Consumer Protection Act, 19 is a social law that benefits the community. It is a customer's right and offers incentives for consumer protection. Legislative and judicial systems have been established in all regions, provinces, and across the country to provide for the speedy resolution of consumer disputes. It provides a three-tier structure for the National Commission, the State Commission, and the District Commission for the immediate resolution of consumer disputes.
Who Can File a Consumer Complaint?
At first, it is clear that the consumer may have filed a complaint against an immoral, dishonest businessman. Clarification, in terms of Section 2 of the Act, a Complainant may:
• any registered voluntary consumer organization; or
• Central government or any national government; or
• One or more buyers, where there are multiple buyers with similar interests; or
• In the event of the death of the consumer, heir, or legal representative.
And if so, if a person wants to lodge a complaint under the Act where he or she is required to send a notice to the opposing party (seller or trader) to pay the same. If he or she ignores the notice the Consumer may go to Court.
How do you file a Consumer Complaint?
STEP 1: SEND A WRITTEN NOTICE
The first step is to send a written notice to the Merchant or Manufacturer explaining the problem and the reason why you are not happy with the product or service.
Must have your notice:
In the notice, you should not:
For applications over Rs. 10,000, it is highly recommended that you contact a lawyer and send a notification through an attorney, to the official letterhead. This will show the seller that you are willing to take legal action.
IMPORTANT TIPS IN CONSUMER NOTICE:
1) Consumer notice must be sent by registered mail only either by Registered AD or
Speed Post and proof of delivery must be kept for future reference and proof.
2) The name and address of the service provider as stated in the receipt must be
clearly stated at the time of sending the consumer notice.
3) The name and address of the buyer must also be specified directly in the
4) If the service provider has a website, site, and complaints section, please
subscribe to the same content on the said site.
STEP 2: WAIT FOR THE SELLER to respond
Once you have submitted a legal notice, it is likely that the company will respond to your case. Others may offer you compensation. At this stage, you should know what compensation is acceptable to you.
Claiming a higher price as compensation will not get you anywhere as the courts will not please you. If there is no response within the stipulated time, usually 15 days, you are entitled to attend the consumer forum.
STEP 3: CHOOSE A Correct FORUM
Depending on the amount of goods or services you have purchased or the compensation you want, you can go to the relevant consumer forum/commission, ie, Regional Forum, State Commission, or National Commission.
You have the opportunity to lodge a complaint in person or to appoint a lawyer to represent you in court. The duration of the trial may be between 6 and 18 months.
STEP 4: CONSUMER COURT fee for Consumer Complaint
To file a consumer complaint, you must pay court costs:
If the case is decided in your favor, the Court will show the seller to compensate you including all your legal costs, such as court fees and attorney's fees.
Step 5: After that, you should write down your complaint setting out the facts needed to find a reason to do something.
Step 6: At the end of the appeal you must submit your signatures. In the event that any other person is authorized to lodge a complaint, the complaint must be accompanied by a letter of authority.
Step 7: Do not forget to specify the name, description, and address of the complainant and the name, description, address of the opposing party or the parties to whom assistance is sought.
Step 8: Copies of all documents supporting your allegations. In this case, you can write down a copy of the purchased goods bill, warranty, and confirmation documents as well as a copy of the written complaint and notice made to the trader asking him to fix the product.
Step 9: You can also claim compensation costs that are directly to blame in the complaint. In addition to compensation, the buyer can also claim a refund, damages, costs, and interest rates. You should give the split of the money mentioned under different headings but remember to apply for compensation or other relief in terms of the amount of the forums.
Step 10: Explain in your complaint how the case falls within the jurisdiction of the forum.
Step 11: The complaint must clearly state what assistance is available to the other person.
Step 12: The law provides for a maximum of two years from the date of cause of action. In the event of a delay in lodging an appeal, please specify a delay that may be approved by the Tribunal.
Step 13: You are also required to submit an affidavit and complaint that the facts stated in the complaint are true and correct.
Step 14: The complainant can lodge a complaint in person or through his or her authorized representative without the involvement of any lawyer. An appeal may be submitted by registered mail. At least 5 copies of the complaint must be submitted to that forum. Otherwise, you must send additional copies to each opposing party.
Where can you lodge a complaint?
District Consumer Dispute Resolution Forum (DCDRF):
Known as the "Regional Council" established by the West Bengal Government in West Bengal. The State Government may establish more than one Regional Forum in a region. It is a regional court with up to 10 million cases
State Consumer Dispute Resolution Commission (SCDRC):
Known as the "State Commission" established by the West Bengal Government in the State is a state court with jurisdiction of less than 100 million.
National Consumer Dispute Resolution Commission (NCDRC):
Established by the Central Government working on more than 100 million issues
For regional forums
Up to Rs 1 lakh: Rs 100
Between Rs 1-5 lakh: Rs 200
Between Rs 5-10 lakh: Rs 400
More than Rs 10 lakh to Rs 20 lakh: Rs 500
For state forums
• More than Rs 20 lakh but less than Rs 50 lakh: Rs 2,000
• Over Rs 50 lakh up to Rs 1 crore: Rs 4,000
For the National Commission
• A standard amount of Rs 5,000
As the emphasis given to the Consumer Protection Act, 1986 to resolve disputes easily, quickly and economically; The following provisions are included in the said Act: -
• The complainant/appellant/authorized representative and the opposite party (s) are required to appear before the Forum / Commission on the date of each hearing.
• If analysis or test is required in the relevant goods laboratory, a complaint lodged before the Forum / Consumer Commission will be heard as soon as possible and an attempt will be made to resolve the complaint/appeal within 90 days (3 months) from the date of receipt. And if such analysis or examination is necessary, the complaint/appeal will be dismissed within five months.
• Appeal / Complaint needs to be dismissed within 90 days from the date of receipt by the National Commission / State Commission / District Forum.