INTRODUCTION

Consumer forum is the redressal agency of complaint of a consumer. The Consumer Protection Act, 1986 provides redress to a consumer when the goods purchased or the services provided are subject to some deficiency. It provides redress to consumers through set of courts without engaging lawyers. It enacts an additional remedy in favour of consumer to raise consumer disputes before the Fora constituted under the act. The moment a person comes into this would, he starts consuming. He needs clothes, milk, oil, soap, water, and many more things and these needs keep taking one form or the other all along his life. Thus we all are consumers in the literal sense of the term. When we approach the market as a consumer, we expect value for money, i.e., right quality, right quantity, right prices, information about the mode of use, etc. But there may be instances where a consumer is harassed or cheated. The Government understood the need to protect consumers from unscrupulous suppliers, and several laws have been made for this purpose. We have the Indian Contract Act, the Sale of Goods Act, the Dangerous Drugs Act, the Agricultural Produce (Grading and Marketing) Act, the Indian Standards Institution (Certification Marks) Act, the Prevention of Food Adulteration Act, the Standards of Weights and Measures Act, etc. which to some extent protect consumer interests. However, these laws require the consumer to initiate action by way of a civil suit involving lengthy legal process which is very expensive and time consuming. The Consumer Protection Act, 1986 was enacted to provide a simpler and quicker access to redressal of consumer grievances. The Act for the first time introduced the concept of consumer and conferred express additional rights on him. It is interesting to note that the Act doesnt seek to protect every consumer within the literal meaning of the term. The protection is meant for the person who fits in the definition of consumer given by the Act.

CHAPTER: 1
The Consumer Protection Act, 1986, is a benevolent social legislation that lays down the rights of the consumers and provides their for promotion and protection of the rights of the consumer. The first and the only Act of its kind in India, it has enabled ordinary consumers to secure less expensive and often speedy redressal of their grievances. By spelling out the rights and remedies of the consumers in a market so far dominated by organized manufacturers and traders of goods and providers of various types of services, the Act makes the dictum, caveat emptor (buyer beware) a thing of the past. The Act mandates establishment of Consumer Protection Council at the Centre as well as in each state and district, with a view to promoting consumer awareness. The Central Council is headed by Minister, In-charge of the Department of Consumer Affairs in the Central Government and the state councils by the Minister In-charge of the Consumer Affairs in the State Governments. It also provides for a 3-tier structure of the National and State Commissions and District Forums for speedy resolution of consumer disputes. To provide inexpensive, speedy and summary redressal of consumer disputes, quasi-judicial bodies have been set up in each district and state and at the National level, called the District forum, the State Consumer Redressal Commissions and the National Consumer Disputes Redressal Commission respectively. At present, there are 629 District Forums and 35 State Commissions with the National Consumer Disputes Redressal Commission at the apex. NCDRC has its office at UPBHOKTA BHAWAN, F Block, GPO Complex, INA, New Delhi.1 Each district forum is headed by a person who is or has been or is eligible to be appointed as a District Judge and each State Commission is headed by a person who is or has been a judge of High court. The National Commission was constituted in the year 1988. It headed by a sitting or retired Judge of the Supreme Court of India. The provisions of this Act cover goods as well as services. The goods are those which are manufactured or produced and sold to consumers through wholesalers and retailers. The services are in the nature of transport, telephone, electricity, housing, banking, insurance, medical treatment etc. Consumer Fora proceedings are summary in nature. The endeavor is made to grant relief to the aggrieved consumer as quickly as in the quickest possible, keeping in mind the provisions of the Act which lay down time schedule for disposal of cases.

