Consumer Protection in India: What are the Particulars to be Furnished Along with a Complaint?

When filing a complaint under the Consumer Protection Act, 2019, it is essential to provide certain particulars to ensure that the complaint is properly considered by the relevant Consumer Forum. These details help establish the facts of the case and support the consumer’s claim for redressal.

Particulars to be Furnished Along with the Complaint:

To initiate a consumer case, the following particulars must be included in the complaint:

1. Name and Complete Address of the Complainant: The complainant must provide their full name, address, and contact details. This information is crucial for the Forum to identify and correspond with the complainant.
2. Name and Complete Address of the Opposite Party/Parties: The complaint must specify the details of the opposite party or parties (such as the seller, service provider, or manufacturer) involved in the dispute. This enables the Forum to notify the other party and facilitate the resolution of the case.
3. Date of Purchase or Availing of Services: The date on which the goods were purchased or the services were availed must be mentioned. This helps in determining the timeline of the dispute and the cause of action.
4. Amount Paid for the Goods or Services: The amount paid by the complainant for the goods or services must be clearly stated. This will help in assessing the value of the claim.
5. Particulars of Goods Purchased or Services Availed: Provide detailed descriptions of the goods or services in question, including product numbers, specifications, or service details. This information ensures that the complaint is specific and accurate.
6. Details of the Complaint: The complaint must specify the nature of the grievance, whether it concerns:
   • Unfair Trade Practices
   • Defective Goods
   • Deficiency in Service
   • Excessive Charges or Overpricing

   The complainant should clearly mention what issue they are raising to ensure that the correct remedy can be sought.

7. Supporting Documents:
   • Bills/Receipts: A copy of the purchase receipt or bill should be included as evidence of the transaction.
   • Copies of Correspondence: Any communication between the complainant and the opposite party (such as emails, letters, or messages) related to the dispute should be attached. These documents help substantiate the consumer’s claims.
8. Relief Sought: The complainant must clearly specify the relief or compensation they are seeking, such as a refund, replacement, repair, or compensation for damages suffered due to the goods or services.
9. Signature of the Complainant or Authorized Agent: The complaint must be signed by the complainant or by their authorized representative. If someone is filing the complaint on behalf of the consumer, they must provide proof of their authorization.

Time Limit for Filing a Complaint

A complaint must generally be filed within two years from the date when the cause of action arises. This could be the date on which the consumer encounters a defect in goods, a deficiency in service, or any other issue covered under the Consumer Protection Act.

Exceptions for Filing After Two Years:

If the complainant is unable to file the complaint within two years, they can still file a complaint beyond this period if they can demonstrate sufficient cause for the delay. This means that if the complainant can show that there were valid reasons for not filing within the prescribed time, the District Forum, State Commission, or National Commission may allow the complaint to be entertained. However, the complainant will need to present valid and convincing reasons for the delay.

Conclusion

Filing a consumer complaint under the Consumer Protection Act requires accurate and complete information to ensure that the case is heard and resolved in a timely manner. The particulars mentioned above help in providing clarity, supporting the claims, and enabling the concerned authority to take prompt action.

If you are facing issues related to defective goods, poor services, or unfair trade practices, Legal Light Consulting offers expert services for filing your consumer case and sending the necessary legal notice. With professional guidance, you can navigate the complexities of the consumer protection system and secure justice for your grievance.

Contact Legal Light Consulting today for assistance with filing your consumer case and ensuring your rights are protected.