PROCEDURE FOR FILING COMPLAINT:

 

              The Consumer Protection Act, 2019 defines a ‘consumer’ as:

 

(i)                 buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

 

(ii)               hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.

 

Explanation:For the purposes of this clause—

 

(a)                  the expression "commercial purpose" does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;

 

(b)                  the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing

 

            A complaint can be filed by a complainant for obtaining any relief provided by or under this Act including:

 

(i)                an unfair contract or unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;

 

(ii)             the goods bought by him or agreed to be bought by him suffer from one or more defects;

 

(iii)           the services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency;

(iv)           a trader or a service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—

 

(a)              fixed by or under any law for the time being in force; or

 

(b)              displayed on the goods or any package containing such goods; or

 

(c)              displayed on the price list exhibited by him by or under any lawfor the time being in force; or

 

(d)              agreed between the parties

 

(v)              the goods, which are hazardous to life and safety when used, are being offered for sale to the public—

 

(a)              in contravention of standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force;

 

(b)              where the trader knows that the goods so offered are unsafe to the public

 

(vi)           the services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by a person who provides any service and who knows it to be injurious to life and safety;

 

(vii)         a claim for product liability action lies against the product manufacturer, product seller or product service provider, as the case may be

 

JURISDICTION FOR FILING COMPLAINTS

 

            After the coming into effect of the Consumer Protection Act, 2019, acomplaint is to be filed as per the following:

 

·                    Where the value of the goods or services paid as consideration does not exceed one crore rupees, can be filed before the District Forums;

 

·                    Where the value of the goods or services paid as consideration exceeds one crore rupees but does not exceeds 10 crore rupees, can be filed before the State Commission.

 

·                    The Complaint can be instituted at the place where:

 

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, ordinarily 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 the permission of the District Commission is given; or

 

c)              the cause of action, wholly or in part, arises; or

 

d)              the complainant resides or personally works for gain.

 

   

            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, as prescribed.

 

FEES PRESCRIBED

 

S.NO.

VALUE OF GOODS OR SERVICES PAID AS CONSIDERATION

 

AMOUNT OF FEE PAYABLE

 

FORM OF PAYMENT OF FEE

DISTRICT COMMISSION

1.       

UPTO RUPEES FIVE LAKH

 

NIL

 

2.       

ABOVE RUPEES FIVE LAKH AND UPTO RUPEES TEN LAKHS

 

RS.200

BY WAY OF POSTAL ORDER OR DEMAND DRAFT IN FAVOUR OF PRESIDENT, DISTRICT FORUM.

3.       

ABOVE RUPEES TEN LAKH AND UPTO RUPEES TWENTY LAKHS

 

RS.400

BY WAY OF POSTAL ORDER OR DEMAND DRAFT IN FAVOUR OF PRESIDENT, DISTRICT FORUM.

4.       

ABOVE RUPEES TWENTY LAKH AND UPTO RUPEES FIFTY LAKH RUPEES

 

RS.1000

BY WAY OF POSTAL ORDER OR DEMAND DRAFT IN FAVOUR OF PRESIDENT, DISTRICT FORUM.

5.       

ABOVE RUPEES FIFTY LAKH AND UPTO RUPEES ONE CRORE

 

RS.2000

BY WAY OF POSTAL ORDER OR DEMAND DRAFT IN FAVOUR OF PRESIDENT, DISTRICT FORUM.

STATE COMMISSION

6.       

ABOVE RUPEES ONE CRORE AND UPTO RUPEES TWO CRORE

 

RS.2500

 

BY WAY OF DEMAND DRAFT IN FAVOUR OF REGISTRAR, STATE COMMISSION, DELHI

 

7.       

ABOVE RUPEES TWO CRORE AND UPTO RUPEES FOUR CRORE

 

RS.3000

 

BY WAY OF DEMAND DRAFT IN FAVOUR OF REGISTRAR, STATE COMMISSION, DELHI

 

8.       

ABOVE RUPEES FOUR CRORE AND UPTO RUPEES SIX CRORE

 

RS.4000

 

BY WAY OF DEMAND DRAFT IN FAVOUR OF REGISTRAR, STATE COMMISSION, DELHI

 

9.       

ABOVE RUPEES SIX CRORE AND UPTO RUPEES EIGHT CRORE

 

RS.5000

 

BY WAY OF DEMAND DRAFT IN FAVOUR OF REGISTRAR, STATE COMMISSION, DELHI

 

10.  

ABOVE RUPEES EIGHT CRORE AND UPTO RUPEES TEN CRORE

 

RS.6000

 

BY WAY OF DEMAND DRAFT IN FAVOUR OF REGISTRAR, STATE COMMISSION, DELHI

 

 

         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.

 

PROCEDURE FOR FILING APPEALS:


         In terms of the provisions contained in Section 41 of the Consumer Protection Act, 2019, any person aggrieved by an order passed by the District Forum may prefer an appeal against such order to the State Commission within a period of 45 days from the date of order. The period of limitation for filing the appeal is to be computed from the date of communication of the order to the aggrieved party. Proviso to Section 41 of the Act provides that the State Commission may entertain an appeal even after the expiry of said period of 45 days if it is satisfied that there was sufficient cause for not filing the same within that period. Provided further that no appeal by a person who is required to pay any amount in terms of an order of the District Commission, shall be entertained by the State Commission unless the Appellant has deposited 50% (Fifty percent) of that amount in the manner as may be prescribed.

 

The appellant shall submit three copies of the memorandum to the State Commission for official purposes along copies for service to the respondent/OP.

 

Any person desirous of filing an appeal can file such appeal at the Filing Counter of the State Commission on all the working days from 10.30 a.m. To 1.30 p.m.

 

In the case of appeals also, it is necessary for the person filing the appeal to get an acknowledgement indicating the date of filing the appeal, so as to show the Commission that the appeal has been filed within the period of limitation  in terms of the provisions contained in the Act.

 

In case of appeals, the statutory deposit i.e. fifty percent of the awarded amount should be deposited in the shape of Fixed Deposit Receipt, from any nationalized bank for a period of one year, in favour of Registrar, State Commission, Delhi.