DR RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

(SESSION 2020-21)

PROJECT OF DRAFTING OF PLEADINGS AND CONVEYANCE

ON

DRAFTING OF CONSUMER COMPLAINT

Submitted To: Submitted By:

Dr Shakuntala Sangam Chetna Singh

Assistant Professor (Law) Enroll. No. – 180101041

Dr. Ram Manohar Lohiya National Law 3rd Year

University
B.A. LL.B. (Hons.)
 ACKNOWLEDGMENT

Learning is something that continues all throughout the life & it starts at the zest of the person
playing the role of the teacher who imparts his/her knowledge to you. It is under the guidance of
a teacher that a student grows & learns to expand his/her horizons. As a child, you acknowledged
everything you accomplished, and as you grow older and more sophisticated, you acknowledge
only major achievements. Such achievements can be reached to only with the kind showering of
the teacher’s help. And hence, the following endeavour is also attributed to my teacher, Dr
Shakuntala Sangam, Faculty, Law, who guided me through the path of this attainment.

Nothing can also demean the contribution of my family & friends in this journey & thus, moving
ahead without thanking them will only render the study less meaningful.

All ends well only when surroundings are constructive & people around are supportive. It
therefore becomes imperative to owe the gratitude towards all those in Dr Ram Manohar Lohiya
National Law University, who made the study possible for me even in such a tough time, amidst
this pandemic.
 CONTENT

INTRODUCTION...........................................................................................................................4

COMPLAINT..................................................................................................................................5

REMEDIES AVILABLE TO A CONSUMER...............................................................................7

PROCEDURE FOR FILING A COMPLAINT..........................................................................7

SAMPLE COMPLAINT.............................................................................................................7

CONCLUSION..............................................................................................................................14

BIBLOGRAPHY...........................................................................................................................18
 INTRODUCTION
In India, the Consumer Protection Act of 1986 is the law governing consumer protection. Under
this law, Separate Consumer Dispute Redress Forum have been set up throughout India in each
and every district in which a consumer [complaint can be filed by both the consumer of a goods
as well as of the services] can file his complaint on a simple paper with nominal court fees and
his complaint will be decided by the Presiding Officer of the District Level. Appeal could be
filed to the State Consumer Disputes Redressal Commissions and after that to the National
Consumer Disputes Redressal Commission (NCDRC). The procedures in these tribunals are
relatively less formal and more people friendly and they also take less time to decide upon a
consumer dispute when compared to the year’s long time taken by the traditional Indian
Judiciary. In recent years, many effective judgments have been passed by some state and
National Consumer Forums. Getting onto drafting, the leading statute i.e. The Consumer
Protection Act gives us the guidelines to draft a consumer complaint.
 COMPLAINT
Section 12 of The Consumer Protection Act, 1986 -

“12. 2[Manner in which complaint shall be made. A complaint, in relation to any goods sold or delivered
or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a
District Forum by—

(a) The consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such
service provided or agreed to be provided;

(b) any recognized consumer association whether the consumer to whom the goods sold or
delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of
such association or not;

(c) one or more consumers, where there are numerous consumers having the same interest, with
the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or
(d) the Central or the State Government. Explanation. -- For the purposes of this section," recognized
consumer association" means any voluntary consumer association registered under the Companies Act,
1956 (1 of 1956) or any other law for the time being in force.”

WHO CAN FILE A COMPLAINT UNDER THE ACT?

● A consumer

● Any voluntary consumer organisation registered under the Societies Registration Act,
1860 or under the Companies Act, 1956 or under any other law for the time being in
force.

● The Central Government

● The State Government or Union Territory Administrations

● One or more consumers on behalf of numerous consumers, having the same interest
(Class action complaints)
WHAT CONSTITUTES A COMPLAINT?
Under the Act, a complaint means any allegation in writing made by a complainant in regard to
one or more of the following:

● Any unfair trade practice as defined in the Act or restrictive trade practices like tie-up
sales adopted by any trader.

● One or more defects in goods.

● The goods hazardous to life and safety, when used, are being offered for sale to public in
contravention of provisions of any law for the time being in force.

● Deficiencies in services

● A trader charging excess of price:

(i) Fixed by or under any law for the time being in force or
(ii) displayed on goods or
(iii) Displayed on any packet containing such good

WHERE TO FILE A COMPLAINT?

● If the cost of goods or services and compensation asked for is up to Rs five lakh, then
the complaint can be filed in the District Forum.

● If the cost of goods or services and compensation asked for is more than Rs 5 lakhs, but
less than Rs 20 lakh then the complaint can be filed before the State Commission
notified by the State Government or Union Territory concerned.

