Monday 22 March 2021

All you need to know about filing a Consumer Complaint in India

 Who can file a Consumer Complaint in India?

According to the Consumer Protection Act, 2019 a consumer complaint can be filed by:               

1.      A consumer, or in the case of more than one consumer, one or more consumers may file a complaint;

2.      Any voluntary consumer association registered under the Companies Act, 1956 or any other law, for the time being, enforced;

3.      The Central Government;

4.      Any State Government;

5.      A legal heir or representative of a deceased consumer.

Grounds for Filing a Consumer Complaint- India

A Consumer Complaint can be filed on the grounds of:

  • Deficiency of services
  • Unfair trade practices
  • Manufacturing defect in the product
  • Medical negligence

Consumer Forum Complaint Procedure

The procedure for filing a consumer complaint is enumerated as under:

·         The Complaint can be registered, in person, by the Complainant or through his authorized agent or by post addressed to the Redressal Agency. A Complaint when made in the Consumer Forum i.e. District Forum or State Commission shall be filed in three sets and when it is filed in the National Commission, it shall be filed in four sets with additional sets equal to the number of opposite part(s).

·         Every Complaint shall clearly contain particulars of dispute and the relief claimed and shall also be accompanied by copies of such documents as are necessary to prove the claim made in the Complaint.

Can a Consumer complaint be filed online?

Yes, a complaint under the Consumer Protection Act can be filed online. Thus, a consumer aggrieved with the deficiency in goods or services can lodge a consumer complaint online at the National Consumer Helpline, which can be accessed at https://consumerhelpline.gov.in/.

Limitation for filing Consumer Complaint

A Complaint must be filed within 2 years from the date on which the cause of action/deficiency in service/defect in goods arises. However, a Complaint may also be filed after two years, if the Complainant is able to satisfy the respective Consumer Forum, that he/she had sufficient reasons for not filing the Complaint within the stipulated period.

Consumer Complaint Filing Forums- India

The various Forums in which a Consumer Complaint can be filed are as under:

  1. District Consumer Disputes Redressal Forum or the District Forum
  2. State Consumer Disputes Redressal Commission or the State Commission
  3. National Consumer Disputes Redressal Commission (NCDRC) or the National Commission

Pecuniary Jurisdiction of Consumer Forums in India

The New Act i.e. Consumer Protection Act, 2019 has also enhanced the Pecuniary Jurisdiction of the Consumer Forums

  1. District Consumer Disputes Redressal Forum: The jurisdiction of the District Forum has been enhanced to Rs. 1 cr.
  2. State Consumer Disputes Redressal Commission: The State Jurisdiction shall be able to entertain Complaints whose value is minimum Rs. 1 cr but does not exceed 10 cr.
  3. National Consumer Disputes Redressal Commission: The National Commission, shall be able to entertain Complaints valued above Rs. 10 cr.

For more information on the filing of a consumer the complaint, consumer complaint online, please write to us at info@ssrana.com or submit a query.

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