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If a consumer is not satisfied by the decision of a District Forum, he can appeal to the State Commission. Against the order of the State Commission a consumer can come to the National Commission. In order to help achieve the objects of the Consumer Protection Act, the National Commission has also been conferred with the powers of administrative control over all the State Commissions by calling for periodical returns regarding the institution, disposal and pendency of cases. The National Commission is empowered to issue instructions regarding (1) adoption of uniform procedure in the hearing of the matters, (2) prior service of copies of documents produced by one party to the opposite parties, (3) speedy grant of copies of documents, and (4) generally overseeing the functioning of the State Commissions and the District Forums to ensure that the objects and purposes of the Act are best served, without interfering with their quasi-judicial freedom.2 Consumer Protection Act provides means to protect consumers from getting cheated or harassed by suppliers. The question arises how a consumer will seek protection? The answer is the Act has provided a machinery whereby consumers can file their complaints which will be entertained by the Consumer Forums with special powers so that action can be taken against erring suppliers and the possible compensation may be awarded to consumer for the hardships he has undergone. No court fee is required to be paid to these forums and there is no need to engage a lawyer to present the case. Who is a consumer: Consumer Protection Act says that consumer means any person who (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment, and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or3 (ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment, and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person; Explanation.For the purposes of the sub-clause (i), commercial purpose does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment.

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2-1 Consumer of goods - The provision reveals that a person claiming himself as a consumer of goods should satisfy that 2-1a THE GOODS ARE BOUGHT FOR CONSIDERATION - There must be a sale transaction between a seller and a buyer; the sale must be of goods; the buying of goods must be for consideration. 2-1b ANY PERSON WHO USE THE GOODS WITH THE APPROVAL OF THE BUYER IS A CONSUMER. 2-1c ANY PERSON WHO OBTAINS THE GOODS FOR RESALE OR COMMERCIAL PURPOSES IS NOT A CONSUMER. 2-1d PERSON BUYING GOODS FOR SELF EMPLOYMENT IS A CONSUMER. 2-2 Consumer of services - A person is a consumer of services if he satisfy the following criteria : 2-2a SERVICES ARE HIRED OR AVAILED OF - It may be understood that consumer means any person who avails or uses any service. 2-2b CONSIDERATION MUST BE PAID OR PAYABLE - Consideration is regarded necessary for hiring or availing of services. 2-2c BENEFICIARY OF SERVICES IS ALSO A CONSUMER - When a person hires services, he may hire it for himself or for any other person. In such cases the beneficiary of these services is also a consumer. Complaint "Consumer dispute"4 means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint. "Complaint"5 means any allegation in writing made by a complainant that (i) an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider; (ii) the goods bought by him or agreed to be bought by him; suffer from one or more defects; (iii) the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect; (iv) a trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the price (a) fixed by or under any law for the time being in force (b) displayed on the goods or any package containing such goods ;

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CPA 1986, section 2(e) Bare Act, section 2(c)

(c) displayed on the price list exhibited by him by or under any law for the time being in force; (d) agreed between the parties; (v) goods which will be hazardous to life and safety when used or being offered for sale to the public,-(A) in contravention of any standards relating to safety of such goods as required to be complied with, by or under any law for the time being in force; (B) if the trader could have known with due diligence that the goods so offered are unsafe to the public;

CHAPTER 2: CONSUMER DISPUTE REDRESSAL AGENCIES

Establishment of Consumer Disputes Redressal Agencies6. - There shall be established for the purposes of this Act, the following agencies, namely: (a) Consumer Disputes Redressal Forum to be known as the "District Forum" established by the State Government in each district of the State by notification: Provided that the State Government may, if it deems fit, establish more than one District Forum in a district. (b) Consumer Disputes Redressal Commission to be known as the "State Commission" established by the State Government in the State by notification; and (c) National Consumer Disputes Redressal Commission established by the Central Government by notification. District Forum Composition of the District Forum7. (1) Each District Forum shall consist of, (a) a person who is, or has been, or is qualified to be a District Judge, who shall be its President; (b) two other members, one of whom shall be a woman, who shall have the following qualifications, namely: (i) be not less than thirty-five years of age, (ii) possess a bachelor's degree from a recognised university, (iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration: Provided that a person shall be disqualified for appointment as a member if he (a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the state Government involves moral turpitude; or (b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or

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CPA 1986, section 8 CPA 1986, section 9

