Format of how to file a complaint in a Consumer Court

Model-Form Of Complaint

SAMPLE OF COMPLAINT, AFFIDAVIT IN SUPPORT OF COMPLAINT AND REPLY TO THE COMPLAINT

A sample of complaint is give below. However, you can file a complaint in any other way as long as you write the specific information required to file in a complaint.

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT……………..

OR

BEFORE THE HON’BLE STTE CONSUMER DISPUTES REDRESSAL COMMISSION AT……………….

OR

BEFORE THE HON’BLE NATONAL CONSUMER

DISPUTES REDRESSAL COMMISSION

AT NEW DELHI

IN RE: CONPLAINT NO……OF 20…….

IN THE MATTER OF:
(Full Name)
(Description)
(Complete Address)
……………Complainant

-Vs.-

(Full Name)
(Description)
(Complete Address)
…………….Opposite party/parties
Complaint under Section 12/Section 17/Section 21 of the consumer protection Act, 1986:
Respectfully showeth:

1.    Introduction: In this opening paragraph, you should give your introduction as well as that of the opposite parties.

2.    Transaction: In this paragraph, you should describe the transaction i.e. particulars and details 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 of in part towards the goods/services: photocopies of the /cash memo/vouchers or receipt should be attached and properly marke4de as Annexure A, B, C AND/ or 1, 2, 3 and so forth.

1.    Defect/Deficiency: In this paragraph, you shouldexplain the grievancei.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 excessive pricing for the goods . One should bring out 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 specify the details of actual price fixed by or under nay law in force at that point of time or as set out on goods and their packing vis-à-vis the price charged by the trader. The 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/header by compassionate and pragmatic judges. The photocopies of the relevant documents must be attached.

2.    Rectification: In this paragraph, you should highlight what attempts you have made to set the things right i.e. personal visits or negotiations: communication in writing if any: whether any legal notice was served and/or whether you have approached any other agency for redressed like MRTP Commission. Civil or Criminal Court of competent jurisdiction: the stages of its proceedings, its outcome, of any, along with copies (preferably certified) of such proceeding. The nature of response you got from the trader when irregularities were brought to his notice should also be disclosed here.

3.    Evidence: In the paragraph, you should give details of documents and/ or witnesses you will rely upon to substantiate your case. The documents attached as annexure as stated above may be incorporated in a proper list and a list of witnesses (if any) may be filed. Each of the annexure should be attested as ‘true copy’.

4.    Other provision: In the paragraph, you us make reference to any other law or rule regulation of a particular procedure which are applicable to the case and /or which the trader has violated and consumer’s rights under the same . there are incidental statutory obligations which the traders have to fulfill and in case of nay failure to do so, the case in prime facie is made out and the forum takes cognizance.

5.    Jurisdiction: In this paragraph , you should liquidate the claim in the complaint i.e. from Rs. 20,00,000/- to Rs, 1,00,00,000/- 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.

6.    Limitation: You must mention the present complaint is being filed within the period prescribed under Section 24A of the Act.

1.    Relief claimed: In this paragraph, you should describe the nature of relief you want to claim I. for removal of defects in goods or deficiency in services; replacement with new goods; return of the price or charges, etc. paid and /or compensation on account of financial loss or injury detrimental to your interest occasioned by negligence of the opposite party and explain how you have calculated the amount f the compensation claimed.

2.    Prayer clause: It is therefore, most respectfully prayed that this Hon’ble Forum/Commission may kindly be pleased to……………

(Details of relief’s which you want court to grant)

Place ………………….
Date…………………… Complainant
Through (Advocate or Consumer 
Association, etc.)
Verification
I, …………………….., the complainant above named , do hereby solemnly verify that the contents of my above complaintare true and correct to my knowledge . No part of it is false and nothing material has been concealed therein.
Verified this on………… day of ………..20……………at…………..

Complainant
Note: Although it is not compulsory, you may file an affidavit in support of the complaint, which adds to the truth and veracity of allegations and gives credibility to the cause. You need not do it on a stamp paper but should get it attested from an Oath Commissioner appointed by a High Court . The format is simple.