In this article, Anubhav Pandey and Oishika Banerji of Amity Law School, Kolkata put forth the steps required for filing a consumer complaint.
Table of Contents
Introduction
The Consumer Protection Act of 1986 has two major implications,
- First, it gives consumers the right to file a complaint with the appropriate authority and receive prompt redress;
- Second, it allows consumers to seek compensation for any loss or injury incurred as a result of the manufacturer’s or service provider’s negligence or deficiency in service.
A consumer can make a complaint with a District Forum, State Commission, or National Commission, all of which are empowered by the Act to promote and safeguard consumer rights. This article provides the readers with a guideline that needs to be followed while approaching your local consumer protection authority in case of defective products or services, in a simplified form.
Consumer grievances and the possible way out
District Forums, State Consumer Complaints Redressal Commissions, and National Consumer Disputes Redressal Commissions have been established at the district, state, and national levels, respectively, for simple settlement of consumer disputes. There are now 604 District Forums and 35 State Commissions (for more information, visit ncdrc.nic.in), with the National Consumer Disputes Redressal Commission (NCDRC) as the highest body, functioning at its headquarters in Janpath Bhawan, A Wing, 5th Floor, Janpath, New Delhi.
If your claim is worth less than Rs 20 lakh, you should register a complaint with the District Consumer Disputes Redressal Forum. This forum is held in every district and is presided over by a District Judge or another person qualified to do so.
Approach the State Consumer Disputes Redressal Commission, which is chaired by a High Court Judge, if the claim is worth between Rs 20 lakh and Rs 1 crore. Overall, there are three members of both the district and state authorities, one of them is a woman.
If your claim is worth more than Rs 1 crore, you should submit a complaint with the National Consumer Disputes Redressal Commission in Delhi. A Supreme Court Judge serves as the commission’s chairman. It will be made up of five people, one of them will be a woman. A district order can be appealed to the state level, which can then be appealed to the National Commission.
Procedure for consumer complaint at a glance
The process of submitting a complaint is extremely straightforward. It may be printed on plain paper and filled in with the essential information. After a petition has been notarized, you can file it in person or through an authorized agent by registered or normal mail. Before filing the complaint, make sure you serve the other party with personal or legal notice. 4 copies of the complaint are required in total, with additional copies for each opposing side. The procedure of filing a consumer complaint has been provided hereunder:
- Although it is not compulsory, one may send a notice to the other party specifying a time limit for resolving the dispute.
- Write a complaint that includes all of the necessary information (as given below).
- Notarize the complaint affidavit by a notary public.
- After notarizing, make the needed number of photocopies.
3. To pay the court charge, prepare a bank draft from a nationalized bank.
4. Submit the complaint and court money to the consumer court’s reception clerk, who will provide you with an admission hearing date and a complaint reference number.
5. You will be notified whether or not your case is allowed during the admission hearing. If you are accepted, you will be given a date for your next hearing.
6. The court will send a notice to the opposing party, together with a copy of your complaint, requesting a response within 30 days and inviting it to appear at the hearing.
7. The hearings will continue until a decision is reached on the case.
8. A copy of the court order will be sent via registered mail to all parties.
It is necessary that you attend the proceedings; otherwise, the case might be determined ex parte on the merits.
The necessary elements that your complaint must have
Many consumers have trouble deciding what should be included in their complaints. Your complaint should first and foremost be clear, distinct, and explicit. All paperwork and information must be in order. The following is a list of information needed to file a complaint at the district, state, and national levels.
- A cause-title, i.e. the complaint should have a heading if at all feasible,
- Your name, title, and mailing address,
- The opposite party’s or parties’ name, description, and address,
- The facts surrounding the complaint, including when and where it began,
- How the opposing parties are liable to be prosecuted and why they are responsible or accountable for the petition you file,
- Copies of papers corroborating the accusations in the petition. It is recommended that complainants maintain copies of the complaint/petition and other provided documentation for their records,
- You’ll also need to explain how the case falls under the forum’s jurisdiction, such as whether the opposing party lives, works, has a branch office, or personally works for profit within the forum’s jurisdiction, or whether the cause of action (damaged goods or deficient service) arose within the forum’s jurisdiction,
- You have the right to seek reimbursement from the other party for the costs of your complaint. As a result, add that sum in your complaint.
Process after complaint filing
The complaint must be filed within two years of the event. After that, complaints will only be entertained if you can justify every day of delay to the consumer forum/commission adequately. You may get support from the national consumer helpline by calling 1800-11-4000 or visiting the National Consumer Helpline. Refer to this consumer guide for further information.
While the Consumer Protection Act, 1986 provides you with remedy as a consumer, there are additional statutes that allow you to hold businesses and dealers accountable. For example, under the FSSAI (Food Safety and Standards) Act of 2006, if you receive food poisoning from a packaged product or a restaurant meal, you can file a complaint with the District Food Safety Officer. You can file a complaint with the Advertising Standards Council of India (ASCI), a self-regulatory body for the advertising sector if you believe an advertisement is incorrect or misleading. Similarly, the Banking Ombudsman Scheme exists for banks. These organizations will hold the firm accountable, but they will not provide you with any relief as a customer. Whether you should go to these bodies or the consumer forum depends on the type of relief you’re looking for.
