Empowered Choices: A Guide To Filing Consumer Complaints In India

Posted On - 5 February, 2024 • By - King Stubb & Kasiva

Introduction

The Consumer Protection Act, 2019,[1] enacted on 7th August 2019, marks a significant step in safeguarding consumer interests. This beneficial legislation establishes authorities aimed at addressing consumer grievances and settling disputes efficiently. This article shall explore the key aspects of the Consumer Protection Act, 2019, outlining the filing process for consumer complaints and elucidating the jurisdiction and procedural nuances of consumer forums.

Understanding the Consumer Complaint

Section 2(6) of the Consumer Protection Act, 2019 defines a ‘complaint’ as any written allegation made by a consumer to seek relief under various circumstances such as unfair contracts, trade practices, defective goods, deficient services, or hazardous products. It also allows consumers to claim liability against manufacturers, sellers, or service providers. This expansive definition of ‘complaint’ within the Consumer Protection Act, 2019, reflects a progressive approach towards consumer empowerment.

Unfair Contracts and Trade Practices: One key facet of a complaint under this act relates to unfair contracts and trade practices.[2] Consumers are afforded the right to challenge contractual terms that are unjust or impose disproportionate obligations on them.

Defective Goods: The Act also caters to situations where consumers receive goods that do not meet the promised standards. Defective goods, whether in terms of quality or safety, entitle consumers to file a complaint seeking appropriate redressal[3]. This provision acts as a deterrent against manufacturers who might compromise on product quality.

Deficient Services: In the realm of services, the legislation recognizes the consumer’s right to receive services of a certain standard. If a consumer encounters subpar services, they can file a complaint under Section 2(6)(iii), seeking compensation or rectification.[4] This ensures that service providers maintain the quality promised to consumers.

Hazardous Products: The Act takes a proactive stance on hazardous products, acknowledging the potential harm they can cause. Consumers can file complaints against the manufacturers or sellers of such products, compelling them to take corrective measures.[5] This provision aligns with the broader goal of ensuring consumer safety and well-being.

Claiming Liability: Section 2 not only defines a ‘complaint’ but also establishes the right of consumers to claim liability against manufacturers, sellers, or service providers.[6] This reinforces the principle of accountability in business transactions, promoting responsible practices and deterring entities from engaging in unfair or harmful activities.

Who Can File a Consumer Complaint?

Consumers, voluntary consumer associations, the Central or State Government, and legal representatives of consumers are eligible to file complaints.[7] In the case of minors, parents or legal guardians can initiate the process.[8]

Jurisdiction of Consumer Forums

Consumer forums, including District Forums, State Commissions, and the National Commission, have both territorial and pecuniary jurisdiction to decide matters. The territorial jurisdiction is determined by the residence or place of business of the opposite party, while pecuniary jurisdiction is based on the claim value.

  • District Forum: Up to 50 Lakhs[9]
  • State Commission: 50 Lakhs to 2 Crores
  • National Commission: More than 2 Crores

Process to File a Consumer Complaint in District Forum

  • A written complaint can be filed with the District Forum, notarized, and sent via registered or regular post within two years of the dispute.
  • Four copies of the complaint, along with additional copies for each opposite party, should be submitted.
  • The complaint should include details of the parties, particulars of the dispute, relief sought, and relevant documents.
  • No advocate is necessary, and the fee is paid through a demand draft to the President of the Consumer Disputes Redressal Forum.

Reference to Mediation

At the first hearing, the District Commission may direct parties to give written consent for mediation.[10] If parties agree, the matter is referred to mediation, following the provisions of Chapter V.

Process to File a Consumer Complaint in State Commission

  • Complaints with a value between Rs 1 Crore and Rs 10 Crore can be filed in the State Commission, with an appeal possible within 45 days of a District Forum’s order.
  • Application and fee are submitted to the Registrar of the State Commission.
  • Required documents, including a certified copy of the District Forum’s order, are attached.
  • Statutory deposit payment is mandatory for the appeal.

Process to File a Consumer Complaint in National Commission

  • Complaints exceeding Rs 10 Crore are filed directly with the National Consumer Disputes Redressal Commission.
  • An appeal against a State Commission’s order can be filed within 30 days.
  • A fee of Rs. 5000 is payable through a demand draft to the Registrar of the National Commission.
  • Appeals against the National Commission’s order can be filed in the Supreme Court within one month.

Online Consumer Complaint Filing

  • Register on the National Consumer Helpline website.
  • Log in, fill complaint details, and upload required documents.
  • Complaints can also be registered through the NCH app, Consumer app, UMANG app, or by calling the helpline.
  • A unique ID is provided for tracking the complaint status.
  • Online payment gateway facilitates fee payment.
  • Details to be Mentioned in a Complaint
  • Complete details of the complainant and opposite party.
  • Date and time of purchase, amount paid, and particulars of goods or services.
  • Details of the dispute, relief sought, and relevant documents.

Limitation Period

Complaints must be filed within two years of the cause of action. The Act allows for condoning delays if the complainant shows sufficient cause, with recorded reasons.[11]

Penalty for Non-Compliance of Orders

Failure to comply with orders may result in imprisonment of up to three years, a fine between Rs. 25,000 to Rs. 1 lakh, or both. The concerned commission has the power of a Judicial Magistrate of first class for trial.[12]

Conclusion

In conclusion, the Consumer Protection Act, 2019, enacted on August 7, 2019, stands as a beneficial legislation in India, prioritizing consumer rights and providing a robust framework for dispute resolution. The Act empowers consumers to file complaints encompassing a wide range of grievances, from unfair contracts to hazardous products. With eligibility extending to various entities, including consumers, associations, and government bodies, the Act ensures a diverse range of complainants.

The jurisdictional distinctions among District Forums, State Commissions, and the National Commission, based on claim values, streamline the adjudication process. Additionally, provisions for online consumer complaint filing enhance accessibility. The inclusion of mediation underlines the Act’s commitment to alternative dispute resolution, promoting amicable settlements.

The Act’s stringent penalty for non-compliance with orders and a two-year limitation period for filing complaints strike a balance between ensuring adherence to decisions and addressing procedural necessities. Overall, the Consumer Protection Act, 2019, emerges as a comprehensive and consumer-centric legislation, fostering accountability, fairness, and accessibility in the resolution of consumer disputes. It is a significant step towards creating a more equitable marketplace in India.

[1] The Consumer Protection Act, 2019 [ACT NO. 35 OF 2019]

[2] Section 2(6)(i), The Consumer Protection Act, 2019 [ACT NO. 35 OF 2019]

[3] Section 2(6)(ii), The Consumer Protection Act, 2019 [ACT NO. 35 OF 2019]

[4] Section 2(6)(iii), The Consumer Protection Act, 2019 [ACT NO. 35 OF 2019]

[5] Section 2(6)(v), The Consumer Protection Act, 2019 [ACT NO. 35 OF 2019]

[6] Section 2(6)(vii), The Consumer Protection Act, 2019 [ACT NO. 35 OF 2019]

[7] Section 2(5), The Consumer Protection Act, 2019 [ACT NO. 35 OF 2019]

[8] Section 2(5)(vii), The Consumer Protection Act, 2019 [ACT NO. 35 OF 2019]

[9] Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021

[10]Section 37, The Consumer Protection Act, 2019 [ACT NO. 35 OF 2019]

[11] Section 69, The Consumer Protection Act, 2019 [ACT NO. 35 OF 2019]

[12] Section 72, The Consumer Protection Act, 2019 [ACT NO. 35 OF 2019]

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