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MODEL FORMS OF COMPLAINT






 

 


MODEL FORMS OF COMPLAINT
UNDER THE CONSUMER PROTECTION ACT, 1986

Before the Hon'ble District Consumer Disputes Redressal Forum at
OR
Before the Hon'ble State Consumer Disputes Redressal Commission at ------

1. Particulars of complainant:

    1. Full Name:
    2. Complete Address:
    3. Village, Tehsil, City and State:

2. Particulars of the Opposite party:

Opposite party No. 1

    1. Full Name of dealer/shop/Firm/manufacture:
    2. Complete Address:
    3. Village, Tehsil, City and State:

3. Particulars relating to goods/services complained of:

(a) Details of goods/service:

    1. Item of goods with quantum/nature of service:
    2. Date when goods purchased/service obtained:
    3. Amount paid as consideration:

(Attach photocopies of bill/voucher/receipt etc.)

(b) Whether the complaint relates to:

    1. Loss or damage as a result of unfair trade practice adopted by the trader:
    2. One or more defects in goods:
    3. Deficiency in services:
    4. Excess price charged by trader (above the price fixed by or under any law for the time being in force of displayed on goods or package containing such goods):

(c) If the complaint relates to (b)(1) above.

Please indicate the nature of unfair trade practice adopted by the trader, such as

- Statement as to the quality etc. of foods sold/service made:
- Sponsorship of goods/dealers:
- Warranty/guarantee with period promised
(attach photocopy of warranty/guarantee card, if any):
- Disparaging of goods of other traders:

(d) If the complaint relates to (b)(ii), nature and extent of defects in goods:

(e) If the complaint relates to (b)(ii), nature and extend of deficiencies in service:

(f) If the complaint relates to (b)(iv), details of price fixed and price charged:

(g) Any other details connect with the complaint (Such as, when defect in goods or deficiency in service was first noticed):

4. Details of attempts made to get the matter complained of settled and result thereof:

    1. Personal negotiations:
    2. Written communication with trader/opposite party: (attach copies of correspondence)
    3. Application made to other authorities such as M.R.T.P. Commission.

5. Whether any other law/rules/regulations/procedure applicable:

6. Details of documents/witnesses relied upon to substantiate the complaint.

7. Relief claimed:

    1. To get defects in the goods removed and/or
    2. To replace the goods with new goods and/or
    3. To return the price/charges paid
    4. Compensation claimed for financial loss/injury/interest suffered due to the negligence of the opposite party/parties. (Justify with reasons the extent of compensation claimed for the loss or injury)

8. the Forum/State Commission has jurisdiction to entertain the complaint in view of-

(a) Section 11(i)/Sec 17 of the Consumer Protection Act

(b) The extent of amount involved being Rs:

    1. The cause of action having accrued at:

 

PRAYER

   It is, therefore most respectfully prayed that (here give details of prayer)---------------------------------
----------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------

Through -------------------------------------------------- Authorized.

Representative/Advocate/Voluntary Consumer Association (give here names and addresses)

Place --------------

Date --------------                                                                                                 COMPLAINANT


VERIFICATION

I, -------------------------------------- S/o ------------------------------------ resident of ------------------------------------------------ do solemnly declare and state that the particulars stated above are true to the best of my knowledge and belief and no part thereof is false and nothing material has been concealed therefrom. The annexures are exact copies/translation of their originals. I undertake to pay any sum required for the conducting of test in the laboratory as per the provisions of Sec. 13(1)(d) of the Consumer Protection Act, 1986.

Verified at --------------- this ------------ day of -------------- two thousand and ------------------

 

DEPONENT

Enclosure (Mark enclosures as Annexure I, II, III etc.)

  1. ---------------------------------------------------
  2. ---------------------------------------------------
  3. ---------------------------------------------------






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MODEL FORM OF APPEAL

Before the Hon'ble Consumer Disputes Redressal Commission (State Commission)
At --------------------------------------
(Appellate Jurisdiction)
Memorandum of Appeal No. --------------------------------- of --------------------



IN THE MATTER OF


Name : -----------------------------------------------------------------------------------

Full Address: ---------------------------------------------------------------------------

Village/Tehsil/District: ---------------------------------------------------------------

Versus

Name : -----------------------------------------------------------------------------------

Full Address: ---------------------------------------------------------------------------

Village/Tehsil/District: ---------------------------------------------------------------

The humble appeal of Appellant(s) above named most respectfully showed:

1.This appeal is directed under Section 15 of the Consumer Protection Act, 1986 against the order of the District forum ----------------------------- In application No. ---------------------- of------------------- passed on --------------------------- received by the appellant on -------------------------

2.This appeal is filed within the time limit provided under Section 15 of the Consumer Protection Act, 1986/ This appeal being, barred by limitation, is accompanied by an application for condonation of delay for consideration by the Commission, as per rules ----------------------- of the Consumer Protection Rules of -------------------------------------- State (delete whichever is not applicable).

3.Brief facts of the case are stated hereunder (Please furnish herein the details of the case and the decision of the District Forum):

--------------------------------------------------------------------------------------------

4.The grounds on which appeal is preferred are stated here under (the grounds should be numbered consecutively without any arguments of narrative):

5.The appellant has not preferred any other appeal against the order impugned herein.

6.PRAYER: It is, therefore, respectfully prayed that your Lordship may be graciously pleased to allow the appeal and set aside/modify the order of the District Forum appealed against.

7.List of enclosures:

  1. Certified copy of the order of the District Forum appealed against.
  2. Affidavit.
  3. --------------------------------------------
  4. --------------------------------------------

PLACE: ------------------
DATE: ------------------                                                                                     SIGNATURE

(To be signed by the Appellant and Authorized Representative/Associate).



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OTHER FEATURES

  1. No fee is required for filing complaint or any other application.

  2. The complaint/appeal/revision or other application may be presented in person in the office of respective Forum/Commission or through an authorized Agent or may be sent by registered post.

  3. The complaint/reply/appeal should be filed in triplicate with copies of documents. The Complainant has to file extra copies equal to the number of opposite parties with envelope and postal stamp for service on them.

  4. The Forum/Commission provides copies of order to both parties free of charge.

  5. Parties are entitled to inspect record of their cases in office hours.

ACTS AND RULES APPLICABLE

Following Acts and Rules are applicable in District Forum/State Commission/National Commission-

  1. Consumer Protection Act, 1986.
  2. Madhya Pradesh Consumer Protection Rules, 1987.

STATISTICAL DATA OF CASES PENDING UPTO 1ST JULY 2001.

Statistical data of cases instituted disposed of and pending cases in State Commission and District Forum is at Annexure 'E'  &  Annexure 'F'.

LIST OF VOLUNTARY CONSUMER ORGANISATIONS

The list of voluntary consumer organization is at Annexure 'G'.

CONTROL OF DISTRICT FORUMS

The administrative central of District Forum lies with the President of State Commission. Any Complaint related with administration may be made to the Registrar of the Commission. Registrar obtains order of President and takes appropriate action.

BUDGETARY PROVISION

The State Government has sanctioned budget of Rs. 4,64,00,000/- for State Consumer Commission and District Forums of the State for the Year 2001-2002. The details of budget are Annexure 'H'.

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