If any service provider or a seller delivers a faulty product or gives an improper service or even harass a customer, then the customers have the right to lodge a Complaint against him in a Consumer Court. All the hearings related to the consumer grievances are heard by the Judiciary under the control of Government of India. In this blog we will discuss the procedure for filing the Complaint in a Consumer Court or Forum.

All you need to know about the Consumer Courts in India

It is the right of the consumers to receive both quality goods as well as standard services. However, the number of times the consumer faces a fraudulent situation be it in case of quality of goods or in the standard of services is alarmingly increasing. In the year 1986, the Consumer Protection Act was passed by the government so that the consumers can be provided compensation for the defective products as well as a redressal technique.

After many years the act was again amended and then enacted as the Consumer Protection Act, 2019.

As per the provisions of the Consumer Protected Act, 1986 Consumer Court have been set up so they can provide redressal as well as compensation in case of disputes in India. There are three different categories of Court and the basis of distinction between them is the amount of transaction involved in the matter. All the cases in which the amount of transactions is less than Rs. 20 Lakhs will be handled by the District Forum.All the cases in which the amount of transactions is more than Rs. 20 Lakhs but less than Rs. 1 Crore will be handled by the state Commission and the ones where the amount is more than Rs. 1 Crore will be handled by the National Commission.

The Eligibility Criteria to File a Consumer Complaint

In order to File a Complaint, the following two criteria has to be fulfilled by the Consumer:

1.      It is important that the consumer has paid a sum of money in order to purchase the product or to even use the services in exchange of the said money.

2.      The product that has been purchased will be used by the Consumer for his personal benefits and not for any resale purposes.

Another important point to keep in mind is that the complainant has to fall under the definition of the Consumer as provided by the Act. The complaint is in form of a written allegation and thus it is mandatory that the complainant is one of the following:

1.      Any registered voluntary consumer association which may fall under the Companies Act or any such similar act.

2.      Any of the Central or State Government.

3.      Another consumer who has the same interest.

4.      In case the consumer has passed away, then either his close relative or their heir.

Conditions to Lodge a Consumer Complaint

In order to file a Complaint, any of the following conditions has to be fulfilled: 

1.      If the service provider is involved in any such trade practices which are either unfair or even restricted.

2.      In case the consumer has already agreed on purchasing the product or has already bought, and later the product turns out to be defective or below standards.

3.      In case the consumer has already agreed on hiringor has already hired and then the service turns out to be deficient.

4.      In case the price charged for the goods is either more than what the government has already set or more than what the package displays or differs from what was initially agreed on.

5.      In case such goods are being sold that are either hazardous for life or safety or even property.

Different Consumer Forums responsible for Redressal and Consumer Protection

The first step to file a Complaint is for the Consumer to figure out under which Forum do they have to file their Complaint. The Consumer courts have been divided into three categories where the basis of distinction is the monetary value of the transaction. The courts follow a three tire system which is as follows:

·         District Consumer Disputes Redressal Forum (DCDRF):

Every District in India has at least one forum which has three members as a part of it. Any complaint whose monetary value is less than Rs. 20 Lakhs can be filed under the District forum and the appeal can be filed in SCDRC.

·         State Consumer Disputes Redressal Commission(SCDRC):

Every State in India has one Commission established. If the monetary value of the transaction is between Rs. 20 Lakhs and Rs. 1 Crore then the consumer should approach the State Consumer Disputes Redressal Commission and the appeal can be filed in NCDRC.

·         National Consumer Disputes Redressal Commission(NCDRC):

The NCDRC has been established in New Delhi. this forum is considered to be the highest tier in the entire Redressal System. Any complaint whose monetary value is more than Rs. 1 Crore will fall under the jurisdiction of the National Consumer Disputes Redressal Commission. In case the consumer has to file an appeal against its order then they can approach the Supreme Court.

