Complaint - Definition - Law Dictionary Home Dictionary Definition complaint

Definition :

Complaint. This term is most generally used with reference to Courts of Summary Jurisdiction where proceedings are commenced 'on information,' but is also sometimes used to describe a claim in an action of a civil or quasi-civil character. See STATE-MENT OF CLAIM. As to when a 'complaint' made to a third person and not in the presence of the accused is admissible as evidence, see R. v. Osborne, (1905) 1 KB 551, and as to statements made in the presence of the accused, see R. v. Norton, (1910) 2 KB 496.

Means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (d)]

Means--

(i) a consumer; or

(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or

(iii) the Central Government or any State Govern-ment, who or which makes a complaint;

(iv) one or more consumers, where there are numerous consumers having the same interest;

(v) in case of death of a consumer, his legal heirs or representative. [Consumer Protection Act, 1986 (68 of 1986), s. 2 (1) (b)]

The word 'complaint' has a wide meaning since it includes even an oral allegation. It may, therefore, be assumed that no form is prescribed which the complaint must take. It may only be said that there must be an allegation which prima facie discloses the commission of an offence with the necessary facts for the Magistrate to take action. S. 190(1)(a) of the Criminal Procedure Code, 1898 makes it necessary that the alleged facts must disclose the commission of an offence, Bhimappa Basappa Bhu Sannavar v. Laxman Shivarayappa Samagouda, 1970) 1 SCC 665: AIR 1970 SC 1153: (1971) 1 SCR 1.

The expression 'complaint' is not defined in the Post Office Act, 1898 but the 'complaint' contemplated under S. 55 one that initiates a prosecution on the basis of which the accused if found guilty is punishable with imprisonment for a term which may extend to two years and also with a fine. That being so the expression 'complaint' in s. 72 cannot be equated to mere information or accusation. The context in which that expression is used in s. 72 indicates that it is a formal document indicting an officer of the postal department for a criminal offence, Bholanath Amritlal Purohit v. State of Gujarat, (1970) 2 SCC 414: AIR 1971 SC 194 (195): (1971) 1 SCR 817. [Post Office Act (6 of 1898) s. 72]

'Complaint' will include any allegation in writing made by a complainant that 'the services mentioned in the complaint suffer from deficiency in any respect', Om Prakash v. Asstt Registrar, Haryana Agro Industries Corpn. Ltd., (1994) 3 SCC 504 (508). [Consumer Protection Act, 1986, s. (2) (1) (c) (ii)]

A petition addressed to the Magistrate containing an allegation that an offence has been committed and ending with a prayer that the culprits be suitably dealt with, as in the instant case is a complaint, Mohammed Yousuf v. Afaq Jahan, AIR 2006 SC 705. [Criminal Procedure Code, 1882, s. 2(d)]

Means any allegation in writing made by a complainant that--

(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader;

(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;

(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect;

(iv) a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods;

(v) goods.........goods, Delhi Vidyut Board v. Devendra Singh, (2006) 1 CPJ 377.