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While filing a complaint in the consumer forum West ,it is essential that the aggrieved consumer must check and verify that the consumer forum West has jurisdiction over the issue .A jurisdiction is the Technical legal issue and filling a complaint in the forum which does not have a jurisdiction lead to rejection of complaint.

Before Approaching the Consumer Forum in West ,you should know


Consumer Consumer organisation Representative of many consumers Central and State Governments
A consumer is identified as one who buys goods or services for self-consumption and not for any trade purpose, such as resale or any other commercial purpose. Therefore, this definition, does not apply for Traders, Manufactures and value-added resellers.
Manufacturers/ providers of goods and services, value adders, retailers and Traders. But it should be noted that a consumer complaint cannot be filed against providers of free goods and services.
The bench at the District forum and State Commission consists of a President and two nominated members, male and female. The President of this forum is usually a District or High Court Judge. The decision of these members is final. The National Commission has five member bench, the president being a Supreme Court Judge, and four other members, one of them being a nominated lady member.
The Consumer Courts do not charge any Court fee. Like in the usual case, the complainant can appear himself, through a lawyer or a registered consumer protection organisation. Under the Consumer Protection Act, the cases received by these courts are solved / disposed within three months of receiving the complaint
Basic Needs: The right to basic goods and services which guarantee survival: adequate food, clothing, shelter, health care, education and sanitation. Safety: The right to be protected against the marketing of goods or the provision of services that are hazardous to health and life. Information: The right to be protected against dishonest or misleading advertising or labelling, And the right to be given the facts and information needed to make an informed choice. Choice: The right to choose products and services at competitive prices with assurances of satisfactory quality. Representation: The right to express consumer interests in the making and execution of government policy. Redress: The right to be compensated for misrepresentation, shoddy goods or deficient or unsatisfactory services. Consumer Education: The right to acquire the knowledge and skills necessary to be an informed consumer. Healthy Environment: The right to live and work in an environment which is neither threatening nor dangerous and which permits a life of dignity and well-being.
Collect all the relevant documents relating to the complaint, such as, guarantee card, receipt, terms of agreement, cutting/clipping of the advertisement, bills, any other correspondence like letter of acknowledgement. Write to the opposite party stating your complaint. Give them 10 – 15 days to respond to your letter. Complainant should not part with these documents unless the court asks for it. A. The Necessary Information That A Complaint Should Have A cause- title before the main heading. e.g. Before the District Forum at Madras. A ........ Complainant Vs Y Co ........ Opposite Party ? The complaint should, if possible, have a heading e.g. 'complaint under Section 12(a) of the Consumer Protection Act'. The name, description and address of the complainant and the opposite party (ties) The facts relating to the complainant such as when and where it arose Why is the opposite party answerable or accountable to you? State how the case falls within the jurisdiction of the tribunal – whether the opposite party( isn't there a better term for this?) resides/ carries on business/ has a branch office/ personally works for gain within jurisdiction of the forum/ whether the cause of action started within the Forum's jurisdictions. Copies of all documents relating to the complaint duly signed by you **
B. Nature Of Compensation Expected Rectification of a defect or deficiency in goods or services Damages and costs of filing the complaint If consequential damages have to claimed for negligence, then: Negligence must be clearly alleged, defined and established to get compensation under Consumer Protection Act. Compensation may also be sought on account of consequential damages, in spite of the fine print in many contracts, that the seller is not responsible. There is no ceiling on compensation claimed, but it has to be in proportion with the loss or injury suffered. (the forum where the complaint is to be filed depends on the amount of compensation claimed, refer- point/ qn no? ) More relief can be claimed after the amendment. To remove the defects or deficiencies in the services in question To discontinue the unfair trade practice or the restrictive trade practice Not to offer the hazardous goods for sale Cost of your complaint can also be included in the compensation claimed
Consumer complaints can be filed according to the value of the compensation required. If the value is up to Rs.20 lakhs - District forum Value between Rs. 20 lakh to Rs. 1 crore - State Consumer Disputes Redressal Commission Value above Rs.1 crore - National Consumer Redressal Commission, New Delhi.
After considering the points / questions (so & so numbers). The below mentioned procedure has to be followed for filing a complaint in District Forum or State Commission. The complainant can present his / her complaint in person or by his / her authorised representative to the District Forum/ State Commission. This complaint can be sent by registered post ** (to the respective forum) 5 copies of the complaint have to be taken. One for each member (3), one for the opposite party. And one copy for you. An additional copy for each opposite has to be filed ** Retain your copy while filing the complaint. The complaint has to be signed by the complainant. Or any authorised person can do the same with an authorisation letter.
The time frame is within two years of receiving the last correspondence, letters, notices, acknowledgement etc. What Do You Do If The Case Is Decided Against You? There is always an option of appealing to the higher court. The time frame for it being, appeal to the State Commission with in 30 days against order of District Forum. The same applies to each level.
Sellers do not have to refund your money just because you change your mind or if you damage the goods yourself. They do not have to give you a refund if you knew, or should have known, about the fault when you bought the goods. For example, obvious faults in goods marked as 'seconds'.
Think about what you want the product to do Shop around for the best deal Compare quality and price Ask for advice Inspect goods carefully Keep all invoices, dockets and receipts. If things go wrong inspite of the precautions, be sure you did not cause the faults. Stop using the faulty goods. Let the seller know as soon as possible. Return the faulty goods as soon as you can or, if they are too large to handle, write to the seller. Give details of the fault and what you want to do about it. Take proof of purchase with you, for example, a receipt or a credit card slip. Ask to see the manager or the owner. Often you can settle things then and there. If you can't see someone in authority, write a letter. Explain the problem calmly and clearly. If you leave the goods with the store, make sure you get a receipt. Make sure you look after the goods while they are still in your care.
If you and the seller cannot agree, seek advice from some consumer organisations. If there is not much money involved, you could go to your local customer courts or small causes court. If there is a fair amount of money involved, you might prefer to get advice from a lawyer or a relevant organisation, for LIKE www.harassed.in . Your last resort is to go to Court.
If the goods you buy: Have some basic, serious fault you could not have known about, when you bought them, for example, a heel should not come off your shoe the first time you wear it: Does not perform the job that you were made to believe it would, for example, if the glue shop told you that the glue would fix plastic and it only fixes wood: Are not what they are described as, for example, shoes with plastic soles should not be called 'all leather shoe' The goods do not match the sample you were shown. These are your rights as a consumer. They cannot be taken away or voided by any other guarantee or warranty offered with the goods. So do not give up, if a seller tries to tell you that your warranty has run out and you do not have any more rights. The seller may offer to repair the goods or exchange them. But you have a right to insist on a refund, if that is what you want. Services In some workshops, or on some services dockets or tickets you may find signs or statements like: No responsibility for loss or damage; 'goods left for repair at your own risk'; or 'All care but no responsibility taken'. These signs are misleading. You must be compensated for services that are not carried out with due care and skill, for example, carpet cleaners are responsible for making sure your carpet does not shrink or your furniture is not damaged. Repairs or services must be carried out professionally using the right materials. You may also have a right to compensation for any loss or damage caused by faulty goods and services. And also remember You have to report the fault or take goods back as soon as possible. If the goods were bought on hire purchase, you can only ask for a refund of your deposit, any trade- in value, any payments you have made and cancellations of balance outstanding on those goods. If you have already had a fair bit of use from the goods, you may only have a right to part refund, or repair.
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