● If the cost of goods or services and compensation asked for exceeds Rs 20 lakh then the
complaint can be filed before the National Commission at New Delhi.

HOW TO FILE A COMPLAINT?

The procedure for filing a complaint is very simple. It can be made on a piece of paper with the
necessary particulars.
  There is no fee for filing a complaint before the District Forum, the State Commission
or the National Commission. (A stamp paper is also not required). There should be 3 to
5 copies of the complaint on plain paper.
 The complainant or his authorized agent can present the complaint in person.
 The complaint can be sent by post to the appropriate Forum/Commission.
 A complaint should contain the following information:
(a) the name, description and the address of the complainant;
(b) the name, description and address of the opposite party or parties, as the case may
be, as far as they can be ascertained;
(c) The facts relating to complaint and when and where it arose;
(d) Documents, if any, in support of the allegations contained in the complaint;
(e) The relief which the complainant is seeking.
 The complaint should be signed by the complainant or his authorized agent.
 The complaint is to be filed within two years from the date on which cause of action has
arisen.
 REMEDIES AVILABLE TO A CONSUMER
Depending on the nature of relief sought by the consumer and facts, the redressal forums may
give orders for one or more of the following reliefs:
(a) removal of defects from the goods;

(b) replacement of the goods;

(c) refund of the price paid;

(d) award of compensation for the loss or injury suffered;

(e) removal of defects or deficiencies in the services;

(f) discontinuance of unfair trade practices or restrictive trade practices or direction not to
repeat them;
(g) withdrawal of the hazardous goods from being offered to sale or;

(h) award for adequate costs to parties.

PROCEDURE FOR FILING A COMPLAINT

If the consumer is not satisfied with the decision of the forum, then he may prefer an appeal
against the decision.

● Appeal against the decision of a District Forum can be filed before the State
Commission within a period of thirty days.

● Appeal against the decision of a State Commission can be filed before the National
Commission within thirty days.

● Appeal against the orders of the National Commission can be filed before the Supreme
Court within a period of thirty days.

Note:

1) There is no fee for filing appeal before the State Commission or the National Commission.
2) Procedure for filing the appeal is the same as that of complaint, except the application
 should be accompanied by the orders of the District/State Commission as the case may be and
grounds for filing the appeal should be specified.

SAMPLE COMPLAINT

Following is an example draft for the application of Consumer Complaint:

Statement of Facts:

1. The Complainant had ordered an Apple iPhone X on November 9, 2019 through the Opposite
Party.

2 The full payment was made in advance and it was promised that the delivery will be made
within 3 weeks.

3. Complainant called the Opposite Party many times after the product was not received but
the Opposite Party never gave any satisfactory answers.

4. Complainant thereafter cancelled the order; the Opposite Party had said that the order
will be cancelled in 3 days but the same has not happened. The Opposite Parties give no reply
to the Complainant’s calls. The Opposite Party is yet to refund the money and has not been
answering to the Complainant’s concerns.

5. Complainant even wrote a letter to the Opposite Party stating his concerns, the Opposite
Party has not replied to the letter.

6. Complainant felt enraged as the Opposite Party has cheated on him, the Complainant is
not satisfied at all with Opposite Party services and feels harassed.
 Before the District Consumer Disputes Redressal Forum

At Ludhiana, Punjab

1. VASU VERMA, 1403, SUKHRAM NAGAR, NEAR JAGRAON BRIDGE, FIELD

GANJ, LUDHIANA, PUNJAB- 141008

…Complainant

Versus

2. TIMTARA.COM, INFOSECURE CONSULTING PVT. LTD., B-26 SECOND

FLOOR,

SECTOR 8, NOIDA, UTTAR PRADESH -201301

…Opposite Party
Complaint under Section 12 of the Consumer Protection Act, 1986
RESPECTFULLY SHOWETH:

1. That the Complainant is residing at 1403, Sukhram Nagar, Near Jagraon Bridge, Field
Ganj,

Ludhiana, Punjab

That the facts of the present case, in brief, are as follows:

2. That, the Complainant had ordered an Apple iPhone 5 on November 9, 2019 through the
Opposite Party (Order number-10351866).
3. The full payment was made in advance and it was promised that the delivery will be made
within 3 weeks. [Please find enclosed herewith the copy of receipt as ANNEXURE I.]

4. That, the Complainant called the Opposite Party many times after the product was not
received but the Opposite Party never gave any satisfactory answers.

5. That, the Complainant thereafter cancelled the order, the Opposite Party had said that the
order will be cancelled in 3 days but the same has not happened. The Opposite Parties give
no reply to the Complainant’s calls. The Opposite Party is yet to refund the money and has
not been answering to the Complainant’s concerns.

