When & How to File a Consumer Complaint in India?

The enormous growth observed by the e-Commerce industry is not a mystery for anyone. Especially in India, e-Commerce platforms like Amazon, Flipkart, Myntra, etc., have proven to be incredibly successful through their services that bring all the products around the globe to the fingertips of an individual in the comfort of their home. However, people are not unfamiliar with the various instances where people experience loss or damage due to unfair trade practices of a few sellers on such e-Commerce platforms.

For example, a consumer ordered a smartphone through an e-Commerce website on the Internet but was delivered a box full of stones instead. When they reported the issue and wanted redressal, they were adequately compensated.

With the rise in the number of services being offered online through such e-Commerce platforms, it is extremely important to know the proceedings of the Consumer Courts and when you can apply for redressal for fraudulent instances.

Consumer courts, in several instances, have passed judgements that not only ordered for proper compensation of the amount paid, but also included interest on the amount paid.

What are the Grounds to File a Complaint?

The grounds wherein a consumer can file a complaint are mentioned below. In such cases, a legal notice creates an opportunity to sort the issue without approaching the forum, especially if the opposite party is willing to compensate or address the issue through some other means. Besides, it informs the opposite party of the potential litigation they may have to face as well.

• Usage of unfair trade practices or restrictive trade practices by the service provider.
• Defective goods – includes both bought and agreed to buy products.
• Shortcomings in services – includes hired, availed, agreed to hire, and agreed to avail.
• Overcharged goods or services as compared to what was exhibited by the seller/service provider, agreed by both parties or displayed on the product.
• Sale or offering hazardous goods or services.

Who can File a Complaint?

Any consumer can file a complaint with the Consumer Court with respect to any fraud they may have experienced. An individual shall be considered a ‘consumer’ if they fulfill the following conditions:

• They have purchased a good or availed of any service in exchange for some value, i.e., they have paid money for it.
• They have bought goods for personal use, and not for resale or commercial purposes.
• Voluntary consumer association: any association that is registered under the Companies Act, 1956 or any other law.
• Central or state government.
• They are one or more consumers, who have similar interests.
• They are the legal heir or representative of a consumer that has passed away.

Note: Not only a consumer, but their heir, legal representative, or a voluntary consumer association can file a complaint on their behalf.

Note: If anyone falls under the ambit of a ‘Consumer’, they need to identify under which ground they shall be filing the ‘complaint’. Complaint, over here, refers to the allegation made by the complainant in a written form.

When can you NOT File a Consumer Complaint?

• The statutory period of 2 years has ended from the date of cause of action.
• The complaint does not have the legal capacity to be filed.

What should a Consumer Complaint include?

The complaint filed by the consumer should include all the details like:

• Name and address of all parties involved.
• Short facts about the case.
• Cause of action.

It should also include any other relevant details, like:

• The location.
• Date and time.
• Relief claimed by the consumer.
• Any evidence or document that would prove that the individual has availed of the service or purchased the product or of the defect/deficiency in goods or service or anything that justifies any other allegation stated in the complaint.

Where to File the Consumer Complaint?

Complaints filed with the District or State Commission must be filed in three sets, while all complaints made with the National Commission should be filed in four sets along with additional sets for each of the opposite parties.

Consumers can file complaints on all working days, i.e., Monday to Friday between 10am to 4:30pm. The complaints must be signed and supported by a Notarized attested affidavit and submitted at or sent to the following address:

Ground Floor, Upbhokta Nyay Bhawan, ‘F’ Block,
General Pool Office Complex, INA,
New Delhi – 110023

You can also check the status of your case by sending a simple SMS. Send the message as per the following format on +917738299899:

Type <0/0/Case No>

You can also file the compliant at https://edaakhil.nic.in/

Reliefs under the Consumer Protection Act

• Refund of the consideration paid by the Consumer to purchase the product or avail the service along with additional compensation for damages faced by the Consumer and litigation costs.
• Removal of defects, i.e., if the forum determines that actual defects exist, it may pass an order to resolve or remove those defects.
• The forum may order the replacement of goods by the service provider, if it is feasible.
• Banning the sale of hazardous goods and passing an order for it to be withdrawn from the market.
• Ordering the removal of the deficiency from services, if feasible.
• Adequate compensation to be awarded to the complainant if it is proved that they faced physical, mental or any other loss or damage due to usage of the purchased goods or from availing the service.
• Payment of the adequate cost or litigation costs, if it is claimed by the Complainant.

Conclusion

Besides, numerous Acts such as the Sales of Goods Act, the Indian Contract Act, etc., have legal provisions that aim to protect consumer rights. In case someone’s consumer rights are violated, the normal approach to seek redressal would be to file a civil suit, which can be very expensive and time consuming.

To help avoid this tedious process, a more appropriate Act that aims to address such violation of consumer rights, known as the Consumer Protection Act, was created.