My post on How to file a consumer court complaint (in Bangalore) is a hit in terms of number of daily visitors reading that post, and more importantly the number of comments and queries by email it gets, almost every day. Though most of the comments and queries are from Bangalore, quite a few are from other cities with some connection to Bangalore, for example, either the complainant or the company (opposite party) being in Bangalore. My estimate is that 20-30 people have actually filed consumer court complaints in Bangalore based on this post and sample/template/format of consumer forum complaint. One person also filed a complaint in Gurgaon based on information given in various posts and comments. So my guess is that there is no rocket science involved here, if one person can do it, anyone can!
So I will be giving information below based on what’s been working for lot of people who filed consumer complaints in Bangalore, and it’s been tested on the ground, so it should work as well in Delhi or any other city. The Consumer forums are all the same in every city, and if at all there are any minor differences in procedures, it may be in the Consumer Rules for a particular state which I will cover below based on information gleaned from Official consumer forum websites of Delhi.
To start with, the same guidelines apply as I had mentioned in my original post on how to file consumer complaint in Bangalore. These are quite important so I will reiterate them again below, because I won’t have the time to handle all the emails and comments anyway.
You must try some of the easier solutions before thinking of consumer court
Have you read the alternatives to consumer complaint post?
Answer: No. Please go back and read it. This article is meant to handle more serious consumer issues which can’t be resolved by simpler techniques.
Answer: Yes. And have you already tried those solutions? Or you don’t think your case can be resolved by those? This means your case should be serious enough and it can’t be fixed by simpler techniques like online complaint at government of India portals for consumers, complaint to banking ombudsman etc. If so, read the full article below (and the comments) on how to file complaint to consumer court in India.
Did you try filing online complaint at National Consumer Helpline or call their national toll free 1800-11-4000?
Answer: No. Filing consumer complaint is more laborious than filling an online complaint or making a phone call. So my sincere advice don’t waste anymore of your time reading what follows, unless you are sure they cannot help you in anyway.
National consumer helpline works! They are a govt website/toll-free number to help consumers resolve their consumer related issues. I have recently filed 2 complaints with them online and both the times the website worked without issues (unlike http://core.nic.in). I had even received callback from them and they gave suggestion on how to proceed on my complaint against Deccan Herald.
OR call their National Toll Free No 1800-11-4000
Maybe you tried but none of the above alternatives worked for you, so now it’s time to file a consumer forum compliant.
How much compensation to ask for in consumer complaint
The basic rule would be:
1. Ask for cost of the product/service deficiency. For a defective mobile purchased for 10,000 it could be up to 10,000 depending on severity of the defect. For a property builder not returning the funds and not delivering the property either, it would be the funds plus interest on those funds.
2. Add compensation/penalty for mental harassment, time wasted in follow up, and so on. I recommend minimum Rs 20-30,000 for most of routine kind of consumer complaints. For property builders of course, the amount of penalty asked has to be much more.
How to find if your jurisdiction lies in Delhi/New Delhi
If you bought a product/service in Delhi whether offline or online, then a consumer complaint can be filed in Delhi against a company which either has a head office or even a branch office there. Basically if someone is conducting business in Delhi, you can file complaint against them there. This would also include E-Commerce companies since they may have headquarters in one city, but they will be doing business in practically any large town/city, so by default Delhi will get included as their area of operation/sales because if you are not selling it to Delhi-wallahs, who exactly are you selling it to! Now I give the Section 11 (and maybe a headache) from Consumer Protection Act below which explains jurisdiction, to assuage the feelings of anyone who might have a doubt that I am making all this stuff up:
11. Jurisdiction of the District Forum
(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 2[does not exceed rupees 3(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 2[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 2[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 2[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.
Format/sample/template of consumer court complaint for Delhi
Voila! We already have a successful template being used for Bangalore consumer courts, and what can be better than modify it to use it for Delhi. Just take the template given at link below and modify the places at top replacing Bangalore consumer forum with Delhi consumer forum. At the end of complaint, change the place Bangalore to Delhi. Can it get any simpler, people!