6. That, the Complainant even wrote a letter to the Opposite Party stating his concerns
[Attached is the letter and receipt as ANNEXURE II]. However, the Opposite Party has
not replied to the letter.
7. That, the Complainant felt enraged as the Opposite Party has cheated on him. That, the
Complainant is not satisfied at all with Opposite Party services and feels harassed.
Therefore, this petition.

8. That this Hon’ble Forum has got pecuniary jurisdiction to entertain this Complaint as the
compensation claimed does not exceed Rs.20,00,000/-.

9. That this Hon’ble Forum has got jurisdiction to adjudicate and decide this case as the cause
of action arose in Ludhiana as the Complainant made online purchase from Ludhiana. Also,
since the Opposite Party carries out its business in India through Internet, the matter falls
within the territorial jurisdiction of this forum.

10. That, the cause of action is continuing up till now as the Opposite Party has not taken any
action on their assurance and Complainant’s requests for refund. Therefore, the complaint
is filed within the limitation period.

11. That the Complainant has not filed any such or similar complaint before Hon’ble Court. No
such or similar complaint is pending adjudication before any competent court of law. It is,
therefore, respectfully prayed that this Hon’ble Court may kindly be pleased to:
 i) direct the Opposite Party to apologize for all the inconvenience caused to the
Complainants;
ii) direct the Opposite Party to make up for the mistake and refund the entire
money;
iii) direct the Opposite Party to pay a sum of Rs. 5,000/- towards the physical
strain and mental agony suffered by the Complainants and his family members;
and
iv) direct the Opposite Party to pay a sum of Rs. 1,000/- towards cost of this
petition for which act of kindness, the Complainants shall, as is duty bound,
ever pray.

Ludhiana Complainant

Date

Verification:

Verified that the contents of Para nos. 1 to 11 of the complaint are true and correct to the
best of my knowledge. No part of it is false and nothing has been concealed there from.

Ludhiana Complainant

Dated

AFFIDAVIT IN SUPPORT OF THE COMPLAINT

Before the District Consumer Disputes Redressal Forum at Ludhiana

Complaint No. _______________ of 2019

VASU VERMA, 1403, SUKHRAM NAGAR, NEAR JAGRAON BRIDGE, FIELD GANJ,
LUDHIANA, PUNJAB- 141008

…Complainant

Versus

TIMTARA.COM, INFOSECURE CONSULTING PVT. LTD., B-26 SECOND FLOOR,

SECTOR 8, NOIDA, UTTAR PRADESH -201301

…Opposite Party

AFFIDAVIT

Affidavit of Mr. Vasu Verma, 1403, Sukhram Nagar, Near Jagraon Bridge, Field Ganj,
Ludhiana, Punjab.

I the above-named deponent do hereby solemnly affirm and declare as under:

1. That I am the Complainant in the above case, thoroughly conversant with

the facts and circumstances of the present case and competent to swear this
affidavit.

2. That the facts contained in my accompanying complaint, the contents of

which have not been repeated herein for the sake of brevity may be read as an
integral part of this affidavit and are true and correct to my knowledge.

Complainant
Ludhiana

Date
Verification:

I, the above-named deponent, do hereby solemnly verify that the

contents of my above affidavit are true and correct to my knowledge. No part of
it is false and nothing material has been concealed therein.

Verified this .......day of 20.......at........

Ludhiana Complainant

Date

ANNEXURE – I [COPY OF RECEIPT]

