Where should one file a consumer complaint
Once you make a decision to file a consumer complaint, the subsequent step is to decide where this kind of complaint ought to be filed. Corresponding to the Consumer Protection Act, a client can report grouse in the District Forum:
- exactly where the enterprise resides or provides on business or has a branch office or actually operates for gain; OR
- wherever the cause of action arises.
In this document, we deal with the first head - exactly where the firm exists or provides on business
There can be two completely different predicaments within this head: a) where there is merely one opposite party or b) where you'll find more than one opposite parties (two brands - e.g. the car manufacturer and the dealer).
Only one opposite party
In case you are filing your grouse only against one opposite party (i.e. company), then you can definitely file this complaint in with the Forum where the opposite party:
resides, or
carries on business, or
has a division office, or
This implies that you might file a case towards a particular person wherever he/she lives or carries on business or works for profit. In the case of a firm or other artificial entity such as a partnership, you can file a case in opposition to it where their registered office is, where their department office is or where they maintain business.
Especially that's exactly what the law claims - but our courts never ever let it be so hassle-free. In some cases, should you file a criticism against a organization where it has a department office which has no relationship with your working with the company, this may be called into question.
Remember: The case laws on jurisdiction of consumer forums are very conflicting - please seek legal advice on what is the correct process.
More than one Opposite Party
If you are submitting your complaint in opposition to alot more when compared with one person (or company), then you can file this complaint in with the Discussion board where Almost all the contrary parties reside, or carry on business, or possess a department office, or personally work for gain.
If ALL the conflicting parties don't reside, or carry on business, or own a branch office in the same location, you then can file the issue where ANY of them reside, or carry on business, or possess a division office , provided you obtain:
authorization of the Forum where you mean to file the criticism, or
the opposite parties who do not reside or carry on business in the location you plan to file agree to the jurisdiction of this forum.
Yes - all this appears to be a bit complex - simple thing to bear in mind is that you have to file the criticism wheresoever the business is.
Visit Consumer India to file complaints online.