Consumer complaints are an inevitable part of modern-day consumerism. As product and service complexity increases, consumers often face issues such as defective products, subpar services, misleading advertisements, unfair billing practices, and more. Fortunately, consumer protection laws in India provide avenues for consumers to seek redressal through the process of filing consumer complaints. In this article, we will provide all the information on how to file a consumer complaint in India, empowering consumers to assert their rights and seek resolution.
Who is Eligible to File a Consumer Complaint?
One should be a consumer to send a legal notice under the consumer complaint act. To understand who a consumer is, section 2(1) (d) explains a consumer to be a person who buys goods or services partially or fully paid. Partly or fully promised or any other person who may consume goods with the approval of the buyer and not for manufacturing or resale purpose.
Other than a consumer, the following people can file a consumer complaint:
Voluntary Consumer Association |
The Center and the State Government |
Consumers who are interested in the product or service |
In a death case, the Legal Representative of the person |
To make to consumer complaint process easier, the government of India has passed the Consumer Protection Act. Through the act, the consumers can proceed with legal action without the help of any legal professional.
How to Send a Legal Notice under Consumer Protection Act?
When a consumer finds an issue or trouble with the product or service, they first need to reach out to the other party. If the party talks and settles the matter or fails to resolve the issue and ignores the complaint, then the consumer can proceed with the consumer further. If, after contacting the party, they do not respond adequately, then the consumer can go for the consumer’s notice.
Steps | Description |
Provide Legal Notice | Prepare the complaint in the prescribed format as per the Consumer Protection Act, including details such as the complainant’s name and address, details of the seller or service provider, facts of the complaint, the relief sought, and supporting documents such as invoices, receipts, warranty cards, correspondence, etc. |
Identify Jurisdiction | Determine the appropriate consumer court or forum based on the value of the claim. Consumer disputes can be filed at the District Consumer Disputes Redressal Forum, State Consumer Disputes Redressal Commission, or National Consumer Disputes Redressal Commission, depending on the value of the claim. |
Consumer Complaint Fees | Pay the prescribed complaint filing fees as per the rules of the respective consumer court. The fees may vary based on the value of the claim and the jurisdiction. |
Documentation | Prepare the complaint in the prescribed format as per the Consumer Protection Act, including details such as the complainant’s name and address, details of the seller or service provider, facts of the complaint, relief sought, and supporting documents such as invoices, receipts, warranty cards, correspondence, etc. |
Compensation Sought | Clearly mention the compensation or relief sought in the complaint, along with any supporting documents or evidence that substantiates the claim. |
Delay and Limitation | Ensure that the complaint is filed within the specified time period as per the limitation period mentioned in the Consumer Protection Act, which is usually within two years from the date of the cause of action arising. |
Final Filing | File the complaint along with the required fees and supporting documents at the appropriate consumer court. Retain a copy of the complaint, fee receipt, and all supporting documents as proof of filing. |
Debasmita Kundu is an aspiring writer and beginner WordPress developer based in India. She has a Bachelor’s degree in English Literature and is currently pursuing a Master’s degree in Journalism and Mass Communication.
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