PROCEDURE OF FILLING A CASE

Consumer Complaint (CC) – 21(a)(i)

                        Consumer Complaint as provided under Section 21(a)(i) of the Consumer Protection Act, 1986, where the value of the goods or services and compensation, if any, claimed, exceeds Rupees One Crore is to be filed in with the Registry of this Commission within a period of  two years from the date on which the cause of action has arisen. Complaint can be filled on all working days (Monday to Friday) between 10:00 A.M. to 4:30 P.M. at Ground Floor ‘Upbhokta Nyay Bhawan’, ‘F’ Block, General Pool Office Complex, INA, New Delhi-110 023. Consumer Complaint should be signed by the complainant and supported by a Notarised attested affidavit with 1+3 sets + Number of Opposite Parties.  (with file cover). The Consumer Complaint along with all the copies should be paginated and duly indexed in the following seriatim:-

1.            Index

2.            List of Dates

3.            Memo of Parties (with fresh complete addresses)

4.            Complaint with Notarised  attested affidavit

5.            Supporting documents in favour of complaint e.g. receipt, voucher etc. (All the Annexures must be attested as True Copy on the last page with name & signature)

6.            Application for condonation of delay with Notarised attested affidavit, if beyond limitation. (2 years from cause of action)

7.            Fee for Rs.5,000/-  for making Consumer Complaint (Demand Draft in favour of  “The Registrar, NCDRC, New Delhi”)

Note :

1.            The documents shall be filed in English language only or translated copy of any other language, duly typed in double space on one side of the paper. If any supporting documents are not legible the same will not be accepted until clear legible/photo copies are filed.

2.            If the documents are not filed as per in the format mentioned above the same will be returned to the parties at the counter itself without acknowledgement and will only be registered after removing the defects.

3.            After the issue of notice, any documents in a case, the same has to be served on the other side and 1+3 sets be filed with proof of service. No document will be accepted unless filed two days (working days) in advance from the date of hearing.

4.            Henceforth, the review petition/application for recalling of order will be listed before the bench by way of circulation in chambers.

5.            The counsel or the parties appearing in person are filing a common petition / appeal against common order passed by the State Commission in a bunch of appeals / complaints. It causes inconvenience to the Hon’ble Benches to decide the independent issues pertaining to each matter, such as award of different amounts to different parties, etc.  Hence, the Hon’ble President is pleased to direct the parties / Counsel to file independent or separate appeals/revision petitions, against each appeal/complaint decided by the State Commission in the common order.

6.            No. of copies to be filed in the Commission 1+3 sets + Number of Opposite Parties (with File cover). 

7.            Caveat Application filed in the Commission in Revision Petition and First Appeal has to be filed in 1+3 sets along with proof of service on Opposite Parties and also copy of order of the State Commission.

8.            Application for Certified copy of order must be made on Letter Head with signature & Rubber stamp by counsel with a statement that first free certified copy has not been received either by the party-in-person or their counsel.

9.            Duplicate certified copy shall be issued on payment basis as per Regulation with a clear endorsement that earlier first free certified copy was sent by post at the address of the party-in-person or to their Counsel / Authorized Representative.

BY ORDER

HON’BLE PRESIDENT

NCDRC

First Appeal (FA) – 19

                        First Appeal as provided under Section 19 of the Consumer Protection Act, 1986-Any person aggrieved by an order made by the State Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 17 may prefer an appeal against such order before this Commission within a period  of  thirty days from the date of receipt of the order on all working days (Monday to Friday) between 10:00 A.M. to 4:30 P.M. at Ground Floor, ‘Upbhokta Nyay Bhawan’, ‘F’ Block,  General Pool Office Complex, INA, New Delhi - 110 023.  First Appeal must be supported by a Notarised attested affidavit with 1+3 sets + Number of Opposite Parties (with File cover).  The First Appeal along with all the copies should be paginated and duly indexed in the following seriatim:-

1.            Index

2.            List of Dates

3.            Memo of Parties (with fresh complete addresses)

4.            Appeal with Notarised  attested affidavit

5.            Stay Application, or any other application if any, with Notarised  attested affidavit

6.            Application for condonation of delay with Notarised attested affidavit, if beyond limitation. (Within 30 days of receipt of order)