Filing consumer complaints online
You can submit a consumer complaint and seek remedy if you have any complaints about the quality of a brand, product, or service. By contacting the appropriate consumer court and presenting the necessary documentation, several forms of complaints can be filed based on the specific situation. Alternatively, you may file a consumer complaint online by following the steps below.
Reach out to the website
The Consumer Online Resource and Empowerment Centre is a government-run website (core.nic.in). It’s a complaint and grievance redressal mechanism managed by the Consumer Coordination Council and backed by the Indian government’s Department of Consumer Affairs.
Register yourself on the aforementioned website
To file a complaint, the customer must first create an account on the website. The complainant’s name, email, address, and phone number must be entered into the online registration form, and a user id and password must be generated.
Lodge a complaint
Any registered trademark or service provider might be the subject of a complaint. There is a dropdown menu of sectors, segments, and brands in the online complaint system, which covers all brands registered with the Department of Consumer Affairs.
The process
The substance of the complaint, as well as the names and contact information for any parties involved, can be included in the online complaint. It’s also possible to specify the repercussions and redress sought.
Status of the complaint
When a complaint is submitted, an electronic number is issued. This can be used to keep track of the complaint’s progress until it’s addressed.
Possible reliefs that a consumer can seek after filing a complaint
The redressal forums may issue orders for one or more of the following reliefs, depending on the nature of the relief requested by the consumer and the facts:
- The removal of defects in the goods,
- The replacement of the goods,
- The refund of the price paid,
- The award of compensation for the loss or injury suffered,
- The removal of defects or deficiencies in the services,
- The discontinuance of unfair or restrictive trade practices or a directive not to repeat them,
- The dangerous items are no longer available for sale, or
- Suitable expenses are awarded to the parties.
Basic right of consumers
The basic rights which every consumer has and is also statutorily provided by the Consumer Protection Act, 1986 are
- The right to be protected against unfair trade practices,
- The right to be informed about the products or services,
- The right to be assured that the products or services are of desired quality,
- The right to be heard in case of breach of right to consumerism,
- The right to seek redressal in cases of harm suffered,
- The right to consumer education.
If rights of a consumer are violated then it is the duty of the consumer to file a consumer complaint. A consumer complaint will not only be sole benefit of the consumer, it will benefit the society as a whole.
Consumer Protection Act protects a consumer from the following
Unfair trade practices
Marginalizing highest quantum of profit is the ultimate goal of every professional. But using unfair means such as marking the wrong price, cheating the customers, and other misconducts still persists in the market. Unfair trade practice is a very broad term and even covers cases of negligence where municipal authorities failed to give a warning sign while construction of the road still was on. Also, a private contractor was held guilty of unfair trade practice when he failed to cover a manhole which ultimately led to an accident. Therefore, if unfair trade practices is involved in any transaction, the consumer has a right to file a consumer complaint before the appropriate forum.
Food adulteration
Mixing food with other substance to decrease the quality and increase the profit is not only an unfair consumer practice but also a crime under the provision of Indian Penal Code. Mixing of salt with sawdust, Mixing ghee with dalada, are few examples. Adulteration of medicine also comes under the ambit of unfair practices. Adulteration is not only a threat to consumerism but also a threat to life. Therefore, consumer forums are very strictly on this aspect.
Short Weights and Measures
A regular General Store often cheats the customer by weighing materials less than what actually should be weighed. The weighing scale will show 1Kg, but in reality, the product will weigh around 800 grams. These malpractices is a threat to consumer interest.
Misleading Information
In this techno savvy world everything is available online. One of the demerits of online purchasing is, the products often misleads the consumers and provide false information. The ambit of consumer protection act is so wide that it covers online malpractices also. Therefore, consumerism is very much important and valued in today’s cyber tech world.
Consumer Protection Act functions to protect the consumers from unfair trade practices which include, giving to the public any warranty or guarantee of the performance without any proper test and also making a public representation of a warranty of a good when there is no reasonable prospect that such warranty, will be honored. How to approach the court under these circumstances? What are the steps required?
Before starting anything legal do follow this step
Before starting any legal process, a legal notice is to be handed over to the defaulter whom you want to sue. The legal notice is to inform him about the complaint and non-resolution of which might lead the matter to consumer forum. A sample legal notice format is provided here which might be of your help.
Date
Address of manufacturer
SUB: NOTICE BEFORE FILING CONSUMER COMPLAINT
Dear Sir,
- Give details of your purchased product or service (cash memo number and date).
- Give information about the warranty or guarantee promised to you at the time of purchase.
- Give details of the deficiency in the product or service.
- List the problems you are facing due to this deficiency.
- Give the details of your efforts to inform about the grievance in the past to which the party has not responded.
- Give a time limit of at least 15 to 30 days to settle your grievance by asking for a refund of full amount with suitable interest, or replacement of the product along with proper compensation, else you will file a consumer complaint with the Court as you are protected under the Consumer Protection Act of 1986.
