I believe you have joined our Facebook Free Legal Aid forum or purchased book and you have been advised to visit this page to get Consumer court Legal Notice Format and to get a review for consumer notice drafting. If you have not joined our NGO Free Legal Aid Forum, Please join us HERE, and post your complaint.

In this blog, I will provide you with a few instructions and advice to keep in mind while pursuing your case on your own. Then, I will also recommend one eBook on how you can contest, file and fight your consumer case without a lawyer. Thereafter, I will provide you with the format for consumer notice. (This post is updated following new Consumer Protection Act, 2019, including a new complaint format)

Instructions to draft consumer notice

• Make sure you have payment proof (Invoice, Email Payment proof)
• Obtain details of a payment from bank statement (Bank Statement)
• Email communication (Optional)
• Telephonic Communication (Optional)
• Other Evidence that supports (proves) your complaint
• Always send notice by Registered Post or Courier services like DTDH etc, and retain evidence of post/courier slip. When notice is delivered, print tracking receipt too.
• Escalate issue as soon as you realise, as It is imperative to say that genuine issues should be raised within a reasonable period of time. And maintain a record of such communication.

Advice

• Never use intimidating or threatening words to opposite party on email or phone. This may go against you. Control anger and frustration. This is life, and things do happen. What we can do is to learn, inspire and act.
• If your issue is serious or it involves huge financial amount, you are advised to get our non-profit support hereunder the plan.
• Just because the opposite party is rich and retained top lawyer, does not make your winning chances bad. You win your case on the basis of reasonable evidence and facts. No one can change that once it has happened. What you need here is adequate patience, ability to learn and implement new lesson, obtain knowledge for the process, and never let the opposite party use your weakness.
• Allow opposite party 15/20 days to respond to your notice.
• Send notice by Registered post/Courier. court 15/20 days from the date of notice delivery.
• If the opposite party does not respond, file consumer petition in the local forum. (you can contact us from Facebook Free Legal Aid forum for next-level support)
• If you can’t go to consumer forum for your hearing, do not worry, you can send your friends, relatives on your behalf. Consumer Forum is friendly and helpful. It does not work like other civil or criminal courts. If you face political or other issues in the forum, you can get back to us, we will help you with our guide to address such a situation.

eBook

You can buy eBook: File Consumer Complaint without Lawyer: A Solid Guide to Contest, Resolve & Win Your Consumer Court Case like a Pro in India.

The purpose of this eBook is to enable readers to file complaints before court/forum or resolve without approaching the court in a strategic way on their own without expert help and open up tricks and tips which are even rarely used or known to the most senior lawyer. This book is for those consumers and people who want to fight consumer cases and complaint from scratch. It is also useful for everyone to resolve a complaint that they face on a daily basis from brands and service providers. This saves huge legal costs, and help save time and fix issues appropriately.

Legal Notice Format – Consumer Case (New format – Consumer Protection Act – 2019)

Click Here to Download Legal Notice Format for Consumer Case. This resource is a part of our Facebook Free Legal Aid and eBook users support programs. It is essential you send us to notice for review, however as long as you feel it fit for your use, use it for your personal reference. You are advised to use resources and support on your discretion and risks. Edit draft as per your case, keep it short and be reasonable with your demand and solution. The goal is to ensure your rights as a consumer are protected.

What is Consumer Rights?

(Double-check, has your service/Goods provider violated any of the below rights?)

Right to Safety

Means the right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs but also fulfil long term interests.

Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI, AGMARK, etc

Right to be Informed

Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices.

The consumer should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high-pressure selling techniques.

Right to Choose

Means right to be assured, wherever possible of access to a variety of goods and services at a competitive price. In the case of monopolies, it means right to be assured of satisfactory quality and service at a fair price. It also includes the right to basic goods and services. This is because unrestricted right of the minority to choose can mean a denial for the majority of its fair share. This right can be better exercised in a competitive market where a variety of goods are available at competitive prices

Right to be Heard

Means that consumer’s interests will receive due consideration at appropriate forums. It also includes the right to be represented in various forums formed to consider the consumer’s welfare.

Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers.

Right to Seek redressal

Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes the right to fair settlement of the genuine grievances of the consumer.

Consumers must make a complaint about their genuine grievances. Many times their complaint may be of small value but its impact on the society as a whole may be very large. They can also take the help of consumer organisations in seeking redressal of their grievances.

Right to Consumer Education

Means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.

You get more rights under the Consumer Protection Act 2019 as below;

Right to file a complaint from anywhere 

According to this new right, consumers can now file a complaint with the District Consumer Commission or State Consumer Commission from anywhere, home, office or while on a weekend trip. Presently, the consumers are required to file a case only at the place where the product was purchased or where the seller of the product has his registered office. The consumer affairs ministry will now frame rules for electronic filing of complaints and specify norms for paying the required fee digitally. This will reduce harassment of consumers to a great extent.

Right to seek compensation under product liability

Any complainant can file a case against the manufacturer or seller of a product for any loss caused to the complainant on account of a defective product, which applies to all services. If there is a manufacturing defect or the product in question does not conform to the express warranty the manufacturer or the seller will be held liable. This provision brings e-commerce under its ambit.

Right to protect consumers as a class

If you have a complaint that relates to a violation of consumer rights or unfair trade practices or misleading advertisements that are prejudicial to the interests of consumers as a class, you can do two things. Forward the complaint in writing or in electronic mode to district collector or the commissioner of regional office or the Central Consumer Protection Authority (CCPA) for a class action.

Right to seek a hearing using video conferencing

According to this, any complaint will be presented before the district commission based on an affidavit and documentary evidence placed before it. If an application has been forwarded by a consumer for hearing through video conference, the commission can allow for this provision.

Right to know why a complaint was rejected

No commission can reject a complaint without hearing the complainant. The commission, in fact, must decide about admitting or rejecting a complaint within 21 days, by which if it is not decided then the complaint is deemed as having been admitted.

Additional right such as the right to education, the right to get basic amenities to satisfy fundamental needs, environmentally healthy environment is implied guarantee from the constitution of India.

Follow next step here to prepare and submit your consumer complaint petition before consumer commission/Court.

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