 CONCLUSION
After liberalization of economic policy, consumer goods have flooded the market as never
before. Both foreign and India companies are introducing new products and brands with glossy
and fancy packing as the middle- and lower-income groups are taking loans to-Companies still
do not pay attention to the quality of their products and also do not value customer satisfaction.
Very often a customer may get taken in by a misleading advertisement making tall claim as to
the high quality and after-sales service. The consumer may discover later that the goods
purchased by him are not up to the claims made by the manufacturer. Companies are not willing
to invest in efficient after-sales service so long as their sales keep increasing. Newspaper
columns can be seen to be full of complaints and many companies do not care to rectify the
complaints. To enable the consumer to have his right to a deal, the Consumer Protection Act
was passed in 1986. The Act promises to rectify all that and make accountant both the
manufactures and providers of service. It provides for toe setting up of quasi-judicial bodies at
district, state and national label for quick and inexpensive redressal of consumer grievances.
Three groups; the consumers, registered voluntary consumer associations and the central and
state government is covered by this facility. In case a group of persons is seeking similar
redressal, a class action suit can be filed or may be treated as a public interest litigation. The
coverage given by this Act is very wide. If a group of persons are adversely affected by the
cancellation of a train or through consumption of adulterated food, they can go for redressal
under this Act. A group of people who did not get back the amount that they had paid for
booking scooters, were awarded double the rate of interest as damages. Under the Act, a
consumer has been defined as a person who buys any good or hires or avails of any service for a
consideration. Hospital which offers free service and doctors in hospitals which do not charge
their patients are exempt from the Act Goods purchased for commercial purpose are also not
covered in the Act except if a person buys the goods to be used; exclusively for the purpose of
earning livelihood by means of self-employment. A consumer can complain against unfair trade
practices, defective goods and overcharging. An unfair trade practice means any deceptive or
unfair practice, False claims regarding quality of goods and services and bargain sales without
reduction of prices, false and misleading advertising, all come in the ambit of this Act. Other
examples of unfair practices are hoarding of goods to extract higher price, conduct of lottery,
contest, game of skill or chance for sale promotion, and selling goods which are substandard.
Giving of guarantee that is not based on adequate tests, falsely representing any second-hand
goods or that the seller has a sponsorship which he does not have, are all unfair practices.
Defects have been defined as any fault, imperfection, shortcoming in quality, quantity, purity,
potency or standard which is required to be maintained by or under any law for the time being
in force, or as is claimed by the trader in any manner whatsoever in reaction to any goods.
Defects in service include the provisions of facilities in connection with banking, finance,
insurance, transport, electric supply, hotels, entertainment, and so on. All services provided by
professionals such as lawyers, doctors and architects are included, except contracts of personal
service between master and servant. A restrictive trade practice is defined as any trade practice
that requires a customer to buy, hire or avail any goods or services as a condition precedent for
buying any other goods or services. Thus, a dealer who forces someone to buy a gas stove with
a gas connection is said to be indulging in a restrictive trade practice. A time limit of two years
has been prescribed in the Act within which a complaint must be filed. A delay in flaring a case
can, however, be condoned by the court in exceptional cases. The jurisdiction of the courts has
been fixed according to the value of the compensation claimed or the cost of the goods and
service in question. If the cost of goods or services or the compensation being sought is less
than Rs. 5 lakhs, the complaint has to be filed with the District Consumer Redressal Forum,
which has been set up in each district in the country. It must be filed with a forum within the
local limits of whose jurisdiction the opposite party resides or carries on business or has a
branch office. If the amount in question is over Rs. 5 lakhs but within Rs. 20 lakhs, the case
must be filed before the State Consumer Disputes Redressal Commission which has established
in each state capital. If it exceeds Rs. 20 lakhs, it has to be filed before the National
Commission in New Delhi. If a person is not satisfied with the order of the District Forum, he
can appeal to the State Commission and thereafter, if necessary, to the National Commission.
The appeal must be filed within 30 days of the order. A consumer can simply write down the
complaint and attach photocopies of the receipts, bills and other documents and send it to the
court. A copy is sent to the opposite party who must reply within 30 days and give their version.
A date is fixed for the hearing and to settle the dispute. In case companies do not respond to the
summons then the case is decided exporter. In case the complaint is found to be valid, the
opposite party can be directed to: (a) remove the defects or replace the defective goods with
new goods, or refund the amount paid for the goods, (b) remove the deficiencies in services,
and (c) pay compensation for loss or suffering caused on account of defective goods and
services and also pay costs. If the goods are found to be hazardous, the court can order their
withdrawal from the market. It may order the party to discontinue the unfair or restrictive
practice. In case the order of the court is not complied with it can award punishment with a
minimum imprisonment of one month but which may extend to 3 years. Fines may also be
levied between Rs. 2000 to Rs. 10,000 or both. Frivolous complaints are discouraged. In case of
such complaints, the complaint may be asked to pay costs not exceeding Rs. 10,000. Like
ordinary civil courts, the consumer courts are also flooded with complaints. The delay in
consumer courts has weakened the redressal process and the consumers still have to wait for
justice. However, a start has been made and it can be hoped that these courts can be suitably
strengthened in the future. There has been a difference of opinion about the inclusion of doctors
within the purview of the CPA. But the recent judgments of the Supreme Court have cleared the
issue saying that doctors are providers of services under contract and were under the same
obligation to deliver proper service. As an act of a doctor could endanger lives, he as under full
responsibility to treat the patients well. This judgment will enforce a certain amount of
accountability in the profession while at the same time cause doctors to practice “defensive
medicine”. It is, however, difficult to say as yet about the exact repercussions of the judgment.
 BIBLOGRAPHY
1. http://www.consumergrievance.com/icrpc.org.complaintformat.htm
2. Textbook on Pleadings, Drafting and Conveyancing by Dr A.B. Kafaltiya