How to File A Consumer Complaint: A Step-By-Step Guide for Indian Consumers

The internet age has seen shopping through an e-commerce phenomenon of Amazon, Flipkart, and Myntra, offering globally available products within arm's reach. In the process, however, this ease has multiplied complaints with regard to defects in products, substandard services, and fraudulent practices by sellers operating on various platforms. For instance, the consumers sometimes receive a lot of stones instead of cell phones or sometimes cases where fictitious merchandise is received instead of the advertised one.

That's why Consumer Protection Act, 2019 (“Act”) is formed in such a way to ensure not only consumers have rights but also readily available. It’s aneasy mechanism for redressal of disputes. Knowing how one can file a complaint and when one can approach for redressal in this e-commerce dominated market today is important and has become a trend for consumers.

For the sake of introduction, consumer under section 2(7) of the Act is a person who buys goods or avails services for considerations including deferred payments but not for resale.

This is a guide that takes you through lodging a consumer complaint, outlining rights as a consumer, when to approach the consumer courts, and what reliefs available under the Consumer Protection Act.

Who Can File a Consumer Complaint?

The following persons can file a complaint before the consumer forums:

• As a Consumer: When buying goods or services especially when money is exchanged for them, which are purchased for personal use and not for resale.
• Voluntary Consumer Associations: Associations that are registered under the Companies Act or any other law.
• Legal Heirs or Representatives: If the consumer has already died, his/her heirs or legal representatives may file a complaint.
• Government: Under this category, an office of the central or state government can file a complaint as a consumer's representative.
• Class Action: In case several consumers have a similar grievance, then they can make a joint complaint which is usually a class action as described in western countries.

Grounds for Filing a Consumer Complaint

Under the Act, a consumer can file a complaint under the following circumstances:

• Unfair Trade Practices: When the seller or service provider deliberately advertises untrue products and services or makes false representations with an aim to lure consumers.
• Defective Goods: When a buyer receives defective goods which were sold or agreed to be sold.
• Servicing Deficiency: Failure by the services hired or availed to meet adequately set standards or performance.
• Overcharging: This is a scenario where goods or services are sold above the price that was displayed, advertised, and agreed upon by both parties.
• Hazardous Goods or Services: The goods or services that is hazardous to the health or safety of a customer which are aimed to be sold to consumers.

Steps to File a Consumer Complaint in India

a)    Gather Evidence

For building the strength of a case, collecting all relative documents together is a pre-requisite to initiate a consume complaint. These documents can be of the following nature:

• Receipts of purchasing-invoices and bills.
• Pictures or video evidence of flawed goods or service deficiency.
• Service contract warranties and agreements.

b)    Settlement with Service Provider or Seller

Before approaching the consumer court, raising the issue with the service provider or seller can often resolve the issue at a nascent stage instead of delving into protracted complaints procedure.

c)    Draft a Formal Complaint

If the issue remains unresolved, draft a formal complaint detailing:

• Your name, address and contact details.
• The name and address of the seller or service provider.
• A brief summary of the problem.
• The relief or compensation you are seeking.
• Any supporting documents regarding your claim.

d)    Filing a Complaint Online or Offline

You can file a consumer complaint either online through the E-Daakhil Portal or offline by approaching the following consumer forums:

• District Consumer Disputes Redressal Commission (DCDRC): For claims up to INR 1 crore.
• State Consumer Disputes Redressal Commission (SCDRC): For claims between INR 1 crore and INR 10 crores.
• National Consumer Disputes Redressal Commission (NCDRC): For claims exceeding INR 10 crores.

e)    To file a complaint online:

• Visit the E-Daakhil Portal (https://edaakhil.nic.in).
• Register by providing your credentials.
• Submit your complaint and upload all supporting documents.

f)    For offline complaints:

File your complaint in three sets (DCDRC or SCDRC) or four sets (NCDRC), along with additional sets for each opposite party.

g)    Attend the Hearings

The consumer forum shall inform both parties and the date of hearing are given for the case to proceed forward. One must be present at the date of hearing.

