How to File Consumer Complaint ?
All you need to know.
Consumer Complaints can be seen in large number in a country like India as one of the largest populated country. But, due to lack of knowledge and awareness, there are only few people who know how to file a Consumer Complaint. As a legal platform who serves legal advice and knowledge, we take it as our duty to provide you the free legal information about the process of filing the consumer Complaint.
We all have at some stage of our life, faced the issue with the product we bought or the services we obtained. But, many of us avoid filing the Consumer complaint against such issues for the many reasons like shortage of time and money, lack of interest, and lack of knowledge etc.
Under the new act, there is an introduction to Alternative Dispute Redressal Mechanism, according to which “Mediation Cells” will be attached to every District, State and Nation Commission.
The New Act introduces Alternative Dispute Mechanism for the speedy and effective redressal of the consumer cases.
Step by Step filing of online consumer complaint
The new Consumer Protection Act, 2019 allows you to “online filing” of your complaint.
Step1: (Issuance Of Notice): Before the filing of the complaint, it is advisable for the complainant to issue a notice to the opposite party, highlighting the defects/deficiencies in the goods or services provided. If parties don’t agree to come to a mutual understanding then the complainant can file a complaint before a jurisdiction authority/forum.
Service of legal notice is not mandatory as per the Consumer Protection Act except when the opposite party is a government body (Section 80 CPC).
Step 2: (Determining the Jurisdiction): The Complaint has to be filed within the Pecuniary and Territorial Jurisdiction.
Pecuniary Jurisdiction: (As Per New Act)
- District Commission: Amount not exceeding 1 crore
- State Commission: Rupees 1 Crore to 10 Crore
- National Commission: Amount exceeding Rupees 10 Crore
Whereas, under old Act, the pecuniary jurisdiction was as below:
- District Commission: Amount not exceeding Rupees 20 lakhs
- State Commission: Rupees 20 Lakhs to 1
- National Commission: Amount exceeding 1
Under new act, an aggrieved consumer can file complaints about a defect in goods or deficiency in services from where she lives, instead of the place of business or residence of the seller or service provider.
Step3: (Submission of Complaint): Complaint can be submitted in the form of Writing or through Online.
Registration of Online Complaint
- Aggrieved Party can register complaints on https://consumerhelpline.gov. in/ .
- Complaints can be registered by filling essentials details like name, email, contact number &
- Complainant will receive login credentials though which he can register complaint by uploading required
- There are different portals available for different
- A consumer can also register complaints through Mobile Apps namely the NCH app, Umang App or Consumer
- Post-registration of the complaint, complainant will be provided with a unique identification number through which he can determine the status of the
- Fees for the complaint can be submitted through online payment
Step 4: (Contents of the Complaint): Complaint should contain the following information
- Name and complete details of complainant and opposite
- Date and time of purchase of goods/ availing of
- Necessary Facts of the case establishing the cause of
- Particulars of dispute: Defect in goods/ deficiency in
- Relief sought
- Copies of the documents supporting the contention of the (Invoice, Warranty receipt, etc)
Step 5: (Limitation for filing Complaint/Appeal): The Complaint before the District Commission needs to be filed within the 2 years from the date of dispute. Further, appeal before State Commission to be filed within 45 days from the date of order of District Commission. Further, appeal to the National Commission should be made within 30 days from the date of receipt of the order from the lower forum.
Step 6: (Court Fees): The Court fees have to be paid in the form of Demand Draft, in respect of the Registrar of respective Commissions. In respect of the National Commission, the appellant has to make the Demand Draft of Rupees 5,000/-.
The new act has provided the convenience of filing consumer complaint and early disposal of matters which in turn will have long term positive impact.