Consumer Complaint Drafting: A Comprehensive Guide

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Heading

A Heading is needed to start drafting consumer complaint with a header stating the name of court/tribunal/redressal mechanism you are approaching. For Instance, “Before the Hon’ble Consumer Dispute Redressal Commission, Dehradun”.

Jurisdiction

The court you are approaching must be within the jurisdiction. To determine jurisdiction of a court/tribunal/ redressal mechanism, the Civil Procedure Code, 1908 need to be referred. It is also necessary to write the complaint no.

Name and Description of Parties

The name and description of parties have to be inserted properly. They need to be represented as complainant and opposite party. Their description must represent who is complainant and who is the respondent.

Title of the Complaint

The title of complaint means that under which provision and under what grounds you are bringing the issue to the court. The title should be one liner containing the nature and provision of the Complaint. For instance, if a person is approaching for consumer complaint. Then, the title would be “Complaint under Section 35 of Consumer Protection Act, 2019.

Fact and grounds of Complaint

This is the most important part as you have to write all the facts clearly, concisely and without exaggeration. Then, on what grounds you are seeking remedies.

Prayer

Prayer is the relief you sought from any court/tribunal/ grievance redressal forum. In this section, you need to identify and appropriate remedy and demand it from the other party.

Verification/ Affidavit

Verification/ Affidavit is attached to all legal documents. It is there to increase the authenticity of the stated facts. It is also attached to ensure that everything you stated in the complaint is true to your knowledge and you are not trying to deceive the court.

Sample Draft

BEFORE THE HON’BLE CONSUMER DISPUTE REDRESSAL COMMISSION, DEHRADUN

COMPLAINT NO. _______OF 2022

Mr. Amit Khera, aged about 26 yrs, S/o Sumit Khera, R/o, Prem nagar, Dehradun

…………..Complainant

VERSUS

Hero Motorcycle Ltd., through its managing direction, Head office: Delhi
Hero Service Centre, Dehradun
Hero finance through its Managing Direction, Head office: Mumbai
Hero Showroom, Banjarawala, Dehradun

……………OPPOSITE PARTIES

COMPLAINT U/S 35 OF THE CONSUMER PROTECTION ACT, 2019

The complainant most respectfully showeth as under-

That the Complainant is the resident of Prem Nagar, Dehradun.
That the opposite parties are the manufacturers, retailers, service and insurance providers of electric scooters.
That the Complainant purchased an Electric motorcycle for Rs. 3,00,000/- manufactured by Hero on 11/ April/ 2019 HERO showroom, Banjarawala, Dehradun.
That after 1 months of the purchase of the said vehicle, Complainant suffered trouble with his vehicle whereby it did not start despite ignition. The vehicle was sent for repair work to the authorized repair workshop of HERO at Dehradun. Whereby he was informed that a part of the vehicle had broken and it was to be replaced. However, no charges would be taken from him. The problem resurfaced after 1 year and Mr. Khera was informed that the concerned part was unavailable in the city and it would take a period of more than 02 weeks for it to be made available. He was told to pay twenty thousand for the services.
That vehicle again broke after 15 days of the services and the OP 2 demanded the sum of Rs. 50,000/- plus additional labour charges amounting to Rs. 10,000/-. The Complainant paid 65,000 to get his vehicle fixed this time. However, the problem resurfaced again. The Complainant also lost 20,000/- after that.
That the Complainant visited the workshop after two days and sought refund of the amount paid by him to the company on account of repair.
That the complainant have not approached neither civil court nor the criminal court.
That there is deficiency of services on part of the opposite party.
That all the evidences and proof of purchase of vehicle has been attached in the Annexure 1.
That the Complainant have face difficulties due to which he is liable to be paid Rs. 1 lakh by the Opposite parties. The Dehradun Consumer redressal forum have the pecuniary and territorial jurisdiction to try the matter.
That the Complainant claim Rs. 1 lakh to paid and replacement of new parts should be done to scooter without any further cost.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Forum/Commission may kindly be pleased to grant Rs. 1 lakh as damages and free service to the scooter.

Place: Dehradun

Dated: 13.04.22 Complainant

VERIFICATION

I, Amit Khera, the complainant above named. Do hereby solemnly verify that the contents of my above complaint are true and correct to my knowledge, no part of it is false and nothing material has been concealed therein.

Verified on this 13^th day of March 2022 at Dehradun.