7.            Certified copy of order of State Commission

8.            Copy of Complaint, Pleadings, Evidence, Reply & Rejoinder filed before State Commission and other documents relied on by both parties.  (All the Annexures must be attested as True Copy on the last page with name & signature)

9.            Statuary Deposits as per  Section 19 of the Consumer Protection Act, 1986 in the form of Demand Draft (in favour  of “The Registrar, NCDRC, New Delhi”)

Note :

1.            The documents shall be filed in English language only or translated copy of any other language, duly typed in double space on one side of the paper. If any supporting documents are not legible the same will not be accepted until clear legible/photo copies are filed.

2.            If the documents are not filed as per in the format mentioned above the same will be returned to the parties at the counter itself without acknowledgement and will only be registered after removing the defects.

3.            After the issue of notice, any documents in a case, the same has to be served on the other side and 1+3 sets be filed with proof of service. No document will be accepted unless filed two days (working days) in advance from the date of hearing.

4.            Henceforth, the review petition/application for recalling of order will be listed before the bench by way of circulation in chambers.

5.            The counsel or the parties appearing in person are filing a common petition / appeal against common order passed by the State Commission in a bunch of appeals / complaints. It causes inconvenience to the Hon’ble Benches to decide the independent issues pertaining to each matter, such as award of different amounts to different parties, etc.  Hence, the Hon’ble President is pleased to direct the parties / Counsel to file independent or separate appeals/revision petitions, against each appeal/complaint decided by the State Commission in the common order.

6.            No. of copies to be filed in the Commission 1+3 sets + Number of Opposite Parties (with File cover). 

7.            Caveat Application filed in the Commission in Revision Petition and First Appeal has to be filed in 1+3 sets along with proof of service on Opposite Parties and also copy of order of the State Commission.

8.            Application for Certified copy of order must be made on Letter Head with signature & Rubber stamp by counsel with a statement that first free certified copy has not been received either by the party-in-person or their counsel.

9.            Duplicate certified copy shall be issued on payment basis as per Regulation with a clear endorsement that earlier first free certified copy was sent by post at the address of the party-in-person or to their Counsel / Authorized Representative.

BY ORDER

HON’BLE PRESIDENT

NCDRC

Revision Petition (RP) – 21(b)

                       Revision Petition as provided under Section 21(b) of the Consumer Protection Act, 1986-to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission can be filed with the Registry of this Commission within a period  of  ninety days from the date of receipt of the order on all working days (Monday to Friday) between 10:00 A.M. to 4:30 P.M. at Ground Floor, ‘Upbhokta Nyay Bhawan’, ‘F’ Block,  General Pool Office Complex, INA, New Delhi - 110 023.  Revision Petition must be supported by a Notarised attested affidavit with 1+3 sets + Number of Opposite Parties (with File cover).  The Revision Petition along with all the copies should be paginated and duly indexed in the following seriatim:-

1.            Index

2.            List of Dates

3.            Memo of Parties (with fresh complete addresses)

4.            Revision Petition with Notarised  attested affidavit

5.            Stay Application, or any other application if any, with Notarised  attested affidavit

6.            Application for condonation of delay with Notarised attested affidavit, if beyond limitation. (Within 90 days of the receipt of the order)

7.            Certified copy of order of State Commission

8.            Copy of order of District Forum

9.            Copy of Complaint, Reply & Rejoinder filed before District Forum as well as copy of evidence if recorded and other documents relied on by both parties.  (All the Annexures must be attested as True Copy on the last page with  name & signature)

Note :

1.            The documents shall be filed in English language only or translated copy of any other language, duly typed in double space on one side of the paper. If any supporting documents are not legible the same will not be accepted until clear legible/photo copies are filed.

2.            If the documents are not filed as per in the format mentioned above the same will be returned to the parties at the counter itself without acknowledgement and will only be registered after removing the defects.

3.            After the issue of notice, any documents in a case, the same has to be served on the other side and 1+3 sets be filed with proof of service. No document will be accepted unless filed two days (working days) in advance from the date of hearing.

