Consumer proceedings are meant to be accessible, but a poorly drafted complaint still fails.
Who may complain
Broadly, a person who buys goods or avails services for consideration and not for resale or commercial purpose may approach the consumer commission where there is a defect in goods or a deficiency in service.
Where to file
Jurisdiction depends on the value involved and on where the opposite party carries on business or where the cause of action arose. Filing before the wrong commission causes avoidable delay.
Documents to attach
- Invoice, receipt, policy or agreement
- Warranty terms, where relied upon
- Complaints made to the opposite party and replies received
- Evidence of the defect or of the loss suffered
How the matter proceeds
After filing, notice is issued and the opposite party files a version. Evidence is generally placed on affidavit, brief submissions follow, and the commission decides. Reliefs may include repair, replacement, refund, compensation and costs.
Limitation
There is a time limit from the date the cause of action arises. Delay requires an explanation, and it is not always accepted.
This article is general information about legal procedure and is not legal advice. Facts and applicable law differ from case to case, and no outcome is promised.