How many copies, and where to file?
Here is where official website of Delhi State consumer forum come to our rescue. I am copying the relevant information from their page below:
Along with the complaint, the complainant is required to file copies of supporting documents, i.e., cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official purpose plus copies for the number of Opposite Parties.
The complaint should be filed along with fee in the form of Postal Order/ Demand Draft according to the amount of compensation claimed.
The complaints can be filed at the Filing Counter of the State Commission on every working day from 10.30 a.m. to 1.30 p.m. It is necessary for the person filing the complaint to get an acknowledgement indicating the date of filing the complaint, so as to show the Commission that the same has been filed within the period of limitation in terms of the provisions contained in the Act.
Though above site tells to make 3 copies of complaint, I would suggest to make 4-5 copies, because you will need a copy for yourselves, won’t you? The place of filing of complaint is mentioned as State commission, but that would be true for State commission complaints only (more than 50 lakh claim), so I suggest to call up the numbers of district forums given below and confirm with them about the exact place to file complaint at.
How much is the amount of draft/fees?
The hard work has already been done by Delhi state consumer forum, so I give the links to official sites:
Most of the cases I see are for complaints having claim value less than Rs 1 lakh (and the complaints are not below poverty line), so Rs 100 is the most likely fees which will need to get paid by demand draft.
Where will my consumer court be located?
For some reason, the website design of Delhi State consumer forum is inspired from state of the art dating back to late 1990s — looking at the background colours and the embedded frames. Embedded frames means I can’t give a link to the actual page easily. So you need to go the the main site below, and then click on the left menu button “District Forums” which will give you the list of District forums in Delhi, along with the areas they cover.
On another site operated by Food and Supplies Department of Delhi govt, the list of district forums is eleven:
I hope most of the information in above 2 webpages is identical. The location of your district forum will give you a clear idea of how much legwork may be required should you file a complaint and it goes to trial.
For more information, don’t hesitate to call the numbers at the various district forums above. They are meant to help consumers, and I can say with experience that the Bangalore consumer forums and administrative staff is quite efficient and helpful without showing any signs of often expected laziness and hostility from bureaucracy. In any case, with AAP government having come to power, you can always do your own private sting operation and record it in your mobile should any consumer forum official try to act smart with you
Regarding other points as to what will happen once I file my complaint, when will my case get called for first hearing, what to expect at first hearing etc; the old-and-gold post already covers these points so you can refer to them.
Ankur Aggarwal (+91-8554867255) says
I reside in Gurgaon and I purchased a car from Hemkund Ford Delhi on 26th December and the car was already driven 300 kms. I did not check it at the time of delivery. I raised the issue with the company and the complaint was closed giving the false reason that the dealer informed the customer earlier and offered me 2 free services as a goodwill gesture which I never accepted. I have the call recordings where the salesperson and the manager admitted that they did not tell earlier.
Now on 1st July, the car cabin started smelling extremely of petrol fumes. I gave the car to the service center Harpreet Ford Gurgaon and they said that we have faced this issue with other cars as well and will need to replace an XYZ part. They kept the car for a month and when they could not solve the issue they started telling that the issue is resolved and there is no fuel smell. I drove the car with a random customer from their service center and he also observed the smell. They still denied that there is any smell and delivered the car to me on 14th August. I have all the communication on the mail. After that I took the car to another service center Tanish Ford Gurgaon on 17th Aug and they accepted that there is fuel smell in the car and took the car for the repair. The car is still with the service center. This is a short version of a very long story of how I have been harrassed by them. Even the people from the corporate office are involved in the scam including the President and Regional Service Manager. It seems that there is some manufacturing defect that they have not been able to detect or they do not want to fix.
Please guide me what I should do next.