4.            Henceforth, the review petition/application for recalling of order will be listed before the bench by way of circulation in chambers.

5.            The counsel or the parties appearing in person are filing a common petition / appeal against common order passed by the State Commission in a bunch of appeals / complaints. It causes inconvenience to the Hon’ble Benches to decide the independent issues pertaining to each matter, such as award of different amounts to different parties, etc.  Hence, the Hon’ble President is pleased to direct the parties / Counsel to file independent or separate appeals/revision petitions, against each appeal/complaint decided by the State Commission in the common order.

6.            No. of copies to be filed in the Commission 1+3 sets + Number of Opposite Parties (with File cover). 

7.            Caveat Application filed in the Commission in Revision Petition and First Appeal has to be filed in 1+3 sets along with proof of service on Opposite Parties and also copy of order of the State Commission.

8.            Application for Certified copy of order must be made on Letter Head with signature & Rubber stamp by counsel with a statement that first free certified copy has not been received either by the party-in-person or their counsel.

9.            Duplicate certified copy shall be issued on payment basis as per Regulation with a clear endorsement that earlier first free certified copy was sent by post at the address of the party-in-person or to their Counsel / Authorized Representative.

BY ORDER

HON’BLE PRESIDENT

NCDRC

Transfer Application (TA)– 22B

                       Transfer Application as provided under Section 22 B of the Consumer Protection Act, 1986-On the application of the complainant or of its own motion, the National Commission may, at any stage of  the proceeding, in the interest of  justice, transfer any complaint pending before the District Forum of one  State to a District Forum of another State or before one State Commission to another State Commission, can be filed with the Registry of this Commission on all working days (Monday to Friday) between 10:00 A.M. to 4:30 P.M. at Ground  Floor, ‘Upbhokta Nyay Bhawan’, ‘F’ Block, General Pool Office Complex, INA, New Delhi-110 023. Transfer Application must be supported by a Notarised attested affidavit with 1+3 sets + Number of Opposite Parties (with file cover).  The Transfer Application along with all the copies should be paginated and duly indexed in the following seriatim:-

1.            Index

2.            Memo of Parties (with fresh complete addresses)

3.            Transfer Application with Notarised  attested affidavit

4.            Copy of complaint and appeal filed before forum below (All the Annexures must be attested as True Copy on the last page with name & signature)

Note :

1.            The documents shall be filed in English language only or translated copy of any other language, duly typed in double space on one side of the paper. If any supporting documents are not legible the same will not be accepted until clear legible/photo copies are filed.

2.            If the documents are not filed as per in the format mentioned above the same will be returned to the parties at the counter itself without acknowledgement and will only be registered after removing the defects.

3.            After the issue of notice, any documents in a case, the same has to be served on the other side and 1+3 sets be filed with proof of service. No document will be accepted unless filed two days (working days) in advance from the date of hearing.

4.            Henceforth, the review petition/application for recalling of order will be listed before the bench by way of circulation in chambers.

5.            The counsel or the parties appearing in person are filing a common petition / appeal against common order passed by the State Commission in a bunch of appeals / complaints. It causes inconvenience to the Hon’ble Benches to decide the independent issues pertaining to each matter, such as award of different amounts to different parties, etc.  Hence, the Hon’ble President is pleased to direct the parties / Counsel to file independent or separate appeals/revision petitions, against each appeal/complaint decided by the State Commission in the common order.

6.            No. of copies to be filed in the Commission 1+3 sets + Number of Opposite Parties (with File cover). 

7.            Caveat Application filed in the Commission in Revision Petition and First Appeal has to be filed in 1+3 sets along with proof of service on Opposite Parties and also copy of order of the State Commission.

8.            Application for Certified copy of order must be made on Letter Head with signature & Rubber stamp by counsel with a statement that first free certified copy has not been received either by the party-in-person or their counsel.

9.            Duplicate certified copy shall be issued on payment basis as per Regulation with a clear endorsement that earlier first free certified copy was sent by post at the address of the party-in-person or to their Counsel / Authorized Representative.

BY ORDER

HON’BLE PRESIDENT

NCDRC