Page 166 - DCOM103_COMMERCIAL_LAW

Unit 16: The Consumer Protection Act

16.3.2 Where to file a Complaint? Notes

1. If the value of the goods or services and the compensation, if any, claimed does not exceed

rupees twenty lakhs, then the complaint can be filed in the District Forum within the local
limits of whose jurisdiction the opposite party actually resides or carries on business or has

a branch office or personally works for gain or where the cause of action, wholly or in part,
arises (Sec.11).
2. If the value of the goods or services and compensation, if any, claimed exceeds rupees
twenty lakhs but does not exceed rupees one crore, the complaint can be filed before the

State Commission (Sec.17).

Where a joint petition is filed on behalf of a large number of victims, it is the total amount
of compensation claimed in the petition (and not the individual claims) that will determine
the question of jurisdiction. In case the total compensation claimed exceeds, presently,
`20 lakhs but does not exceed Rupees one crore, the matter can be heard by the State
Commission [Public Health Engineering Department v Uphokta Sanrakshan Samiti
(1992)].

The State Commission shall also have the jurisdiction to entertain appeals against the
orders of any District Forum within the State. (Sec.17).
3. If the value of goods or services and the compensation, if any, claimed exceeds Rupees one
crore, complaint can be filed before the National Commission. The National Commission

shall also have the jurisdiction to entertain appeals against the orders of any State
Commission [Sec.21].

16.3.3 How to file a Complaint?

There is no fee for filing a complaint before any of the aforesaid bodies. The complainant or his

authorised agent can present the complaint in person. The complaint can also be sent by post
to the appropriate Forum/Commission. The complaint should be addressed to the President
of the Forum/Commission. 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, as the case may be, as far as they can be ascertained; (c) the facts relating
to complaint and when and where it arose; (d) documents, if any, in support of the allegations
contained in the complaint; (e) the relief which the complaint is seeking.

16.3.4 Procedure on Admission of Complaint (Sec.13)

1. Procedure in respect of goods where the defect alleged requires no testing or analysis:
(i) Refer a copy of the admitted complaint within 21 days from the date of its admission
to the opposite party mentioned in the complaint directing him to give his version of
the case within a period of 30 days or such extended period not exceeding 15 days,
as may be granted by the District Forum.

(ii) Where the opposite party, on admission of a complaint referred to him under (a)
above, denies or disputes the allegations contained in the complaint, or omits or fails
to take any action to represent his case within the time given by the District Forum,
the District Forum shall proceed to settle the consumer disputes in the manner
specified in clauses (c) to (g) hereunder.

2. Procedure in respect of goods where the defect alleged requires analysis or testing:

(i) Where a complainant alleges a defect in the goods which cannot be determined
without proper analysis or test of the goods, the District Forum shall obtain a
sample of the goods from the complainant, seal it and authenticate it in the manner

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