The issue is with quality of product and responsibility of fixing it lies with manufacturer. So you will have to complaint to Ford directly and if it is not fixed, complaint lies against Ford as Opposite Party No 1. The service centres may need to be made as Opposite Parties 2 onwards, since the allegations will be made about them too in the complaint, so their say will be needed in the case to confirm/deny etc.
The issue of car being driven for 300 km at time of delivery can also be put in the complaint, which can strengthen the complaint but the core issue is still the product quality.
Niranjan Mania says
Thanks for the post. I have purchased a car(Baleno) from NEXA,Green Park show room but they billed it from their Meerut branch. The dealer sold the car with trade certificate and unregistered.
I faced a minor accident and claim the insurance. The insurance claim rejected due to unregistered but the service centre mislead me hiding the fact and repair the car before insurance confirmation.
Now I have to pay RS. 25,000/- for the repairing the car.
Can I file a case in consumer forum?
Against which should I file the case?
Where should I file the case? Delhi or Meerut?
I live in Delhi and car billed to Delhi address from Meerut address.
Vehicle cannot be sold without insurance normally, don’t know how it was done in your case. The cost of vehicle will include insurance cost in breakup too. Check that invoice/bill.
I am not sure without looking at all details, but since it was bought from a showroom with Delhi address, you should file in Delhi forum against that Green park showroom address.
Chanchal Sharma says
Hi there, your post is so helpful. I have a question as i want to flie a complaint against indian railways for wrongly deducting my money for a ticket which i cancelled because i got a sms from irctc on 1st sep stating that the train in which i suppose to travel on sep 2nd has been cancelled due to some unavoidable circumstances. In such case we get full refund but i only got half of the amount as they deducted the clerical charges. I just wanted to ask you as the ticket was booked for my father and mother , can i file the complaint on my name as my father has some health issuea and he can not go for hearings. Is it possible , if i can file the compkaint on my name only?
Your father and mother have to be complainants but you can be authorized representative for them. I guess an authorization letter from them should do, but whether it has to be in form of an affidavit is something you will need to confirm with consumer forum number provided in article. (Cauvery Bhavan building 8th floor)
liked your post and will certainly help many of us consumers. keep up the good work.
Hello Videv sir,
After filing a complaint against the OP, the OP never responded or showed up even for a single date in the district forum. They seemed to show that no matter what we do they will not refund the advance they had taken in lieu of the services we had paid for, but not provided..
However after almost 1 year and 6 months, the court (after making the OP ex-parte a few months back), the court has given its order and had directed the OP to refund the advance with interest.
The order was recived by us on 4th Nov 2016 and the order stated that the OP needs to pay up within 30days of receiving the order. Assuming that the OP would have also received the order copy by now (Both me and OP are in NCR).
But as expected and as has always been the case till date, OP has neither contacted us nor couriered the advance cheque.
What options do we have now? The court order states that the case will be put into files now.
What should I do? How do I get the OP to pay up?Should I contact the OP ? Or Will the district forum help me? OR what can I do now to get my advance money back?
You have to file for execution of the order to consumer forum. The consumer forum administrative staff could help with the format or try finding it online. It is a formal procedure to ask court to enforce court order or else they have power to send the OP to jail etc. I will make a post about it sometime on the site.
praveen teja says
Heloo mam dis is praveen i have told u dat shopqiker has mailed me dat u will get refund in june itself but upto nw i didnt get my refund i have paid mny in march 28th since it has been 4 mnths cmpletly i didnt get my mny back how many tmes i wanna ask them they are not responding to me so am giving complaint to u plz take an action on them and make my refund process fastly thanqing u mam
Thanks. I have fixed the URL now. Basically the good old post refers to: https://deveshwar.in/how-file-consumer-court-complaint-bangalore/
Thanks for the amazing post. It is really very helpful – all the information needed has been concisely captured and consolidated at one place.
However, in the last section,
“Regarding other points as to what will happen once I file my complaint, when will my case get called for first hearing, what to expect at first hearing etc; the old-and-gold post already covers these points so you can refer to them.”
The link “old-and-gold post already covers these points” is not working. Could you please help check.