Legal Notice: Before You File a Consumer Complaint

Last Updated at: January 08, 2020
doctrine of indoor management

You’ll have to follow a certain procedure if you want to take your complaint to a consumer court. First of all, your case must be filed within two years of the cause of the grievance. If you file one after the stipulated two-year period, you must give sufficient reason for the delay and the court can still reject your case.

Send a Notice
Let’s say you are thinking of having your day in court because the company or individual selling you a deficient product or service has failed to respond to your complaints to your satisfaction. You may have called up the customer care number and registered a complaint (even receiving a complaint number) which hasn’t been duly followed up. Or you may simply be dissatisfied with the company’s response or their offer.

Before you actually file a case, it’s better to give 15 days notice to the opposite party or parties. In this notice, which should preferably be typed out and ideally be sent by speed post or registered post A.D., you should narrate your grievance explaining your issue, how long it’s been, what remedial action you expect from the company and what kind of compensation you seek if any. You should keep a copy of this and all other correspondence.

get a legal notice with vakilsearch

You should always talk to a branch office of the company closest to where you live. This will make it easier for you to meet their representative in person if you need to.

Follow the Complaint Format
Index: Preferably, your complaint should be typed out and have an index page giving the page numbers of the following inclusions.
Contact Details: The complaint should have your name, address, telephone and cell phone numbers and email address, as well as the name, registered address, contact details and e-mail address of the opposite party or parties.

Complaint: The facts relating to the case should be mentioned, in chronological order. Here you are also required to specify when and where the issue arose, and you can point to page numbers of the attached documents. Your complaint should be signed by you.
Documents: You should include Xerox copies of all the documents that support your claim.
Relief: The next section should contain what you seek, such as a replacement, refund or additional damages.
Affidavit: You will also need to include an affidavit stating that the facts are true to the best of your knowledge.

In the District Forum and State Commission you will have to submit at least three copies of your complaint, while the NCDRC will require four copies to be filed. Additional copies may be necessary depending on the number of opposite parties.