Sample Complaint Petition
 
 

      The Consumer Protection Act, 1986 (68 of 1986) is a milestone in the history of socio-economic legislation in the country. The main objective of the new law is to provide for the better protection of the consumers unlike existing laws which are punitive or preventive in nature. The Act intends to provide simple, speedy & inexpensive redressal to the consumer's grievances.

Extent and coverage of the Act

      The C.P. Act applies to all goods and services, excluding goods purchased for resale or for commercial purpose & services rendered free of charge & under contract of personal service.

Who is a Consumer

      A consumer is any person who buys any goods for a consideration and user of such goods where the use is with the approval of a buyer, any person who hires/avails of any service for a consideration & any beneficiary of such services, where such services are availed of with the approval of the person hiring the service. The consumer need not have made full payment.

      Goods mean any movable property and also include share, but do not include any auctionable claims. Service of any description is covered under C.P.Act & includes Banking, financing, insurance, transport, processing, housing, construction, supply of electrical energy, entertaaaaaainment, amusement, board and lodging, among others.

Who can file a complaint

  A complaint on a plain paper either handwritten or typed, can be filed by a consumer, a registered consumer organisation, central or State Government & one or more consumers, where there are numerous consumers having the same interest. No stamp or court fee is needed

Consumers can make, complaints against :-

A)   Any unfair trade practice or restrictive trade practice adopted by the trader.
B)   Defective goods.
C)   Deficiency in service.
D)   Excess price charged by the trader.
E)   Unlawful goods sale which is hazardous to life and safety when used.

Where to file a complaint

      The Consumer Protection Act has provided for a three tier system popularly known as "Consumer Courts" :-

A)   District Forum : For claims up to Rs.20 lakhs.
B)   State Commission : For claims above Rs.20 lakhs but less than Rs.1 crore.
C)   National Commission : For claims above Rs. 1 crore.

      The nature of complaint must be clearly mentioned as well as the relief sought by the consumer. It must be filed in quardruplicate in District Forum or State Commission (as the case may be) if there is only one opposite party. Otherwise, additional copies are required to be filed.

      Generally complaint should be decided within 90 days from the date of notice issued to the opposite party. Where a sample of any goods is required to be tested, a complaint is required to be disposed off within 150 days.

Relief available to consumers

      Consumer courts may grant one or more of the following reliefs :-

A)   Repair of defective goods.
B)   Replacement of ddefective goods.
C)   Refund of price paid for the defective goods or service.
D)   Removal of defeciency in service.
E)   Refund of extra money charge.
F)   Withdrawal of goods hazardous to life and safety.
G)   Compensation for the loss or injury suffered by the consumer due to 
       negligence of the opposite party.
H)   Adequate cost of filing and persuing the complaint.
I)    Grant of punitive damages.

            Sample Complaint Petition