How to file a Consumer Complaint in Consumer Court

INTRODUCTION

Imagine saving for months to buy your first ever laptop with your own money. Within a week, it starts malfunctioning; screen starts lagging, battery drains fast or laptop starts overheating. You contacted the seller, but they didn’t take the accountability, asking you to contact the manufacturer. The manufacturer’s customer service asks you to wait indefinitely, and you receive nothing more than the automated response.

You pay for the quality product and reliable service, yet you’re left frustrated with no solution in sight. Situations like these are more common than people realize. Whether it’s faulty product, poor quality service, delayed deliveries or misleading advertisement, consumers often find themselves at a disadvantage.

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Most of the consumers believe that there is little they can do in such situations beside posting negative reviews and accepting the loss they faced. In reality, Indian laws provide a legal framework that allows the individual consumers to seek redressal through the dispute redressal commission which is commonly known as Consumer Court.

In this article, we’ll walk through the step by step process of filing a consumer complaint in India, both in Online and Offline modes, explaining the documents you’ll need, discuss the jurisdiction of consumer commission and some other practical tips.

Who can file a complaint?

• Any person who:
  1. Buys the goods/services for personal use
  2. Pays consideration (Partly/Fully)
  3. Use the goods with buyer’s permission

(A person purchasing goods for commercial or resale purposes is not considered as a consumer.)

• In the case of minor, elderly people, deceased or the people with disability, a guardian, legal heir or someone with a power of attorney can file on their behalf.
• Multiple consumers with common grievances against the same business entity can file a joint complaint or a class-action suit.

In which scenario can you file a complaint?

A consumer complaint can be filed in the case of:

• Defective Products
• Poor or Deficient Services
• Unfair Contract or Unfair Trade Practices or Restrictive Trade Practices adopted by the trader or service provider
• Overcharging for the products or services
• Misleading claims

Where to file the complaint?

Determining the correct Jurisdiction is very crucial, as filing the complaint in the wrong jurisdiction may result in rejection. There are two kinds of jurisdictions under the Consumer Protection Act.

1. Pecuniary Jurisdiction (Based on the value of the claim)

The current pecuniary structure is as follows:

2. Territorial Jurisdiction

The Act now allows consumers to file complaints from their place of residence, or where he/she works for gains. This makes the redressal more accessible and consumer-friendly.

Steps to file a consumer complaint

Step 1: Send a legal notice to the opposite party

Before filing the complaint in any consumer commission, it is advisable to send a formal notice to the seller/trader or the or the service provider. This notice should clearly describe the defect or the problem of the product or service, and the relief you expect from them; it could include, refund, replacement, compensation etc. And you need to give them a reasonable amount of time to respond- which is usually 15 to 30 days.

It gives the other party a chance to resolve the dispute outside the court, which is considered more quick and efficient and if the other party refuses to act, it gives the complainant a reasonable ground to proceed with the formal complaint.

Step 2: Drafting the Complaint

Unlike other plaints, this complaint doesn’t need to be filed on a stamp paper, any white paper would do the work. The complaint can be both handwritten or typed. It must have the following details:

1. Name and Address of Both the Parties: Complainant and Opposite Party (Seller, Service Provider, Manufacturer)
2. Date and Details of the transaction: The date and time when the transaction took place.
3. Facts of the case: The cause of action, defects or deficiency in the product or service
4. Relief Sought: Relief that you want from the court; it could be refund, replacement, compensation etc.
5. Supporting Evidence: Copy of Invoice, receipts, medical report, photo evidence, warranty cards etc.

Step 3: Attach the relevant documents

The documents to be gathered before filing a complaint are:

1. Proof of Purchase of goods/services: Original Bill, Invoice, receipt, warranty card etc.
2. Proof of Defect/Deficiency: Photographs, Videos or Lab reports where applicable.
3. Communication Records: Records of chats, call recordings, E-mails or written complaints etc. These records show that the opposite party was informed of the defect or deficiency in their product/services but they failed to respond or act on it.
4. Identity proof of the Complainant
5. Filing Fee: Nominal fee based on the claim value
6. An Affidavit: The Affidavit verifies that the facts stated above are in the best of the knowledge of the Complainant.

Step 4: Submit the Complaint

Under the Consumer Protection Act, the complaint can be filed in person, by post or electronically through the official website or eJagriti Portal.

Filing of Complaint (Online)

Electronic Consumer complaint can be filed through various portals, like:

• National Consumer Helpline
• E-Jagriti Portal- https://e-jagriti.gov.in/
• NCH Mobile App/UMANG App
• Helpline number: 1800-11-4000 or 1915.

National Consumer Helpline

1. Visit the official website https://consumerhelpline.gov.in.
2. Click on the “Register Grievance” option to create a consumer account.
3. Fill all the necessary details, create a password and verify your phone no. through OTP. Once verified, your account is created.
4. Login into the above created consumer account.
5. Select on the option “file a complaint” on the Dashboard.
6. Fill the complaint form with all the necessary details.
7. Upload the scanned copies of the documents like complaint letter, legal notice, Proof of purchase and the record of communication.
8. Pay the court fee through UPI, cards or net banking
9. Review your form and click on “submit”.
10. You can click on “track complaint” to track the status of your complaint.

Filing of Complaint (Physical)

If you want or prefer to file a complaint physically, you can visit the nearest Consumer Commission Office in person. (Depending on the Jurisdiction)

1. Prepare 3-4 Photocopies of the entire plaint and supporting documents, which we prepared above in Step 3 and 4.
2. One set is for your reference, one for each opposite party (If there are more than one), and one is for the court.
3. From the post office, buy the Postal order in favour of the Registrar of Consumer Commissioner, (If fee is applicable)
4. Visit the Consumer Commission Office during office hours; which is usually from 10:00AM to 5:00PM, from Monday to Friday.
5. Submit the complaint at the counter along with all the supporting documents, copies of plaint, Affidavit and Postal Order.
6. Collect the stamped copy of the plaint along with the case number.
7. Wait for the issuance of notice to the opposite party and notification for the first hearing of the case.

What happens after you submit the complaint?

After the complaint is submitted in the consumer commission, it either gets accepted or rejected. If accepted, the commission sends a notice to the opposite party, within 30 days. The commission gives time to the opposite party to give a written statement.

If the commission feels that there’s a chance of settlement, it may refer the parties to its Mediation Cell, which is considered to be a faster alternative dispute resolution method.

If mediation fails then the commission proceeds with the hearings and tries to settle the dispute within 3 to 5 months, depending on the need of the case.

At last, the court passes a final order; i.e. the Judgement. It can be in favour of either the complainant or the opposite party. The Court has the power to get the order executed.

What happens if you’re not satisfied with the Judgement of the Court?

If you’re not satisfied with the Judgement of the District Consumer Commission, you can appeal to the State Consumer Commission within 45 days of the issuance of the Judgement.

If your case was in the State Consumer Commission, then you can take the appeal to the National Consumer Commission within 30 days.

Conclusion

At the end, I just want to remind the consumers that you have the power to hold these business entities accountable, don’t stay silent when you face such situation. File complaint against them, let them know that Indian Consumers know their right and can fight for it.