Write your Complain according to Sample Complaint Petitions. ( Ask an expert to draft your Complaint for better results.)
Follow the following Instructions tips and provisions of Consumer Protection Act.
– The consumers must have a valid proof of having purchased the goods or availed of the services.
– The consumer must ensure that all the relevant facts in support of his case are clearly and specifically stated in the complaint.
– The complainant shall file the complaint in the district forum in whose jurisdiction the Opposite Party is residing or working for gain or having any office or in whose jurisdiction the cause of action has arisen or complainant is residing. The consumers should ensure that prescribed fee is paid through crossed Demand Draft / or Indian Postal Order.
– The complaint is instituted in the proper forum within the period of two years from the date of cause of action.
– The last para of the complaint should state in the Prayer Clause, the relief, compensation etc. sought from the Consumer Commission.
About Pecuniary jurisdiction Section 34. (1) of Consumer Protection Act, 2019 states that the District Commission shall have jurisdiction to entertain Consumer complaints where the value of the goods or services paid as consideration does not exceed one crore rupees:
Recently Hon’ble NCDRC has held that while acknowledging the fact that under the new legislation, the pecuniary jurisdiction is to be determined based on payment made by the Complainant and not based on consolidated relief claimed by the Complainant.
About territorial jurisdiction sub section (2) of section 34 states that A complaint shall be instituted in a District Commission 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, 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.
Prescribed fee for making complaint
|Sl. No.||Value of goods or services and the compensation claimed||Amount of fee payable|
|(1)||Upto five lakh Rupees-.||Nil|
|(2)||Above Five lakh Rupees- upto 10 lakhs.||Rs.200|
|(3)||Ten lakh and above not exceeding 20 lakhs||Rs 400|
|(4)||Above twenty lakh and upto fifty lakh Rupees||Rs.1000|
|(5)||Above fifty lakh and upto one crore Rupees||Rs.2000|
|(6)||Above one crore Rupees upto two crore Rupees||Rs.2500|
|(7)||Above two crore Rupees upto four crore Rupees||Rs.3000|
|(8)||Above four crore Rupees upto six crore Rupees||Rs.4000|
|(9)||Above six crore Rupees upto eight crore Rupees||Rs.5000|
|(10)||Above eight crore Rupees upto ten crore Rupees||Rs.6000|
|(11)||Above ten crore Rupees||Rs.7500|