Once you have decided to file a consumer complaint, your next step should be to determine where such complaint should be filed. Consumer Protection Act states that a consumer can file a complaint in the District Forum where:
The company resides or carries on business or has a branch office or personally works for gain; or
The cause of action arises.
This article will deal with the first one ? where the company resides and carries on.
Though, there can be two different situations under this head-
a. Where there is only one opposite party (one brand) or
b. Where there are more than two parties (two brands)
Let us look into the first part closely:
a. Where there is only one opposite party (one brand) If you wish to file a complaint against only one opposite party i.e. the company, then you can file this complaint with the Forum where the opposite party:
has a branch office, or
personally works for gain
carries on business.
It means that you can file a case against a person where he/she lives or carries on business or works for profit. In case of a company or other artificial entity such as a partnership, you may file a case against it where their registered office is, where their branch office is or where they carry with their business.
Now, let us look at the second part.
b. Where there are more than two parties (two brands):
If you are willing to file a complaint for more than one person (or company), then you can file this complaint in with the Forum where all the opposite parties:
carry on business, or
have a branch office, or
personally work for gain
In case all the opposite parties do not reside or carry on a business or have a branch office in the same area, then you can file the complaint where any of them reside, or carry on business or have a branch office, provided you obtain:
permission of the Forum where you intend to file the complaint, or
So, this is how you can file a consumer complaint in two simple steps.
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