Procedure to File a Case in the Consumer Court

In order to file a case in the Consumer Court the following procedure has to be followed:

1.      Intimation:The first step that the consumer has to follow is to send a notice to the respective service provider, the one who has sold him the disputed product. The purpose of this notice is to inform the seller about the intentions of the customer that he wants to file a case for the defective or below standards which were delivered to him. This notice also acts as the last opportunity for both of them to resolve the dispute outside court.

2.      Drafting of the Complaint: If it so happens that the seller decides that he does not want provide compensation to the consumer, then a formal complaint will be filed against him as per the Consumer Protection. The process is quite simple and can be performed by the consumer himself without lawyer. Although, it is important that he mentions the following details:

·         The name, address as well as the description of both the parties involved.

·         Details regarding the incident such as the cause of action, the date and time of the incident as well as the place.

·         The appropriate reason for taking the action.

·         The amount of compensation or the remedy that the consumer is claiming in his complaint.

·         Either the signature of the complainant or of the appointed lawyer.

3.      Attach the required documents: Just like other cases, even under this forum the complainant has to provide materialist evidence as well as documents in order to support his claim. The relevant documents include the following:

·         Copy of bill along with the delivery receipt, the packaging as well as the record of online booking.

·         Warranty or the Guarantee cards.

·         Copy of both the written complaint and the notice.

4.      Appropriate Commission: As mentioned earlier, the consumer has to approach the correct forum as per the monetary value of the transaction. They have to find out under whose jurisdiction the said complaint falls. The consumer will also have to mention the amount of the compensation which has been fixed.

5.      Pay court fee: The consumer is required to pay the Court fees when he files the Complaint. This amount depends on various factors such as, which forum is the consumer approaching, what is the cost of the product that he purchased and the what is the amount of compensation that is sought.

6.      Submit the Affidavit: It is important step to file an affidavit in the court while filing the case. This affidavit acts as a proof that all the details described by the consumer is completely true as per his knowledge.

Procedure to approach the District Forum

It is quite simple to approach a District Forum. All you need to is follow these steps:

Ø  The Complainant can write his complaint simply on a white sheet of plain paper. He can either submit the complaint himself or through an appointed agent.

Ø  The Complainant has to file four copies of the complaint as well as an addition one for all the other parties that are a part of the case.

Ø  The Complainant will have to pay the Court fees the details of which is as follows:

o   If the complainant has an Antyodaya and the Anna Yojanacards, and the value of the suit is up to Rs. 1 Lakhs then the fess is zero, otherwise he will have to pay Rs. 100.

o   If the value of the suit is Rs. 5 Lakhs or less then he will have to pay Rs. 200.

o   If the value of the suit is Rs. 10 Lakhs or less then he will have to pay Rs. 400.

o   If the value of the suit is Rs. 20 Lakhs or less then he will have to pay Rs. 500.

Ø  The above mentioned court will have to paid through a demand draft. This draft will be addressed to the “President of Consumer Disputes Redressal Forum” and will have the name of the District.

Procedure to approach the State Consumer Forum

In order to approach the State Consumer Forum, you will have to follow these steps:

Ø  A consumer can approach the State Consumer Forum under two conditions, first that the complaint falls under the jurisdiction as per the monetary value of it, and second if the consumer wants to file an appeal against the order of the DCDRC. But the appeal has to be filed within a period of 30 days since the order is passed.

Ø  The complainant will have to pay a court fees. If the value of the suit falls between Rs. 20 Lakhs to Rs. 50 Lakhs then he will have to pay Rs. 2000. In case the value of the suit is more than Rs. 50 Lakhs but less than Rs. 1 Crore then he will have to pay Rs. 4000.

Ø  The above mentioned court will have to paid through a demand draft. This draft will be addressed to the “Registrar” and will have the name of the State Commission.

Documents Required for filing a Consumer Complaint in the State Consumer Forum

The Complainant will have to submit the following documents for filing a consumer complaint in the State Consumer Forum:

·         The Copy of the Complaint filed.

·         The proof and evidences relevant for the case.

·         Documents which consist of the correct name of both the parties along with their address.

·         A certified copy of the order which was passed by the District Forum.

·         Four copies of the complaint as well as an addition one for all the other parties that are a part of the case.

