I want to file a case in consumer court
2 Answers
Dear Client, you have taken the right initiative by preparing a draft. Filing before the consumer court does not require a lawyer and the format is fairly standardized. Here is detailed guidance on both where to get the exact format and how to structure your complaint.
On which forum to approach, under the Consumer Protection Act, 2019, the forum depends on the value of your claim. If the amount involved in your dispute with Shriram Finance is up to Rs. 50 lakh, file before the District Consumer Disputes Redressal Commission of your district. If it exceeds Rs. 50 lakh but is below Rs. 2 crore, file before the State Commission. For amounts above Rs. 2 crore, go to the National Commission at NCDRC. For most vehicle finance or personal finance disputes with Shriram Finance, the District Commission is the appropriate forum.
The best source of information on obtaining the appropriate draft format for filing a complaint against Shriram Finance as described above is the government's e-Daakhil portal (edaakhil.nic.in). The e-Daakhil portal provides a complete online filing process for filing a consumer complaint by providing step-by-step instructions for doing so. Each page of the e-Daakhil website has a detailed walkthrough of the required information, including complainant's name and address, opposite party's name and address (Shriram Finance), the cause for filing the complaint with the appropriate dates, the resolution you are trying to resolve, and an affidavit of truthfulness. You may also find the appropriate draft consumer complaint format on your respective State Consumer Commission website. The National Consumer Disputes Redressal Commission website (ncdrc.nic.in) also provides a complete consumer complaint draft format in the guidelines section of its website.
Even if you don't use the same format as described above, your complaint must contain the following information:
1. Your full name and address.
2. The full name and registered business address of Shriram Finance (the opposite party).
3. The dates you used their service and what happened, along with all communications that you created with Shriram Finance for redressal, including Shriram Finance’s response to your inquiries.
4. The date of the cause of action and the relief (or value of monetary compensation) for which you are seeking relief; and that all stated facts in your complaint are true to the best of your knowledge as evidenced by a sworn statement.
You must append to your complaint all documents that support your complaint including the loan agreement (i.e. the agreement to repay Shriram Finance for the money they gave to you), evidence(s) that you made payments under the loan agreement, emails and/or letters of complaint that you sent to Shriram Finance, records of their reply to your complaint(s), and any other documentation that supports your claim for relief.
After you file your complaint, you should send Shriram Finance a formal legal notice that will allow them 15 days to resolve the matter(s). If they do not respond satisfactorily, the notice and their response (or non-response) is part of your complaint record.File three sets of the complaint with all annexures at the District Commission. The filing fee is nominal and based on the claim amount as notified under the Consumer Protection Act, 2019.
I hope this helps, and if you have any further issues, do not hesitate to contact us.
Dear Client,
You can get a proper consumer court format complaint from the official NCDRC/DCDRC websites (they provide a standard format under the Consumer Protection Act, 2019), and many State level consumer court portals and sites like e-Jagriti or similar “consumer awareness” portals also publish ready to use complaint templates that you can adapt for Shriram Finance. Otherwise, you can also send it to a local consumer law advocate or use a legal aid cell at your District Consumer Forum, which often helps litigants draft or correct their complaint free of cost before filing.
I hope this helps and if you have any further issues do not hesitate to contact us.