- Inform that if your problems are not redressed within a reasonable time, appropriate legal steps will be taken against him and you seek compensation for the deficiency in services or defect in goods.
Yours truly,
Your signature, name, and address
Legal steps to follow while approaching consumer forum
Step1: Approaching the right court.
There are two ways of deciding which court to appear.
First is the place where the sale of good took place or the territorial jurisdiction. Deciding on the basis of the area where the goods are purchased or the service is availed is not the sole criteria for deciding the court.
Second, on the basis of the cost of the product is the second criteria. If the price of good bought is upto 20 lakhs, one will have to approach District consumer forum, or, if the price of the good bought is above 20 lakh but below 1 crore then State consumer forum, and, if the price of the good bought is above one crore the National Consumer forum. The two criteria have to be kept along together for deciding which court one has to appear.
Step 2: Drafting of Consumer complaint.
For this purpose, one should consult a lawyer as consulting a lawyer will be more effective rather than drafting the complaint on your own. Here are few key points which must be in your draft complaint.
- Introduction: Introducing yourself in 2-3 lines.
- Transaction: Detail of goods purchased, date of purchase, memo number, other such details.
- Defect: In this complaint about the defect in the goods or service. An example can be a deficiency of services arising out of refusal to honor a valid warranty.
- Rectification: In this complainant should rectify what steps were taken by him to redress the matter before approaching the court. An example could be, approaching the manufacturer many times, informing him about the defects over phone and letters, etc.
- Evidence: In this, the complainant should mention the memo receipt, eye witnesses, which supports such purchase and defects.
- Jurisdiction: Here is where a lawyer will come handy. If a complaint is made to court with no jurisdiction over the matter, the complaint will outrightly get rejected.
- The relief claimed: It is here all the relief which one seeks as a compensation is to be mentioned. An example could be, new mobile phone (in a case where the phone had latent defects, and the warranty was also not honored by the manufacturer.) Along with this, one should always claim litigation expenses incurred while fighting the matter in the court as a relief.
Step3: Payment of court fee.
If one is approaching district forum, the court fee is
- INR 100 for matters upto 1 lakh rupees,
- INR 200 when the matter is between 1-5 lakh,
- INR 400 when the matter is between 5-10 lakh,
- INR 500 when the matter is between 10-20 lakh INR.
- When matter concerned with is above 20 lakh then matter will be with state commission.
- INR 2000 for matters between 20-50 lakh,
- INR 4000 for matters between 50 lakh- 1 crore and
- Matters above 1 crore is dealt by National consumer forum and the court fee in such cases is INR 5000.
Step 4: One can argue the case on their own or may hire a lawyer. If arguing on your own, here are few points to be kept in mind-
- Dress code → Person arguing must not necessarily be in lawyer’s attire. A Decent formal dressing will suffice the situation.
- Copies of complaint → three set of copies if the matter is in District Forum or State forum and four set of copies if the matter is in National Forum.
- What will be the complainant called in the court → A complainant will be referred to as Consumer Complaint (C.C.) and
- After result → Free certified copy will be given to the litigants.
Within how many days should a consumer complaint be filed
The complaint must be filed within two years from the date of receipt of purchase. If the limitation time has exceeded then an additional time might be granted on providing with sufficient reason which will be subject to the understanding of the court.
Practical instances showing how relief was provided by redressal forums to aggrieved consumers
Neha Suri, a Delhi resident, received a refund and compensation from the builder who collected money from her and promised her an apartment but never delivered it. In 2007, Neha paid the builder Rs 46 lakh. The apartment was supposed to be handed over in 2010, but it was never done. Neha complained to the National Consumer Redressal Commission in 2015. The Commission ordered the builder to return her Rs 46 lakh, with simple interest of ten percent per year and litigation expenses of Rs 10,000, in January.
Sudha Katwa filed a case a year before seeking Rs 1 in compensation from a KFC shop that compelled her to buy bottled water instead of providing free water. In April 2017, the Bengaluru Urban District Forum ordered all multiplexes and eateries in the city to provide all clients with clean, free water.
In another consumer dispute, the Hyderabad District Consumer Forum had ruled that multiplexes may not charge more than the MRP for water bottles. Vijay Gopal, a moviegoer, filed a complaint against an INOX Multiplex for prohibiting him from bringing his own water bottle and selling water bottles for more than twice the MRP. The ruling was declared applicable to all cinemas in Hyderabad and Secunderabad by the forum.
Conclusion
The right to seek redressal is one among the consumer rights which means the right to seek remedy in the event of unfair trade practices or consumer abuse. It also involves the right to a just resolution of a consumer’s real concerns. Consumers must file a complaint if they have legitimate issues. Their complaint may be little in nature, but its influence on society as a whole can be significant. They can also seek redress of their problems with the support of consumer organizations. This article therefore aimed towards providing what needs to be done by a consumer on finding out a product purchased to be defective in nature, in a simplified way, so as to avoid getting their rights infringed.
References
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