Filing consumer complaints: A step-by-step guide
Joginder Singh Rohilla
Advocate at High Court of Madhya Pradesh, Indore | Civil & Criminal Lawyer In Indore
The Consumer Protection Act, 2019, provides a legal framework for consumers to file complaints against unfair trade practices, defective goods, or deficient services. If a business or seller has violated consumer rights, a consumer can seek redressal through various dispute resolution mechanisms.
Step 1: Identify the Issue and Gather Evidence
Before filing a complaint, ensure you have a valid grievance under the Consumer Protection Act, 2019. Common consumer complaints include:
? Defective products (electronics, home appliances, vehicles, etc.)
? Deficient services (banking, insurance, telecom, travel, etc.)
? Unfair trade practices (false advertising, misleading discounts, hidden charges)
? Medical negligence
? Overpricing or refusal to sell at MRP
Collect Supporting Documents:
- Purchase bills, invoices, or receipts
- Warranty/guarantee cards
- Email and WhatsApp communication with the seller
- Photos/videos of the defective product or service
- Bank transaction proof (if payment is involved)
Step 2: Contact the Seller or Service Provider
Before filing a formal complaint, try resolving the issue with the seller or service provider:
? Call or email the company’s customer care.
? Submit a written complaint explaining the issue and demanding redressal.
? Keep a copy of all communications for evidence.
If the seller refuses to resolve the issue or ignores your complaint, proceed to file a complaint with the consumer forum.
Step 3: File a Complaint in the Consumer Commission
Under the Consumer Protection Act, 2019, complaints can be filed at different levels based on the value of the dispute:
District Consumer Disputes Redressal Commission (DCDRC)
State Consumer Disputes Redressal Commission (SCDRC)
National Consumer Disputes Redressal Commission (NCDRC)
Where to File?
- Offline: Submit a written complaint at the relevant consumer forum.
- Online: File through the e-Daakhil Portal
Step 4: Draft the Consumer Complaint
A consumer complaint must be drafted properly, including:
? Details of the complainant (name, address, contact details)
? Details of the opposite party (seller/service provider)
? Description of the grievance (purchase date, defects, issues faced)
? Evidence to support the claim
? Relief sought (refund, replacement, compensation, etc.)
? Signature of the complainant
Fee for Filing Complaint:
The filing fee depends on the claim amount and is usually nominal.
Step 5: Attend the Consumer Forum Hearings
? Once the complaint is accepted, the Consumer Commission issues a notice to the opposite party.
? Both parties must present their arguments and evidence.
? The forum may attempt mediation to settle the dispute.
Step 6: Receive the Decision and Compliance
? The Consumer Forum passes an order directing the opposite party to provide relief (refund, compensation, replacement, etc.).
? If the seller refuses to comply, the complainant can seek enforcement of the order through the court.
FAQs
Q1: Can I file a consumer complaint without a lawyer?
Yes, a lawyer is not mandatory. Consumers can file complaints independently.
Q2: What is the time limit for filing a consumer complaint?
The complaint must be filed within two years from the date of the issue.
Q3: What if the company does not comply with the Consumer Forum’s order?
The complainant can approach the court for execution of the order, and the company may face penalties.
Q4: Can I seek compensation for mental harassment in a consumer case?
Yes, the Consumer Forum may award compensation for mental agony and harassment if proven.
Conclusion
Filing a consumer complaint is a simple and effective process to protect consumer rights. The Consumer Protection Act, 2019, ensures that buyers are safeguarded against fraud, unfair trade practices, and defective services. By following these steps, consumers can seek timely justice and prevent businesses from exploiting customers.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304