RULES

PECUNIARY JURISDICTION
As per Section 11 of the C.P.Act the District Forum shall have the jurisdiction to entertain complaints when the value of the goods or services or the compensation, if any, claimed does not exceed rupees twenty lakhs.

As per Section 15 of the C.P.Act 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.

As per Section 17(1)(A)(i) of the C.P.Act 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 shall be filed at State Commission.
TERRITORIAL JURISDICTION :
A complaint shall be instituted in a District Forum/ State Commission within the 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/State Commission is given or the opposite parties who do not reside or carry on business or have a branch office or personally works for gain, as the case may be acquiesce in such institution or
c) the cause of action wholly or in part, arises,

LIMITATION PERIOD
As per Section 24A(1) of the C.P.Act, 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.

As per Section 24A(2) of the C.P.Act, a complaint may be entertained after the period specified in sub-section(1), 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.
V HOW TO MAKE COMPLAINT
Complaint shall be made by the complainant as defined in Section 2(1)(c) and (d) of the C.P.Act, 1986 in the format at Annexure ‘A’ (checklist for complaint is at Annexure ‘B’).

Aggrieved person may also prefer an appeal in the format at Annexure ‘C’ (Checklist for appeal is at Annexure ‘D’) as per Section 15 of the C.P.Act. While filing the appeal aggrieved person or appellant should submit the appeal along with the demand draft for the 50% of the amount to pay any amount in terms of an order of the District Forum or twenty five thousand rupees, whichever is less.


Please verify Annexures A,B,C,D

   ANNEXURE-A

 

BEFORE THE CONSUMER DISPUTES REDRESSAL DISTRICT FORUM/STATE COMMISSION/ NATIONAL COMMISSION

Name & Address: - - - - - - - -- - - -- - - - - - -- - - -- - - -- - - - -- - - - - -- - - - - - -- - - - - - -

 

                                    COMPLAINT. NO..- - - - - - - - -- of - - - - - - -

 

Complainant/s

 (Name and Address with fax No.,)

 

 

 

 

 

 

-         Versus -

Opposite Party/Respondent/s

 (Name and address with fax No.)

 

 

1.      Facts of the case

 

2.    Amount of fee of the complaint paid by way of court fee stamp

 

3.      Prayer

(Specific relief Prayed for should be mentioned)

 

Place:

Date:                                                                     Signature of the complainant.

 

 

                                                     VERIFICATION

 

                      I ____________________S/o or D/o W/o aged ________ solemnly declare that the facts mentioned above are true to the best of my knowledge.

 

Place:

 Date:         

                                                                                    Signature of the Complainant.

 

 

Initials of the person who

is empowered to scrutiny

and receive the Complaint.

                                                            

 

 

 

 

ANNEXURE-B

 

BEFORE THE CONSUMER DISPUTES REDRESSAL DISTRICT FORUM/ STATE COMMISSION/ NATIONAL COMMISSION.

 

Name and Address - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - -

                         Scrutiny (CHECK LIST OF REQUIREMENT)

Case Type   Complaint      Case No.                            Case Year

                                    Complainant:

                                                V/s

                                    Respondent/s:

 

1

Whether the complaint is signed and duly verified by the complainant?

Yes/No

2.

In case a complaint is filed by a Firm or company incorporated under companies Act, whether it is filed by a person duly authorised to sign the complaint on behalf of the complaint

Yes/No

3.

If filed by an agent or Authorised Representative, Whether letter of Authorization or power of Attorney authorizing such person to appear and argue the case on behalf of complainant is filed?

 Yes/No

4.

If filed by an advocate, whether Vakalathnama duly signed by the complainant and accepted by the advocate is filed?

Yes/No

5.

Whether the required number of copies for the use of office, President and Members and for supplying to all the parties are furnished?

Yes/No

6.

Whether all the pages are serially numbered and annexure marked either alphabetically or with consecutive numbers in a distinctive manner.

Yes/No

7.

Whether English translation of documents written in vernacular language are supplied along with original documents?

Yes/No

 

8.

Whether the complaint is filed within the period of limitation?

Yes/No

9.

If not whether an application for condonation of delay is filed.

Yes/No

10.

Whether the complete address of parties for service of process etc., are furnished  in the cause title of the complaint?

Yes/No

11.

Whether the claim is within the pecuniary jurisdiction of the State Commission?

Yes/No

12.

Whether the claim is within the territorial jurisdiction of the State Commission ?

Yes/No

13.

Whether the required stamp are affixed on the Vakalathnama/

 

Yes/No

 

            `                                                                       Signature of the Employee who is

                                                                                    Empowered by C D R Agency

 

 

 

 

 


ANNEXURE-C

 

 

BEFORE THE CONSUMER DISPUTES REDRESSAL DISTRICT FORUM/STATE COMMISSION/ NATIONAL COMMISSION.

 

Appeal No.  -------------------

 

Appellant/s

(Name and address with fax No.)

 

 

 

                                    V/s

 

 

Respondent/s

(Name and address with Fax No)

 

          Brief:      1) Facts of the case.

 

 

                         2) Grounds for appeal

 

 

                        3) Certificate regarding depositing the 50%

                            of the awarded amount or amount as per the

     provisions of the section 25 of the CP Act

    at lower forum.

 

 

 

4) Prayer

 

 

                                                                           Signature of the Appellant or

                                                                           Advocate for Appellant, or Authorised

                                                                           Agent/representative.

 

Place:

Date:

 

 

ANNEXURE-D

 

BEFORE THE CONSUMER DISPUTES REDRESSAL DISTRICT FORUM/ STATE COMMISSION/ NATIONAL COMMISSION.

 

Name and Address - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - -

 

                         Scrutiny (CHECK LIST OF REQUIREMENT)

 

Case Type   Appeal      Case No.                     Case Year

                                    Appellant

                                                V/s

                                    Respondent/s:

 

 

 

   1  

Whether an appeal filed is within the period of limitation

Yes/No

   2  

If not, whether an application for condonation of delay is filed along with an affidavit assigning sufficient cause for the delay

Yes/No

   3  

Whether the certified copy of the impugned order against which an appeal or petition is filed

Yes/No

   4  

Whether the appeal memo or petition is/are signed by the Appellant or Petitioner

Yes/No

   5  

If signed by the Authorised representative or PA Holder Whether letter of Authority or Power of Attorney is filed

Yes/No

   6  

If signed by the Advocate, Whether Vakalatnama is filed

Yes/No

   7  

Whether the required number of copies for the use of office, President and Members and for supplying to the Respondents are furnished

Yes/No

   8  

Whether all the pages are numbered serially and annexures are marked properly

Yes/No

   9  

Whether the documents which are not in the language of the Commission are produced. If so, whether the copies of the documents translated in the language of the court are supplied along with the said documents

Yes/No

   10  

Whether the Vakalatnama is duly stamped as required

Yes/No

 

Initials of the employee who is empowered

To scrutiny and receive the Appeal.


 


CITIZEN CHARTER