AMITY LAW SCHOOL, NOIDA
CONSUMER COMPLAINTS
(Drafting and filing)
SUBMITTED TO SUBMITTED BY-
DR. BHUPINDER GAUTAM
SHRUTI KHANDELWAL
A11911115113
BA.LLB(H), SEMISTER- 4
SECTION - F
INTRODUCTION
A consumer complaint or customer complaint is "an expression of dissatisfaction on a
consumer's behalf to a responsible party" (Landon, 1980). It can also be described in a positive
sense as a report from a consumer providing documentation about a problem with a product or
service.[1] In fact, some modern business consultants urge businesses to view customer
complaints as a gift.[2][3]
Consumer complaints are usually informal complaints directly addressed to a company or public
service provider, and most consumers manage to resolve problems with products and services in
this way, but it sometimes requires persistence.
If the grievance is not addressed in a way that satisfies the consumer, the consumer sometimes
registers the complaint with a third party such as the Better Business Bureau, a county
government (if it has a "consumer protection" office) and Federal Trade Commission (in the
United States). These and similar organizations in other countries accept for consumer
complaints and assist people with customer service issues, as do government representatives
like attorneys general. Consumers however rarely file complaints in the more formal legal sense,
which consists of a formal legal process (see the article on complaint).
In some countries (for example Australia,[4] the United Kingdom,[5] and many countries of
the European Community), the making of consumer complaints, particularly regarding the sale
of financial services, is governed by statute (law). The statutory authority may require companies
to reply to complaints within set time limits, publish written procedures for handling customer
dissatisfaction, and provide information about arbitration schemes.
Internet forums and the advent of social media have provided consumers with a new way to
submit complaints. Consumer news and advocacy websites often accept and publish complaints.
Publishing complaints on highly visible websites increases the likelihood that the general public
will become aware of the consumer's complaint. If, for example, a person with many "followers"
or "friends" publishes a complaint on social media, it may go "viral". Internet forums in general
and on complaint websites have made it possible for individual consumers to hold large
corporations accountable in a public forum.
FORMAT
BEFORE THE HONBLE NATIONAL / STATE / DISTRICT
CONSUMER DISPUTES REDRESSAL COMMISSION/FORUM AT
( CITY ).
COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.
IN THE MATTER OF : (Name and address of complainant)
.................... COMPLAINANT
VERSUS
(Name and address of the accused)
.................... OPPOSITE PARTY
INTRODUCTION:
A brief paragraph about the complainant explaining the name, residence
address and occupation of the complainant.
A brief paragraph about name, address and occupation of the opposite party.
RESPECTFULLY SHOWETH:
1. Description of the deal and services promised by the opposite parties for the
value paid by the complainant.
2. Description of the advertisements given by the opposite parties which
attracted the complainant to purchase the commodity and services.
TRANSACTION :
Details of the price of goods and services.
Details of the bill/invoice (bill number and date, item and amount)
Details of payments made by complainant (cheque number/cash, etc.)
NATURE OF COMPLAINT:
(select from list or write as required)
1. Misleading advertisements and false representation.
2. Cheating by giving false promises.
3. Deficiency in after sales service or not abiding by warranty clause.
4. Harassment by the opposite party.
5. Not delivering the goods and services for which payment is made.
6. Charging excess amount.
7. Any other factors that affected the consumer.
OTHER EVIDENCES OF SUPPORT OF COMPLAINT:
Copy of advertisement and catalogue that promised the concerned goods and
services.
Copy of bill as evidence of purchase.
Other documents such as agreement copies, bounced cheques, opposite parties'
letters.
Copy of letters sent to the opposite party to request for rectification of fault and
settlement of the grievance.
JURISDICTION:
(Select one)
As the total amount involved is more than Rupees 1 crore, the complaint is
being filed with the Hon'ble National Consumer Disputes Redressal
Commission.
OR
As the total amount involved is more than Rupees 20 lakhs and less than 1
crore, the complaint is being filed with the Hon'ble State Consumer Disputes
Redressal Commission.
OR
As the total amount involved is less than Rupees 20 lakhs, the complaint is
being filed with the Hon'ble District Consumer Disputes Redressal Forum.
PRAYER:
The complainant therefore prays :-
i) relief be granted to the complainant as demanded herein.
ii) that such orders be passed as the Hon'ble Consumer Forum may deem fit in
the circumstances of the case.
iii) that the accused should be punished severely so that culprits of similar kind
would be afraid to indulge in such criminal activities.
iv) mention any other statement of prayer you wish to state.
PLACE : Signature
DATED : NAME OF THE
COMPLAINANT
VERIFICATION
I (name of complainant), resident of (residential address) hereby declare
that I have not misrepresented any facts nor have tried to hide any
information in my above complaint. All the facts mentioned herein are true
to the best of my knowledge.
Name & signature of the
complainant
Please note: The affidavit should be notarized before further copies of
complaint set are made for submission.
Arrangement of the complaint papers:
All papers to be kept in paper file in following order:
1. Complaint
2. Affidavit
3. List of documents
4. Documents
5. Vakalatnama
6. Application for injunction (if any)
7. Application for condonation of delay (if any)
Before filing a complaint
1. Contact the insurance company or agent and bring the problem to
their attention. Document your phone calls by noting the name of the
person you speak to, the date of the call and a brief summary of the
conversation. Keep copies of all written communications.
2. If you are not satisfied with the results you receive, contact the
Department of Insurance for assistance. Insurance analysts are available to
answer general questions by phone at our toll-free Consumer Assistance
Hotline (866) 445-5364. However, complaints must be submitted in
writing.
3.
How to file a complaint
1. Complaints may be submitted in the following ways
On-line
at https://mc.insurance.illinois.gov/messagecenter.nsf
By email at [email protected]
By fax to (217) 558-2083
By mail to 320 W. Washington Street, Springfield, IL 62767
Keep your originals and send only copies of
information. For a printed copy of the Departments complaint form,
contact our toll-free Consumer Assistance Hotline at (866) 445-5364.
2. When your complaint is received, a file number will be assigned and
you will be sent written notification of that number. Please refer to the
complaint file number when you call or write to the Department.
Note: A copy of the complaint will be sent to the
insurance company. Illinois law allows 21 days for an insurer or agent
to respond to a complaint. Please allow four to six weeks for
completion of our investigation.
3. When a response to complaint is received from the company or
producer, an analyst will review the complaint and response. This review
will result in one of the following actions:
If the complaint has been resolved, the complaint will be
closed and you will be sent a letter;
If an insurance law has been violated, the Department will
request corrective action;
If the company is not abiding by the policy, the Department
will request corrective action;
If the insurer or producer has not responded to all questions
or has not investigated the complaint thoroughly, the Department will
require them to do so;
If no violation of Illinois insurance law is found, a letter will
be sent to you with an explanation of the finding and notice that the
investigation is being closed.
