Consumer Law6 min read

Why Your Consumer Complaint Gets Dismissed: The Wrong Relief Prayer Problem

The prayer section of your complaint tells the forum exactly what you want. Get it wrong and you may win your case but lose your remedy.

By Adv. Ganesh Shriram G RยทSG Law Indiaยท20 December 2024

The relief prayer is the last section of every consumer complaint. It is also the section most party-in-person complainants get catastrophically wrong. I have seen complaints where the consumer had an excellent case on the facts but received a fraction of what they were entitled to, simply because the prayer was drafted poorly.

Consumer forums grant only what you ask for. This is a fundamental principle of civil adjudication โ€” the court or forum cannot give you more than what you prayed for. If you asked for โ‚น50,000 as a lump sum covering everything, that is all you will get โ€” even if you were entitled to โ‚น2 lakhs if properly computed and prayed.

What a Relief Prayer Actually Is

The relief prayer is a numbered list at the end of your complaint that tells the forum โ€” in precise, legal terms โ€” exactly what you want it to order. Think of it as your shopping list for justice. If it is not on the list, the forum cannot give it to you.

A complete consumer complaint should have, at a minimum, three separate prayers. Most party-in-person complaints have only one โ€” usually something vague like 'I want my money back and compensation.'

The Three Prayers Every Consumer Complaint Must Have

Prayer 1 โ€” The Principal Relief: This is what you lost. If you were sold a defective product, pray for a refund of the purchase price. If the service was deficient, pray for the amount you paid. State it precisely: 'Direct the Opposite Party to refund โ‚น45,000/- (Rupees Forty-Five Thousand only) being the purchase price of the defective product, along with interest at the rate of 12% per annum from the date of purchase until payment.'

Prayer 2 โ€” Compensation for Mental Agony, Harassment, and Inconvenience: This is separate from your principal loss. It acknowledges that you suffered beyond just the financial loss โ€” you spent time, faced stress, made multiple phone calls, missed work, or experienced emotional distress. Under Section 39(1)(d) of the Consumer Protection Act 2019, the forum is empowered to award this. A reasonable amount should be calculated based on the severity of your experience, the duration of the dispute, and the conduct of the Opposite Party.

Prayer 3 โ€” Litigation Costs: You have spent money filing this complaint โ€” on stamp paper, notary charges, advocate fees if any, travel to the forum. Section 39(1)(g) entitles you to claim these as a separate head of relief. Without this prayer, the forum cannot award costs. With it, even a pro bono complainant can recover a reasonable amount.

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You may also add optional prayers: Prayer 4 โ€” Punitive damages under Section 39(1)(m) for gross negligence or conscious disregard of consumer rights. Prayer 5 โ€” Corrective advertisement under Section 39(1)(l) if the complaint involves misleading advertising.

The 5 Most Common Prayer Mistakes

  • โœ—
    Combining refund and compensation in one prayer
    Writing 'I want โ‚น2,00,000 as refund and compensation' means the forum awards one amount covering both. Ask for them separately and justify each.
  • โœ—
    Not specifying interest
    You are entitled to interest from the date of cause of action. Without a prayer for interest, you will not get it. Specify: '12% per annum from [date] until realisation.'
  • โœ—
    Round numbers without justification
    Praying for 'โ‚น5 lakhs compensation' without any explanation of how you arrived at that figure appears arbitrary and courts treat it with scepticism. Build up to the number with a breakdown in the complaint body.
  • โœ—
    Omitting the direction to the Opposite Party
    Each prayer should specify who should do what. 'Direct the Opposite Party No.1 to...' is correct. 'Award compensation of...' without naming the party is incomplete.
  • โœ—
    Asking for things the forum cannot give
    Consumer forums cannot award criminal penalties, injunctions in most cases, or specific relief that requires continuous supervision. Asking for these weakens your credibility on the prayers you are legitimately entitled to.

A Sample Well-Drafted Prayer Section

The Complainant therefore most respectfully prays that this Honourable Commission may be pleased to:

(a) Direct the Opposite Party No. 1 to refund โ‚น45,000/- (Rupees Forty-Five Thousand only), being the purchase price of the defective product, together with interest at 12% per annum from the date of purchase i.e. [date], till date of actual payment;

(b) Direct the Opposite Party No. 1 to pay โ‚น50,000/- (Rupees Fifty Thousand only) as compensation for mental agony, harassment, and inconvenience caused to the Complainant, under Section 39(1)(d) of the Consumer Protection Act 2019;

(c) Direct the Opposite Party No. 1 to pay โ‚น15,000/- (Rupees Fifteen Thousand only) towards litigation costs incurred by the Complainant under Section 39(1)(g) of the Act;

(d) Pass any other order(s) as this Honourable Commission deems fit and proper in the facts and circumstances of the case.

Notice how each prayer has a separate letter, a specific amount, a specific direction to a named Opposite Party, and where applicable, a statutory basis. This is the standard an advocate-drafted complaint is expected to meet.

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Don't make these mistakes.

Let an advocate draft your complaint with all required sections, correct relief prayer, and verified jurisdiction โ€” for โ‚น299.

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