How to file a Consumer Complaint?
Dated: 2024-04-19 01:11:34
How to file a Consumer Complaint and Who can file it?
Answers by Lawyers
Who is a Consumer?
Section 2(d) of the Consumer Protection Act says that consumer means any person who—
(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment, and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
(ii) hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment, and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person;
Explanation.—For the purposes of the sub-clause (i), “commercial purpose” does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment.
Against whom Complaint can be filed?
If a consumer is aggrieved by any service or product, he can file a complaint against the seller, manufacturer, or dealer of goods which are defective or against the provider of services, if they are deficient in any manner whatsoever. Complaint can also be registered if there is any unfair or restrictive trade practice.
Who can file Consumer Complaint?
The Consumer Protection Act itself provides a list of persons who can file a complaint under the Act. According to it, the Complaint can be filed by:
- A Consumer.
- Any voluntary Association Registered under the Companies Act, 1956, or under any other law for the time being in force.
- The Central government or the State Government.
- One or more consumers, where there are numerous Consumers having the same interest.
- Any person who is a beneficiary of the goods/services.
- Legal representatives of deceased consumers.
- Legal heirs of the deceased consumer
- Husband of the consumer.
- Relative of the consumer
How to file a Consumer Complaint?
It is always being advised that before formally filing a Consumer Complaint, it is desirable to give notice by the Consumer to the opposite party of the fact of any deficiency in service or of unfair trade practice or any other grievance, to see if the manufacturer or seller is willing to make good the loss suffered by either replacing the commodity or returning the value of the purchase. But if the manufacturer or seller refuses or neglects to pay for the loss suffered by the consumer, then the consumer can approach the Consumer Court.
- Firstly, the consumer needs to identify the Jurisdiction of the Forum where the complaint is to be filed. The jurisdiction needs to be identified from two perspectives i.e. Territorial and Pecuniary Jurisdiction.
- Secondly, the consumer will be required to pay a prescribed fee along with his/her complaint before the District Forum, State Commission & the National Commission as the case may be.
- Thirdly, the complainant needs to draft his complaint stating facts necessary to establish a cause of action.
- Fourthly, the complainant has to sign the complaint and in case any other person is authorised to file the complaint then complaint has to be accompanied with authorisation letter.
- The Complainant must not forget to mention his name, description and address of the along with the name, description, address of the opposite party or parties against whom relief is claimed.
- The Complainant needs to submit copies of all the documents supporting his allegations. These copies can include the copies of the bill of the goods bought, warranty and guarantee documents and also a copy of the written complaint and notice made to the trader requesting him to rectify the product.
- The Complainant is vested with the rights for asking compensation costs but that must be specifically mentioned in the complaint. Along with the compensation, a consumer can also ask for the refunds, damages, litigation costs, and interest amount.
- The Complainant should specifically explain in his complaint as to how the case falls within the jurisdiction of a particular forum.
- The Complaint must clearly state as to what relief is sought against the opposite party.
- The Act provides for limitation period of two years from the date of cause of action. In case there is any delay in filing the complaint, the complainant must explain the delay which can be condoned by the Tribunal.
- The Complainant is required to file an affidavit along with the complaint which shall mention that the facts stated in the complaint are true and correct to his knowledge.
- The Complainant can present the complaint in person or by his/her authorised representative without engaging any advocate. The complaint can be sent by registered post. A minimum of 5 copies of the complaint is to be filed in the forum. Besides this he has to file additional copies for each of the opposite party.
Minal B Khona