What Do I Put In My Complaint ? Is There A Fee For Filing A Complaint ? Is There Any Time Limit For Filing A Complaint ?
A) Your complaint has to be clear ,definite and precise. All your facts and documentation must be in order. You will have to include –
(a) A cause-title.
(b) The complaint should, if possible have a heading
(c) The name, description and address of the complainant.(your name)
(d) The name, description and address of the opposite party or parties as the case may be, so far as they can be ascertained.
(e) The facts relating to the complaint and when and where it arose.
(f) How the opposite parties are liable to be proceeded against and why are they answerable or accountable to this petition.
(g) Copies of documents in support of the allegations contained in the petition. Complainants are advised to keep copies of the complaint / petition and all furnished documents for their records. A list of documents should also be furnished along with the complaint, duly signed by you.
(h) You would also need to state how the case falls within the jurisdiction of the tribunal-whether the opposite party resides or carries on business or has a branch office or personally works for gain within the jurisdiction of the forum or whether the cause of action (damaged goods or deficient service) arose within the Forum’s jurisdiction.
(i) You are also entitled to claim the costs of your complaint from the opposite party. Hence include that amount in your complaint.
Q) Is There A Fee For Filing A Complaint ?
A) Under the original un-amended Act of 1986, no requirement of payment of Court-fee or any other formal procedure of Court was contemplated. However, after the amendment of 2002, there is a nominal fee you may have to pay for filing a complaint. For example in the District Forum located in Delhi the fee structure is as follows –
1. Up to 1 Lakh – Rs.100
2. 1 Lakh & above but less that 5 Lakhs – Rs.200
3. 5 Lakhs & above but less that 10 Lakhs – Rs.400
4. 10 Lakhs & above but less that 20 Lakhs – Rs. 500
You will have to pay the specified fee in the form of a crossed demand draft drawn on a nationalized bank or through a crossed Indian Postal Order in Favour of the Registrar of the State Commission & payable where it is situated. The concerned District Forum shall deposit the amount so received.
Q) Is There Any Time Limit For Filing A Complaint ?
A) Yes, the time limit is within two years from the date on which the cause of action arises. This would mean two years from the day the deficiency in service or defect in goods has arisen/detected.
Q) Can This Time Limit Ever Be Extended ?
A) Yes ,But only under certain Circumstances. If the time limit expires but you are still able to satisfy the Forum or Commission about the reasonableness in the delay, your complaint can still be taken up. However, the delay for every single day has to be explained