Topic 16: PROCEDURE TO SETTLE COMPLAINT At REDRESSAL AGENCIES

A consumer may file a complaint with the District Forum o, State Commission or, the National Commission depending on the jurisdiction of these. Both pecuniary and territorial jurisdiction must be considered by consumer before filing a complaint.
There is a concrete procedure that is to followed when a complaint is filed by the consumer. The procedure to settle complaint is governed under section 12, 13, 14, 18, and 22 of consumer protection Act.

I. When complaint is filed with District Forum

1. Manner in which complaint is filed (Section 12)
The manner in which complaint can be filed cover three precise questions namely:
(i) Who can file a complaint?
A complaint relating to goods and services may be filed by the following:
a) A person who is consumer or;
b) Any recognized consumer association or;
c) One or more consumers having common interest or;
d) The Central Government or State government.

(ii) Where to file a complaint?
It depends upon the jurisdiction of the District Forum, State Commission & national Commission.
If the Value of goods or services are Where to file complaint
(a) Less than Rs 20 Lakhs File complaint in District Forum
(b) More than Rs 20 Lakhs but less than Rs 1 crore File complaint in State Commission
(c) More than Rs 1 crore File complaint in Nation Commission

(iii) How to file a complaint?
Procedure for filing complaints and seeking redressal are simple and speedy. A complaint should contain the following information:
(a) The name, description and address of the complainant;
(b) The name, description and address of the opposite party or parties;
(c) The facts relating to complaints and when &where it arose;
(d) Copies of documents in support of the allegation contained in the complaint.
(e) The compensation or relief asked by the complainant.
(f) Complaint should be signed by the complainant or his authorized agent.
(g) A prescribed fee is payable for filling a complaint before consumer redressal forum by Demand Draft.
Value of goods or services or relief claimed                        Prescribed fee                                     
Up to Rs 1 lakh                 Rs 100/-
Rs 1 lakh to Rs 5 lakhs Rs 200/-
Rs 5 lakhs to Rs 10 lakhs Rs 400/-
Rs 10 lakhs to Rs lakhs Rs 500/-

(h) Minimum of 5 copies of the complaint have to be filed. 3 copies for the forum, 1 copy for office of forum and 1 copy for the opposition party.
(i) Lastly, complaint can be presented before the consumer redressal forum by complainant/authorized agent.

2. Procedure on an admission of complaint (Section 13)

1. The first step is to decide about the admissibility of the complaint by the forum within 21 days of its receipt.
2. The second step is to refer a copy of the complaint tot eh opposite party directing him to give his version of the case within a period of 30 days. At the most the District forum can extent the time for 15 days on the request of the opposite party.
3. Where the opposite party denies any allegations contained in the complaint or fails to take any action to represent his case within a period of 30 days or extended period.
4. Where the alleged defect in the goods is such that it cannot be determined without proper analysis or test of the goods, the forum should obtain the sample of the goods from the complainant. The said sample should be sealed and sent too an appropriate laboratory.
5. Consumer can be asked by the District forum to pay the requisite fee of the laboratory.
6. On receiving the report from the laboratory, district forum should forward a copy of it to the opposite party.
7. If any party have an objection to the correctness of the report or the correctness of the method of analysis, district forum shall ask him to submit his objections in writing.
8. Before issuing any final order the district forum will provide an opportunity to both the parties to present their views about the report before the forum.

3. Relief available to the consumer (Section 14)

After the proceeding has taken place under section 13 of the consumer protection act before the District Forum on the basis of evidence and the District forum is satisfied that the goods complained against do suffer from any of the defects specified in the complaint are proved, it may direct the following things to be done, or relief to a consumer:
1. To remove the defects as complained in the complaint-petition;
2. To replace the goods with a new goods;
3. To refund the price paid by the complainant;
4. To award appropriate and reasonable compensation for any loss or injury caused to the consumer.
5. To remove the defects or deficiencies in the services in question;
6. To abandon or discontinue the unfair trade practice/restrictive trade practice etc;
7. To restrain and withdraw themselves from selling hazardous goods.
8. To award apart from compensation adequate and reasonable cost to the parties.

II. When complaint is filed with State Commission

Section 18 of the Consumer Protection Act, 1986, states that the provision of section 12, 13, and 14. So the State commission would follow the same procedure for the disposal of complaint as by the District Forum.

III. When complaint is filed with National Commission

Section 22 of the Consumer Protection Act, 1986 states that the provision of section 12, 13 and 14. So the National Commission would follow the same procedure for the disposal of complaint as by the District Forum.