of two years from the date of cause of action.
5.The last para of the complaint should state in the Prayer Clause, the relief, compensation etc. sought from the Forum.
Be careful about the Consumer Forum where the case is to be filed.
Section 11 of Consumer Protection provides in this regards as follows. Jurisdiction of the District Forum.—
(1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs.
(1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs.
(2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,—
(a) The opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain, or
(b) Any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution
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