·         Along with the Affidavit, the complainant will have to submit either the interim order which was passed by the District Forum or the petition of the respective case.

·         In case there is a need to file the “Application for Condonation of Delay”. He will also have to provide the reasons behind the same.

·         The accused will have to submit either Rs. 25000 or 50% of the amount which has been asked for as compensation, whichever is less.

Procedure to approach the National Consumer Forum

In order to approach the National Consumer Forum, you will have to follow these simple steps:

Ø  A consumer can approach the National Consumer Forum under two conditions, first that the complaint falls under the jurisdiction as per the monetary value of it, and second if the consumer wants to file an appeal against the order of the SCDRC. But the appeal has to be filed within a period of 30 days since the order is passed.

Ø  The court fees that the Complainant has to pay is Rs. 5000.

Ø  This court fees will be paid through a Demand Draft which is addressed to the “Registrar, NCDRC”.

Ø  The Complainant does not need to pay any additional fees if is approaching the State or National Consumer Forum with an appeal.

Ø  If the consumer wants to file an appeal against the order of the NCDRC he has the right to approach the Supreme Court. But the appeal has to be filed within a period of 30 days since the order is passed.

Reliefs granted under the Consumer Protection Act

The following Reliefs can be granted as per the provisions of the Consumer Protection Act:

1.      Not only does the customer get a refund of the price he paid for the product but he will also the compensation that he asked for in case of any damage that has occurred.

2.      After running various tests on the said material, the defects on the product can be proved. An order can be asked in order to either remove such defects or fix them.

3.      The Complainant is also liable for claiming compensation for any mental or physical damage that he may have suffered while possessing or using the defective product.

4.      If the product is such that it may cause damage or threatens the life of the people, then an order can be passed to ban them for a life time as well as quick removal of such products from the market.

5.      If the seller is performing any restrictive trade practices, then an order can be passed to discontinue the same. In case the practices fall under the category of unfair trade practices then the authority has the right to put either a permanent or conditional ban on the same.

6.      The seller will have to pay the price of the defective product as well as the amount which is claimed by the Complainant.

Time Limit for Filing a Case in Consumer Court 

The time limit mentioned under the act is of two years. This time is calculated from the date when the action of deficiency or the problem has actually taken place. Although there is a provision under the act which allows for filing the complaint even after the statutory period has passed. In order to do so the District Consumer Forum will have to be satisfactory reasons for delay and if only the forum is satisfied with the mentioned reason they will grant the permission to file a delayed complaint.

How to Appeal against Consumer Court Order?

The Supreme Court of India is considered as the ultimate forum for redressal. In case the Complainant is not satisfied with the order passed then he has been given the option to file an appeal against the order at every stage and even to go the Supreme Court.

The purpose of the Consumer Protection Act, 2019 was to make sure that no unscrupulous activities take place against the consumer. All the forums have been established specially to protect the consumers from any unfair trade practices as well as so that they can remove any and all the disputes from the market.

How to File a Consumer Complaint Online?

If you want to file a Consumer Complaint online, then the first thing for you to do is visit our website Caadvocatecs.com. We have created a platform exclusively to make the entire process of filing online complaints super easy. All you need to do is follow these simple steps:

STEP 1:Visit our website and fill the required forms to file your complaint.

STEP 2: Our team of experts will call you.

STEP 3: Our legal expert will then analyse your case carefully.

STEP 4: He will also send a notice to the seller or the service provider on your behalf.

STEP 5: In case the seller chooses to ignore the notice and does not respond within a reasonable time then, the case will file your case in the Consumer Court in person.

STEP 6: Until and unless the case is resolved we will guide you through every step.

Why should you File a Complaint Online instead of Offline?

The advantages of online Complaint filing are as follows:

1.      Time saving procedure

2.      You can file your complaint from any place or any device.

3.      Our team of experts at Caadvocatecs.com will provide you the needed guidance.

4.      We will also send a notice on your behalf.

5.      We make sure that there is confidentiality and trust maintained between us and our clients.

6.      We provide fast and timely services.