A complaint can be filed in consumer court against a service provider or a retailer by the consumer in case of defective product delivery, inappropriate service. In India, Consumer Court has been established under the Consumer Protection Act, 1986 for remedies and compensation. The Consumer Protection Act, 2019 Act came into effect by 20 July 2020. It nullifies the Consumer Protection Act, 1986. This act has the provision of establishing a new regulatory authority known as the Central Consumer Protection Authority which would have wide powers of investigation. The Consumer Protection Act has made it mandatory for every e-commerce entity to display the country of origin. The term “consumer” has been defined in Section 2 (1) (d) of the Consumer Protection Act, 1986 as: “any person who buys any goods for consideration or hires/avails any services for consideration”.
Types of Consumer Forums
District Consumer Disputes Redressal Forum (DCDRF): Each district has a Forum consisted of 3 members each. When the amount is under twenty lakhs, District Consumer Disputes Redressal Forum orders to file an appeal in state consumer disputes redressal commission.
State Consumer Disputes Redressal Commission(SCDRC): If the pecuniary value is between 20 lakhs to 1 crore, then an appeal is filed from state consumer disputes redressal commission order to national consumer disputes redressal commission. This commission is established in every state.
National Consumer Disputes Redressal Commission(NCDRC): This forum is situated in New Delhi and considered as the highest tier of Redressal system. If the value of the claim exceeds 1 crore then the jurisdiction lies in hands of national consumer disputes redressal commission. Also, an appeal from national consumer disputes redressal commission orderlies to Supreme Court.
Eligibility criteria to file a complaint:
1. Certainly, a consumer only can make a complaint, but to do that, he or she needs to fulfil two conditions first one is The Individuals have purchased the product for personal use only and not for resale purpose and the second one is that the consumer has paid money to purchase products or assisted or benefitted in exchange of money.
2. A registered voluntary consumer association under the Companies Act or other law. 3. The Government, be it central or state.
4. Consumers with the same interest.
5. A legal heir or relative of a deceased consumer.
Conditions to file a complaint:
1. Intolerant or constricted trade practice by a service provider.
2. Faulty or low-quality products, which is already agreed to be purchased or bought by the consumer
3. Service scarcity, whether hired or confirmed to be hired.
4. A surcharge of goods when the price is fixed by the law displayed on packaging or agreed between both parties.
5. Selling goods that are unsafe for life and property.
Process for filing a case in the consumer court
Intimation: The aggrieved party sends a notice to the service provider or retailer informing about the intention of the consumer to take action for receiving substandard or defective goods. Both the parties can settle the issue without going to Forum at this.
Drafting of the complaint: If the retailer or service provider is not ready to offer compensation, a formal complaint would be filed under Consumer Protection act. This procedure does not necessarily need a lawyer and may be dealt with by the consumer himself. The consumer must mention the following details:
1. Name, address and description of both the parties.
2. Cause of action, approximate date, time and place.
3. Relevant causes behind the action.
4. The compensation or remedy claimed by the consumer.
5. Signature of the complainant or authorized lawyer.
Attach required documents: Materialistic evidence and documents are required to support your complaint in the court. Which include- Copy of bill, delivery receipt, packaging, record of online booking, Warranty/Guarantee cards, Copy of the written complaint and notice.
Appropriate Commission: The consumer needs to choose the proper forum to file the complaint consistent with pecuniary jurisdiction i.e. the total value of product or service availed. Mention the compensation amount that is fixed.
Pay court fee: A certain amount of money is needed to be paid together with the complaint. The amount depends on the type of the forum, the value of the product bought and therefore the compensation sought.
Submit Affidavit: While filing the case it is necessary to submit an affidavit in the court. The affidavit is the proof that the facts described by the complainant are true in his knowledge.
Procedure to approach the District Forum: The complaint may be written on a plain paper and may be filed by the complainant himself or his authorized agent.
1. Four copies and additional ones for each party must be filed by the complainant. 2. The Court Fee for suits valued up to 1 lakh rupees is zero for them who have Antyodaya and Anna Yojana cards, while in other cases the amount is a hundred rupees. When the suits are valued up to five lakhs, the court fee is two hundred rupees, and for suits valued up to 10 lakhs, the fee is four hundred rupees. For those up to twenty lakhs, the court fee is five hundred rupees.
3. The court fee must be paid by demand draft made out the President of Consumer Disputes Redressal Forum together with the district name.
Procedure to approach State Consumer Disputes Redressal Commission (SCDRC): The consumer can file a case or file an appeal from an order of DCDRC within 30 days from the passing of the order. Court fee must be deposited via DD in favour of registrar, name of state commission. The complaint must attach required documents like Copy of complaint which is filed, the proofs, evidence, the material and other documents consisted of correct name and address of both parties, A validated copy of the order passed by District Forum, four copies are needed to be filed in the court and copies to be served on each Respondent, copy of Interim orders passed by DCDRC or petitions to the case must be attached and submitted together with the Affidavit, application for Condemnation of Delay (if any) together with reasons must be submitted, a deposit of Rs. 25 thousand or 50% of the compensation amount, whichever is a smaller amount than the other must be made by opposite parties.
Procedure to approach National Consumer Disputes Redressal Commission (NCDRC) Consumer can file the complaint directly consistent with pecuniary jurisdiction or file an appeal from state consumer disputes redressal commission order within 30 days of passing the order. The court fee is five thousand and therefore the DD will be made out to The Registrar, national consumer disputes redressal commission. Court fee is not required for filing an appeal before the State Commission or National Commission. A consumer can approach the Supreme Court against the orders of national consumer disputes redressal commission within 30 days from passing of the order.
Consumer complain online
A complaint may be filed against any registered brand or service provider. The type of the complaint, the description of people involved and supporting documents also be attached to the online complaint. The consequences and relief sought also can be indicated. After submitting the complaint, assigned an e-number. This may be accustomed to track the status of the complaint until it is resolved.
Sirachi Gupta, Faculty of Law, University of Lucknow
No comments:
Post a Comment