• Need advice on filing a case in district consumer court

I wish to file a consumer case in Bangalore district court, against IOC(Indian Oil Corporation) for delayed delivery of LPG and no response to complaints. Need help with documents required and procedure.

The LPG delivery takes over a month. LPG booked on 10 Feb, is not delivered yet, online system booking date fraudulently changed to 24th feb. I have an sms confirming the booking on 10 feb. Multiple complaints have been filed via toll free number, email to central as well as area office and no response.

I am assuming the first step of filing a complaint with the organization is done and I can now approach the consumer court. Please advise
Asked 2 years ago in Civil Law from Bangalore, Karnataka
1) issue legal notice to IOPC regarding deficiency in service and seek compensation for mental torture you have undergone . 

2) if no reply received file complaint with consumer disputes redressal forum in Bangalore .

3) in the complaint state detailed facts of case , correspondence exchanged via emails , reliefs claimed . 

4) pray for compensation for mental torture undergone by you
Ajay Sethi
Advocate, Mumbai
25893 Answers
1410 Consultations
5.0 on 5.0
1) you can file complaint on your own . it is not necessary to engage a lawyer . 

2) you can claim Rs 1 lakh as compensation for mental torture undergone by you . 

3) there is no fixed criteria or yardstick of compensation for mental agony as this component depends on the facts and circumstance of each case.  No person can be allowed to claim  compensation at his whims and fancy.

4) The quantum of compensation usually awarded varies from Forum to Forum in cases that may look similar.  There are cases where the  quantum awarded by a District forum is reduced or enhanced in appeal by the State Commission.  In most of the complaints it is the attitude of the presiding officers of the quasi judicial forum that matters. 

5) legal fees for engaging lawyer also vary . case before consumer forum take around 2 years to be disposed of
Ajay Sethi
Advocate, Mumbai
25893 Answers
1410 Consultations
5.0 on 5.0
Dear Vishakha
First of all you have to send a legal notice to Company with all the detail of their deficiency of service and claim compensation if they are not ready to resolve the matter within notice period then you may file a complaint before consumer court/forum.
if you think that you are able to fight the your yourself then there is no need of any lawyer, file a complaint before consumer forum and fight the case on merit.

there is no specific time but it may be more then 6 months.
the money will be spent as per you claim.
Nadeem Qureshi
Advocate, New Delhi
3701 Answers
140 Consultations
4.9 on 5.0
Hi, first you have to issue legal notice against the company and thereafter you have to file a complaint in the District Consumer Forum.

2. If you have knowledge about legal proceedings you can file a complaint by own or else you can get the assistance of   the Advocate.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
147 Consultations
4.3 on 5.0
A. You have booked on 10th Febraury via SMS confirmation, Have you received another SMS regarding your booking LPG request has been cancelled? Because, this type of SMS also delivered to so many customers that sometimes that SMS ignored by the several customers.

B. Once the booking confirmation sms delivered, later that date of delivery confirmation also would be communicated by SMS after 2 or 3 days.

C.If you would like to approach the Consumer Forum, no advocate appointment is necessary as per the Consumer Protection Law, you need to pay complaint register fee and before the registering the complaint better sends legal notice to the LPG service dealer. Later, lodge the complaint by providing SMS track record.

D.Electronic records, i.e., SMS, emails is admissible evidence and it cannot be destroyed in any manner.
B.T. Ravi
Advocate, Bangalore
743 Answers
34 Consultations
5.0 on 5.0
1. The only document required is the booking receipt which was generated when you booked it online. The emails should also be annexed.

2. You can sue IOC to claim compensation for the delayed delivery.

3. Prior to filing the case you can issue a lawyer's notice to the company.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
1. The procedure begins by filing the case which may or may not be preceded by a legal notice to the company.

2. Engage a lawyer as the company will surely have one. You can also get the amount you incurred on your availing the services of your lawyer.

3. No forum will provide you a lawyer. You will have to engage your own lawyer.

4. The amount of compensation can be decided by your lawyer only at the time of filing the case. 

5. The expenses will be the fees of your lawyer. It may take around 6 months in the court.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
1. Draft a petition duly refering to all evidence in support of your allegation,

2. File the petition enclosing copies of all the evidence with adequate copies including copies of the Respondents,

3. Make the dealer also a party to the case,

4. Your case should be before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair business practice claiming the said service, damage and cost,

5. The Forum will send copy of the plaint to the Respondents alongwith the summons.
Krishna Kishore Ganguly
Advocate, Kolkata
13127 Answers
280 Consultations
5.0 on 5.0
1. the said petition will be more on execrcising the right to get services promtly from IOC than claiming substabtial amount,

2. The Forum may not allow substantial amount as compensation but a token amont against IOC,

3. It is advisable to engage a local lawyer,

4. Fees of lawyer varies from place to place and lawyer to lawyer.
Krishna Kishore Ganguly
Advocate, Kolkata
13127 Answers
280 Consultations
5.0 on 5.0

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