(d) has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government; or (e) has, in the opinion of the state Government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member; or (f) has such other disqualifications as may be prescribed by the State Government. Jurisdiction of the District Forum8 (1) Subject to the other provisions of this Act, the District Forum shall have jurisdiction to entertain complaints where the value of the goods or services and the compensation, if any, claimed ''does not exceed rupees twenty lakhs. (2) A complaint shall be instituted in a District Forum 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, actually and voluntarily 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 either the permission of the District Forum is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or (c) the cause of action, wholly or in part, arises. State Commission Jurisdiction of the State Commission.9 (1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction (a) to entertain (i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees twenty lakhs but does not exceed rupees one crore; and (ii) appeals against the orders of any District Forum within the State; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State
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CPA 1986, section 11 Bare Act, section 17

Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. Appeals10Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 17 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order in such form and manner as may be prescribed: Provided that the National Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the State Commission, shall be entertained by the National Commission unless the appellant has deposited in the prescribed manner fifty per cent. of the amount or rupees thirtyfive thousand, whichever is less. Hearing of Appeal 11- An appeal filed before the State Commission or the National Commission shall be heard as expeditiously as possible and an endeavor shall be made to finally dispose of the appeal within a period of ninety days from the date of its admission. National Commission Jurisdiction of the National Commission. Subject to the other provisions of this Act, the National Commission shall have jurisdiction (a) to entertain (i) complaints where the value of the goods or services and compensation, if any, claimed exceeds rupees one crore; and (ii) appeals against the orders of any State Commission; and (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity.

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Appeal Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 21, may prefer an appeal against such order of the Supreme Court within a period of thirty days from the date of the order: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period. Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited in the prescribed manner fifty per cent. of that amount or rupees fifty thousand, whichever is less.

CHAPTER 3:

Manner in which complaint shall be made12 A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by (a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided; (b) any recognized consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not; (c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested. Appeal Any person aggrieved by an order made by the District Forum may prefer an appeal against such order to the State Commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed: Provided that the State Commission may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not finding it within that period. Provided further that no appeal by a person, who is required to pay any amount in terms of an order of the District Forum, shall be entertained by the State Commission unless the appellant has deposited in the prescribed manner fifty per cent. of that amount or twenty-five thousand rupees, whichever is less. Limitation period- (l) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. (2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (l), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:
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CPA 1986, section 12

Provid13ed that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay. What constitutes a complaint14 - Complaint is a statement made in writing to the National Commission, the State Commission or the District Forum by a person competent to file it, containing the allegations in detail, and with a view to obtain relief provided under the Act. Procedure for consumer complaint 1. One may send a notice to the opposite party mentioning a time limit to settle the grievance though it is not compulsory. 2. Prepare a complaint with the required details (as given below). 3. Get the complaint affidavit notarized through a notary. 4. Make required number of photocopies after notarizing 5. Prepare a bank draft from a nationalized Bank to pay court fee. 6. Submit the complaint and court fee to the receiving clerk in the consumer court who will give you the date for admission hearing and complaint reference number 7. On admission hearing, you would be informed whether or not your matter is admitted. If admitted you will be given the date for next hearing. 8. The court will send a notice with your complaint copy to the opposite party seeking reply within 30 days, and asking it to attend the hearing.15 9. The hearings will continue till the matter is decided. 10. A copy of the court order will be communicated to all the parties by registered post. It is important that you attend the hearings, else the matter may be decided ex parte on the merits of the case. Financial Authority16 In case where the value of goods or service is less than Rs.20 lakh, you will have to file the complaint before the District Forum. In cases where the value of goods or service involved is more than Rs.20 Lakh but does not exceed Rs.1 crore, you will have to file the complaint before the State Commission. In Cases where the value of goods or service involved is more than Rs.1 Crore, you can file a complaint before the National Commission. Territorial Authority The place where the cause of action arises as per the facts of the case, determines the jurisdiction of the complaint. This means you will need to consider the area in which the opposite party is based or carriers on its work or business.

