Sep 21,2022 | 12 min read

How To File Consumer Complaint | Who Can File The Consumer Complaint | Procedure To File Consumer Complaint

THE SUBMISSION OF A CONSUMER COMPLAINT

For our daily needs, we all purchase products or use services. Sometimes the quality of these products or services may not be up to par, the quantity may be insufficient, or the charges may exceed the fixed amount. More frequently than not, traders defraud the customers. To safeguard customers from these issues, it was necessary to offer a quicker and more expedient resolution of consumer complaints. The Consumer Protection Act of 1986 was passed by the government with the interests of consumers in mind.

Who may submit a customer complaint?

We should be aware of who is eligible to make a consumer complaint before we do so. The answer to this query is that only The answer to this query is that only a consumer may submit a consumer complaint. Who constitutes a consumer is now in doubt. A consumer is defined by section 2(1)(d) as a person who purchases goods or services for compensation that is not intended for manufacturing or resale and may be partially or fully paid, promised, or both. A consumer may also be any other person who consumes goods with the buyer's consent. In addition to the customer, the following individuals and entities may also lodge a complaint:

  1. a) a consumer organisation that is not for profit b) a consumer organisation that is not for profit.

  2. The federal or state governments

  3. Numerous consumers' have the same interest in goods or services.

  4. In the event of the consumer's death, his legal heirs and representatives d) in the event of the consumer's death, his legal heirs and representatives.

The government passed the Consumer Protection Act intending to make the process of complaint filing simple and easy for consumers. So a consumer can file a complaint on his own without the help of a lawyer.

Filing of a consumer complaint

Before filing the complaint with the consumer forum, it is advised that the consumer give notice to the other party about the defect in the product (goods or services), etc., and see whether the other party is willing to pay the damages or replace the product. If it is, then the dispute is settled then and there. But if the other party neglects, refuses, or ignores the consumer, then the consumer needs to approach the respective forum and file a complaint.

Before filing the complaint, the consumer first needs to decide in which jurisdiction of the consumer forum his case lies. However, if the other party ignores or declines, the consumer must go to the appropriate venue and lodge a complaint.

A consumer must first choose which consumer forum's jurisdiction his case falls within before registering a complaint.

  • Authority over consumer forums

A consumer forum with both territorial and financial authority over the dispute should receive the customer's complaint.

Territorial Authority A district forum (section 11), state commission (section 17), or national commission (section 21) should be contacted to file a complaint if the following conditions are met:

  1. a) The opposing party, or one of them if there are multiple opposing parties, resides, conducts business, or engages in personal gain-making activities there.

  2. b) The opposing party, or one of them if there are multiple opposing parties, resides, conducts business, or engages in personal gain-making activities there.

  3. c) The action's cause materialised.

Money-related jurisdiction Consumer complaints may be made over the following values:

Forums-QuantityForums- A quantity of at least 20 lakh is required.

20 lakhs to 1 crore, State Commission

More than 1 crore, the National Commission

The National Commission's award can be contested in the Supreme Court.

Step 1: How to File a Complaint in a Consumer Forum

The first step can be completed on ordinary paper; stamp paper is not required.

Step 2 entails writing the complaint and including the information required to support the claim. The following details must be included in the consumer's complaint:

  1. The complainant's full name and the identity of the opposing party or parties

  2. The date, time, and price paid for the purchased goods or services. b) The date, time, and price paid for the purchased goods or services.

  3. The nature of the dispute, such as a flaw in the product, poor service, and so on. b) the nature of the dispute, such as a flaw in the product, poor service, and so on.

  4. The specifics of the complaint's requested relief d) The specifics of the complaint's requested relief

  5. purchase information for products, as well as the quantities or specifics of services used). purchase information for products, as well as the quantities or specifics of services used.

  6. Copies of all relevant documents, such as copies of receipts for warranties and complaints made to traders seeking compensation for losses, that support the consumer's claim and are required to prove the cause of action may be attached.

 

Step 3: Specify the compensation sought in the complaint. In addition, the consumer may ask for reimbursements, damages, court costs, etc. However, these sums should be specified under several headings and in accordance with the monetary authority of the relevant consumer forums.

Step 4: The complaint should contain a statement of jurisdiction explaining how the case fits under the purview of the consumer forum.

Step 5: An affidavit of verification that all the facts and allegations in the complaint are true and accurate must be included with the complaint.

Step 6: At the end, the complaint should be signed. At the end, the complaint should be signed. The consumer has the option of making their case on their own or through a designated agent. When filing a complaint with a district forum, state commission, or national commission, there are filing requirements of three sets, plus additional sets for each opposing party.

Step 7: The complaint must be filed no later than two years after the cause of action accrues. In the event of a delay, sufficient justification must be provided to the forum in order for it to accept the complaint.

 

 


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