Model Formats for a Filing a Consumer Complaint

July 16, 2014

Below are the 4 formats required whilst filing a Consumer Complaint at the District Forums, State Commission, and National Commission:

To view the full procedure for filing a Consumer Complaint click here.

Model Form –1- Notice before filing The Complaint

Name and address

…………………………………………………………………………………………………..

(of the trader, dealer, firm, company, etc.)

………………………………………………………………………………………………….

(Complete address)

IN RE: (Mention the goods/services complained of giving details)

…………………………………………………………………………………………………..

Dear Sir,

This is to bring to your kind notice that 1 had purchased…………………….from your …………………………. for a consideration of Rs………………………………… paid in cash vide your cash memo/Receipt/Invoice No……………………………………………….(or through cheque No ……………………… dated……………….drawn on ………………………………….bank for a sum of Rs ………………..

The said goods are suffering from the following defects:

(i) ……………………………………..

(ii) ……………………………………..etc

I have reported the above matter to you several times (give reference of earlier letters, if any) but despite all my pleadings you have not made good the defect in the goods (or deficiency in services) which is indeed regrettable and highly unbusiness like. On account of your aforesaid dereliction of duty and failure and neglect to rectify the same I have suffered losses/incurred expenses

…………………………………………………………………………………………………………………………………………

which you are liable to compensate to me.

You are hereby finally called upon to

(i) remove the said defects in the goods

and/or

(ii) replace the goods with new goods

and/or

(iii) return the price/ charges paid

(iv) pay compensation for financial loss/injury/interest suffered due to your negligence ………………………………………………………..

(give details)

in the sum of Rs …………………………………….. with interest @………………………… % per annum within……………………days of the receipt of this notice failing which 1 shall be constrained to initiate against you for redressal of my aforesaid grievances and recovery of the aforesaid amount such proceedings, both civil and criminal as are warranted by law, besides filing a complaint under the statutory provisions of The Consumer Protection Act, 1986 exclusively at your own risk, cost, responsibility and consequences which please note.

Place……………………..

Dated…………………………. Sd/-

.…………

Model Form –2 -The Complaint

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM AT (Give the name of the concerned District Consumer Forum)

BEFORE THE HON’BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT (Give the name of the concerned State Consumer Redressal Commission)

BEFORE THE HON’BLE NATIONAL CONSUMER DISPUTES REDRESSAL

COMMISSION AT NEW DELHI

INRE: COMPLAINT NO …………………… OF20……… IN THE MATTER OF:

(FULL NAME) (DESCRIPTION) (COMPLETE ADDRESS)

…………… Complainant

VERSUS

(FULL NAME) (DESCRIPTION) (COMPLETE ADDRESS)

…………………………… Opposite Party/ Parties

COMPLAINT UNDER SECTION 12/ SECTION 17/

SECTION 21 OF THE CONSUMER PROTECTION ACT, 1986.

RESPECTFULLY SHOWETH

INTRODUCTION

In this opening paragraph the complainant should give his introduction as well as that of the opposite party/parties.

TRANSACTION

In this paragraph complainant should describe the transaction complained of, i.e., particulars and details of goods/ services availed; items of goods/kind and nature of service; date of purchase of goods / availing of service; amount paid as price/consideration, full or in part towards the goods/service; Photocopies of the bill/cash memo / voucher or receipt should be attached and properly marked as Annexure – A,B,C and so forth or 1,2,3 and so forth.

DEFECT DEFICIENCY

In this paragraph complainant should explain the grievance, i.e., whether the loss or damage has been caused by some unfair trade practice or restrictive trade practice adopted by any trader or there is some defect in the goods or there has been deficiency in service or the trader has charged excessive price for the goods. One should elucidate the nature of unfair trade practice adopted by the trader, i.e., relating to the quality of goods/services; sponsorship; warranty or guarantee for such period promised. The nature and extent of defects in goods should be explained and so should the deficiency in service. In case of excessive price one should specify the details of actual price fixed by or under any law for the time being in force or as set out on goods and their packing vis-a-vis the price charged by the trader. Complaint can also be filed against offer for sale of goods hazardous to life and safety when used. You should narrate your grievance and rest assured it is being read /heard by compassionate and pragmatic judges. Photocopies of relevant documents must be attached.