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consumerrisking.in/ 15-10-2013/ 1:00 am R.K.Bangia, pg. 502 CPA 1986, Lmitation period, section 24(a) RATANLAL & DHEERAJ LAL, THE LAW OF TORTS, pg. 759

If someone, for instance, file a complaint against a service provider who is based or functions or has a branch office in Central Mumbai for a sum below Rs.20 Lakhs, he would need to approach the Central Mumbai District Forum for redressal. Checklist before making complaint17 (a) A cause-title i.e. The Complaint should, if possible, have a heading (b) Your name, description and address (c.) The name, description and address of the opposite party or parties (d) Facts about the complaint and when and where it arose (e) How the opposite parties are liable to be proceeded against and why they are answerable or accountable to this petition. (f) Copies of documents in support of the allegations contained in the petition. Complainants are advised to keep copies of the complaint/petition and all furnished documents for their records. A list of documents should be furnished along with the complaint, duly signed by complainant. (g) You would also need to state how the case falls within the jurisdiction of the forum / commission whether the opposite party resides or carried on business r has a branch office or personally works for gain within the jurisdiction of the forum or whether the cause of action (damaged goods or deficient service) arose within the forums jurisdiction. (h) You are also entitled to claim the cost of your complaint from the opposite party. Hence include that amount in your complaint. According to the Consumer Protection Act, 1986, you dont need a lawyer to file the petition or argue the case as you can do it yourself. Filling complaint before: District forum The procedure for filing a complaint can be made on a plain paper with the necessary particulars. You can file a petition in person or by an authorized agent, after it has been notarized, through registered post or regular post. It is important that you serve a personal or legal notice to the opposite party before filing the complaint. Required Copies: 4 Plus additional Copies for each opposite party. Jurisdiction: upto Rs.20 Lakhs Court Fee: Upto Rs.1 Lakh: NIL for those below the poverty line. Upto Rs.1 Lakh ; Rs.100 Above Rs.1 lakh upto Rs.5 Lakh: Rs.200 Above Rs.5 Lakhs upto Rs. 10 Lakhs : Rs.400 Above Rs.10 Lakhs upto Rs.20 Lakhs : Rs.500 Demand draft in favour of President, Consumer Disputes Redressal forum, (Name of) District. State commission Required Copies: 4 plus additional copies for each opposite party.
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Limitation: complaint must be filed within two years from the date of cause of action having arisen. Monetary Jurisdiction : Rs.20 Lakhs to Rs.1 Crore. It has also been provided that any person aggrieved by an order passed by the District Forum may prefer an appeal against such order to the State Commission within 30 days from the date of the order. Court Fee: Above Rs.20 Lakhs up to Rs. 50 Lakhs : Rs.2000 Above Rs. 50 Lakhs up to Rs. 1 Crore : Rs. 4000 Demand Draft in favour of The Registrar, (Name of) State commission, payable at that state only.

First appeal against district forum First Appeal can be filed against the order of any District Forum within the state with the following requisites 18 1. Documents of record with correct name of all parties and their address. 2. Certified copy of the District Forum Order. 3. Four plus additional copies for each respondent for filing an appeal. 4. Appeal to be filed within 30 days form the date of receipt of District Forum order. 5. Any conditional delay, interim orders and other petitions are to be submitted along with an affidavit. 6. Statutory Deposit: Rs.25,000 or 50 per cent of award / compensation amount which ever is less to be deposited by appellant/opposite parties. National Commission Required Copies: 4 plus additional copies for each opposite party. Limitation: Complaint must be filed within two years from the date of cause of action having arisen. Monetary Jurisdiction: above Rs. 1 crore Court Fee: Above Rs.1 Crore: Rs.5,000 Demand draft in favour of The Registrar, National Consumer Disputes Redressal Commission. Appeal against the orders of the National Commission can be filed before the Supreme Court within a period of thirty days. You may note that there is no fee for filing appeal before the State Commission or the National Commission. Joint Complaint Consumers having the same problem can join together and file a single complaint. This can be done by enclosing a petition with the complaint. This petition should just state that since the facts
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and circumstances relating to the complaint are the same and since the same relief is to be claimed for all the petitioners, they may be allowed to join and file a single complaint. Possible Redressal Depending on the nature of relief sought by the consumer and facts, the redressal forums may give orders for one or more of the following relief: (a) removal of defects from the goods (b) replacement of the goods (c) refund of the price paid (d) award of compensation for the loss or injury suffered (e) removal of defects or deficiencies in the services (f) discontinuance of unfair trade practices or restrictive trade practices or direction not to repeat them. (g) withdrawal of the hazardous goods from being offered for sale or (h) award for adequate costs to parties.