Challenges in Filing a Complaint

It is important to note that you cannot file a consumer complaint if:

• The statutory period of two years i.e., the period of limitation from the date of the cause of action has lapsed.
• The complaint does not fulfill the requirements under the Consumer Protection Act. For example the litigant does not fall under the definition of a consumer or the nature of services that were offered was not considered defective.

Situations Where Filing a Consumer Complaint Is Not Possible

The Consumer Protection Act is framed to protect the rights of the consumer. However, there will be situation where filing a complaint may not be permitted. The following are examples of situations where consumer complaints cannot be made.

The Consumer Protection Act protects consumers who buy goods or services strictly for personal use, excluding those with commercial or resale purposes. If the purchase is done with the intention of reselling or simply for operations involving business functions, then the buyer does not fall under the definition of a consumer as given by the Act and a consumer complaint cannot be made.

For example if a retailer bought 100 mobile phones from a seller to sell in his shop. The retailer, after taking delivery thereof, discovers that 10 of them have manufacturing defects. Since these have been bought for the purpose of resale and not for personal use, this retailer cannot lodge a complaint as a consumer under the Consumer Protection Act. However, the remedy for the retailer lies in enforcing the business contract in commercial litigation, rather than going to a consumer forum.

A situation may arise where a consumer complaint cannot be preferred when services are offered without any consideration or compensation i.e., they are offered free of cost. The Act applies only to paid services where the consumer has directly or indirectly provided compensation.

For example a community welfare program conducts free medical checkup for the participants by a non-profit organization. A participant gets his check-up done, but he is dissatisfied with the service and also thinks that his diagnosis was wrong. He unnecessarily gets anxious due to this. Since medical services were given free, the participant cannot lodge a consumer complaint for deficiency in service.

Other situations where consumer complaints cannot be entertained:

• Expiry of Limitation Period: A customer trying to file a complaint for a defective product three years after purchase will have their claim rejected due to the time limit.
• Frivolous Complaints: Filing a complaint over minor dissatisfaction, such as disliking the color of a product that was exactly as advertised, may be dismissed.
• Personal Contracts: An employee cannot file a consumer complaint against an employer for wrongful termination under the Consumer Protection Act.
• Matters Pending in Other Courts: A complaint about defective goods cannot be filed in consumer court if the same issue is already part of an ongoing civil lawsuit.

Reliefs Available Under the Consumer Protection Act

When a consumer court upholds your claim, it can grant various forms of relief:

• Refund and Compensation: Cost incurred by a consumer with the quantum of damage.
• Removal of Defects: A seller or service provider may be ordered to remove defects in the goods or services.
• Substitution of Defective Goods: If practicable, defective goods are substituted.
• Withdrawal of Hazardous Goods: The court may order hazardous goods to be withdrawn from the market.
• Damage: Compensation could be physical, mental, or financial loss on the part of the buyer on account of defective goods or deficient services.
• Legal costs: Reasonable costs of litigation may be awarded to the consumer.

Additional Information on Filing

You can submit consumer complaints on all working days, Monday to Friday, between 10 AM and 4:30 PM at the designated consumer court redressal centres. All complaints must be supported by a notarized affidavit and should include any relevant evidence along with particulars of the complainant i.e., the aggrieved consumer.

Conclusion

The Consumer Protection Act is an important legal framework to safeguard the rights of all consumers, and it has led the consumers to be vigilant of defective products, misleading advertisements, and deficiencies in service. The approach offers accessible legal remedies and makes it easy to refer disputes to consumer forums at the district, state, and national levels without entering into costly civil suits. Consumers are, therefore, not as susceptible to unfair trade practices as they used to be and in view of these practices, ethical business standards are once again reinforced.

Finally, the Act bridges the gap between consumers and businesses, thereby fostering fairness and transparency in the market. It empowers consumers not only individually but also through collective complaints, hence amplifying their voice in cases of grievances that reach a wide audience. As markets keep changing, so will the laws which will remain a powerful tool to ensure accountability where consumers can confidently stand up for their rights and seek justice when wronged.


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