RECTIFICATION

In this paragraph complainant should highlight what attempts were made by him to set things right, i.e., personal visits or negotiations; communication in writing if any; whether any legal notice was got served and / or whether he has approached any other agency for redressal like, Civil or Criminal Court of competent jurisdiction; the stage of its proceedings, its outcome, if any, along with copies (certified preferably) of such proceedings. The nature of response got from the trader when irregularities were brought to his notice, should also be disclosed here.

OTHER PROVISIONS

In this paragraph reference may be made to any other law or rules or regulations of particular procedure which is applicable to the case and / or which has been violated by the trader and consumer’s rights under the same. There are incidental statutory obligations, which traders must fulfil and in case of their failure to do so the case in prima facie made out and Forum would take cognizance).

EVIDENCE

In this paragraph complainant should give details of documents and/ or witnesses he will rely upon to substantiate his case. The documents attached as Annexures as stated above may be incorporated in a proper list and a list of witnesses (if any) may be filed similarly).The annexures should be attested as “True Copy”.

JURISDICTION

In this paragraph complainant should liquidate the claim in the complaint, i.e., upto 20 lakh; 20 lakh to one crore; or above and set out the pecuniary jurisdiction of the Forum/ State Commission/National Commission, as the case may be. The territorial Jurisdiction should be highlighted to obviate any formal objection.

LIMITATION

That the present complaint is being filed within the period prescribed under section 24A of the Act.

RELIEF CLAIMED

In this paragraph complainant should describe the nature of relief he wants to claim. i.e., for removal of defects in goods or deficiency in service; replacement with new goods; return of the price or charges, etc., paid and/or compensation on account of financial loss or injury or detriment to his interest occasioned by negligence of the opposite party and elucidate how you have calculated the amount of compensation claimed).

PRAYERCLAUSE

It is, therefore, most respectfully prayed that this Hon’ble Forum / Commission may kindly be pleased to …………………………………………………………….. (Details of reliefs which complainant wants the Court to grant)

Place:…………………………….. Dated:……………………………..

Complainant Through ……………………………..

(Advocate or Consumer Association, etc)

Verification.

I, ………………………..the complainant above named, do hereby solemnly verify that the contents of my above complaint are true and correct to my knowledge, no part of it is false and nothing material has been concealed therein. Verified this ………………………………………. day of ……………………………………… 20 ……at

………. Complainant.

Note: Although it is not compulsory, complainant may file an affidavit in support of the complaint which adds to the truth and veracity of allegations and gives credibility to the cause. It need not be on a Stamp paper but one should get it attested from an Oath Commissioner appointed by a High Court. The format is just as simple.

Model Form –3- Affidavit in Support of the Complaint

BEFORE THE HON’BLE…………………..INRE:COMPLAINTNO………….OF

20…………….. IN THE MATTER OF:

…………………………………………………………

…………………………………………………………………………………………………. Complainant

……………………………………………………………………………………………………………………..

……………………………………………………………………………………………….. Opposite party

AFFIDAVIT

Affidavit of

Shri…………………………………………….S/o. Shri …………………………….

aged………………………………years, resident of …………………………………..

……………………………………………………………………………………………………………..

(1) That I am complainant in the above case, thoroughly conversant with the facts and circumstances of the present case and am competent to swear this affidavit.

(2) That the facts contained in my accompanying complaint, the contents of which have not been repeated herein for the sake of brevity may be read as an integral part of this affidavit and are true and correct to my knowledge.

Deponent

Verification:

I, the above named deponent do hereby solemnly verify that the contents of my above affidavit are true and correct to my knowledge,

no part of it is false and nothing material has been concealed therein.

Verified this…………………………day of………………….. 20………….

at……….

Deponent

Model Form –4- Reply by the Trader to the Complaint

BEFORE THE HON’BLE …………………………………….. THE CONSUMER

DISPUTES REDRESSAL FORUM/ COMMISSION AT………………………

INRE: COMPLAINT NO…………………….OF20……………………..

IN THE MATTER OF:

…………………………………………………………………………………………………………………………………..

Complainant

VERSUS

………………………………………………………………………………………………………………………………..

Opposite Party

DATE OF THE FILLING……………………

Source: This information was obtained from http://confonet.nic.in/

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