COMPLAINT FORM19 (Form for complaint under the Consumer Protection Act 1986) In the complaint case no.. Before the Honble District Forum.. or Before the State Commission. or Before the National Commission.. Complaint No.of.... In the matter of .... Name & address of complainant/complainant.... Versus Name & address of opposite party/parties. I/we, the above named complainant/complainants respectfully state before the Honble Forum/Commission the complaint as follows: It is therefore prayed (i) That opposite party be directed to refund the amount paid by the complainant to the tune of Rs (ii) Complainant may please be compensated to the tune of Rs..for
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eHIMAPURTI / 16-10-13/ 10:48 am

the mental agony and harassment caused to him/her in the due course (iii) Cost of litigation may also be awarded suitably.

Signature of Complainant Place:... Date:.. (Name of Complainant)

Verification I..S/o..aged..the above named complainant do hereby solemnly declare that the particulars stated above are true to the best of my knowledge and belief and nothing has been concealed therein. I further
certify that annexure I,II and III appealed to the complaint are the true copies of original documents.

Verified at..this day of (a)Annexure I Signature of Complainant (b)Annexure II (c)Annexure III (Name of the complainant/Deponent)

CONCLUSION
Consumer Protection Act 1986, was enacted as comprehensive legislation by the Govt. to safeguard the interest of the consumer. This is the only of its kind of act in India with so much of effectiveness. The level of awareness of the consumer was abysmal as prior to this enactment there was no exclusively legislation for actually safeguarding the interests of a consumer, but the scenario has changed after the introduction of this Act. This has provided the consumer a perfect platform for redressal of their issues. Though there has still been lack of vigilance among consumers but this Act has provided consumers to seek redressal against manufacturer, traders, of goods and providers of various types of services. References
1. www.ncdrc.nic.in 2. www.consumerrisking.in 3. ehimapurti

Bibliography Law of TORTS, Dr. R.K Bangia Law of TORTS, Ratanlal & Dheerajlal Consumer Protection Act 1986 Bare Act

Law of Torts Project Procedure For Filling Complaint In Consumer Forum

CHANAKYA NATIONAL LAW UNIVERSITY

SUBMITTED TO : Mr. Harish Salve

SUBMITTED BY : Amit Kumar ROLL NO. : 1007, 1st SEMESTER , BBA.LLB

AIMS AND OBJECTIVE:
The researcher aims to 1. Study Consumer Protection Act 1986. 2. Study the procedure of filling complaint in consumer forum.

Hypothesis
The researcher hypothesizes that Consumer Protection Act 1986 has established a benchmark in settling consumer grievances. Though there is still lack of awareness among the consumers about this act and their rights who need to be educated.

Research Methodology
As the research work of the researcher for this topic is confined to the library and books and no field work has been done. Hence , researcher in his research work has opted the doctrinal methodology of research .For doing the research work various sources has been used . Researcher in the research work has relied upon the sources like various books and online materials is also helpful source for the research .

Acknowledgement The present project on the Procedure for filling Complaint in Consumer Forum has been able to get its final shape with the support and help of people from various quarters. My sincere thanks go to all the members without whom the study could not have come to its present state. I am proud to acknowledge gratitude to the individuals during my study and without whom the study may not be completed. I have taken this opportunity to thank those who genuinely helped me.

With immense pleasure, I express my deepest sense of gratitude to Mr. Harish Salve sir, Faculty for Law of TORTS , Chanakya National Law University for helping me in my project. I am also thankful to the whole Chanakya National Law University family that provided me all the material I required for the project. Not to forget thanking to my parents without the co-operation of which completion of this project would not had been possible.

I have made every effort to acknowledge credits, but I apologies in advance for any omission that may have inadvertently taken place.

Last but not least I would like to thank Almighty whose blessing helped me to complete the project.

Table of Content 1. 2. 3. 4. Introduction Understanding Consumer Protection Act & Definition Consumer Dispute Redressal Agencies Manner of filling complaint in Consumer Forum & Checklist of requirements 5. Form of Consumer Consumer complaint 6. Conclusion page 1 2-5 6-9 10-14 14-15 15-16