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How to File a Complaint Before Hon'ble IT Adjudicating Officer Quasi Judicial Authority in India

The Information Technology Act, ( ITA), was enacted and enforced in India, and has been in effect since October 17, 2000. It was amended later in 2008 by the Information Technology (Amendment) Act in 2008. Under this section (46), people have the option of seeking compensation for damages to/from the affected or aggrieved parties (i.e.: victims to apply for contraventions under Section 66 read with (r/w) Section 43 (a).to..(j) and under Section 43A and other relevant provisions before the IT Adjudicating Officer). Every State has an IT Secretary; and according to the Gazette Notification the State IT Secretary is the adjudicating officer under the IT Act: to adjudicate matters in respect of contraventions to the Chapter IX of the act and the matter/matters or area in the state in which claim for injury or damage does not exceed RS.5 crore.


The Adjudicating officer has the powers of Civil Court which are conferred on the Cyber Appellate Tribunal under sub-section (2) of the section 58.


The resolution time frame for complaint files is 4-6 months under the rules notified in 2003.


Please fact check, , and remove this notice when the article has been improved. You may also comment on the Until any issues are fixed and the template is removed, it may be hidden from search results. Notice added on 2014-11-02.

Steps

  1. Serve a legal notice to the party (Respondent or Defendant).This is optional, however is in sync with Natural Justice Principle of Law.
  2. Fill in the Proforma of Complaint Details.The file can be downloaded from
  3. Prepare the Complaint and affix court fees of Rs.50 along with proforma.
  4. Based on the damages or compensation, the Court Fees are to be prepared in the form of a Demand Draft.Minimum fees and rates (damages by way of compensation fee) are as follows:
    1. Up to Rs.10,000/- 10% ad valorem rounded off to nearest next hundred.
    2. From Rs.10001/- to Rs. 50000/- Rs. 1000 plus 5% of the amount exceeding Rs. 10,000 rounded off to nearest next hundred
    3. From Rs. 50001/- to Rs. 100000/- Rs. 3000/- plus 4% of the amount exceeding Rs. 50,000/- rounded off to nearest next hundred
    4. More than Rs. 100000/- Rs.5000/- plus 2% of the amount exceeding Rs. 100,000/- rounded off to nearest next hundred.
  5. Give an additional copy of the complaint filed with legitimate photocopies of the Annexure to the Adjudicating Officer's Office.
  6. Notice is sent by the Hon'ble Adjudicating Office to the concerned parties for 1st hearing.All the concerned parties appear before the Hon'ble Adjudicating Officer and point out the facts and issues.
  7. After the initial hearing, the procedure and action items are discussed and conveyed to the parties.
  8. Notice for Second date is conveyed to all the parties and the details/information required are to be furnished.
  9. Depending on the nature of the incident, an Interim Order/Relief may be passed.
  10. If required, an additional hearing may be called or the matter is put for final order after detailed reading of the details and documents is furnished by all the concerned parties and with the principles of Natural Justice.

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  • Advocates are not mandatory. It is the convenience of the victim to appoint one. They may represent their case as party in person or through an authorized representative.

Warnings

  • Do not make false complaints or take the Quasi Judicial Authority for granted.
  • Discipline and decorum to be maintained at all times.
  • Matters are for redress, not fights, so the tone of arguments should be kept polite.
  • This is not legal advice. Follow the information completely at your own risk, costs and consequences.
  • This is for information and educational purpose only!





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Date: 11.12.2018, 16:50 / Views: 35541