HOW ONE CAN FILE A CONSUMER COMPLAINT?

by Ritakshi Bhardwaj

A Consumer Court hears complaints and grievances from consumers. The Government of India established the judiciary hearings to defend consumer rights, in which dissatisfied customers can file a complaint in consumer court against the seller on the grounds of harassment or delivery of defective products or services. Here is our comprehensive guide on filing a complaint in an Indian Consumer Court.We all buy items or use services to meet our needs in life. These goods or services may not be up to standard, may be insufficient in number, or may be charged at a higher rate than the predetermined price. Consumers are frequently duped by merchants. Because of these issues, consumers needed to be protected. The Consumer Protection Act 1986 was created by the government with the best interests of customers in mind, in order to provide a speedier and more timely resolution of consumer disputes. Before submitting a complaint with the consumer forum, it is recommended that the consumer notify the other party about the flaw in the product (goods or services) and determine whether the other party is prepared to pay the damages or replace the product. If it is, the disagreement is resolved immediately. However, if the other party neglects or refuses to cooperate, the consumer must contact the appropriate venue and register a complaint. Before filing the complaint, the consumer must first determine which jurisdiction of the consumer forum his issue falls within.

The following are the grounds for filing a complaint: the service provider's use of an unfair or restrictive commercial practice;

Defective items, whether purchased or agreed to be purchased by the plaintiff;

Deficiency in Services, whether hired, obtained, or agreed to be obtained;

Overcharging for products or services in excess of the price set by law, displayed on the packaging of items, or displayed on the price list presented, or as negotiated between the parties;

Selling or proposing to sell hazardous products or services that endanger life and safety when used or availed of, if the trader is aware of the hazards via due diligence.

How to file a complaint with the consumer court?

STEP 1: Notification by notification: The victim must send a notification to the service provider who supplied the goods or services. The notice will state the intention of the complainant to resort to legal proceedings and inform about the unavailability of goods or services or about inappropriate proceedings. The notice will attempt to resolve the complaint even without a discussion forum, ie. if the service provider is willing to offer compensation or another remedy.

?STEP 2: Prepare a consumer complaint: If the service provider is unwilling to offer compensation or other remedies, the next step is to make a formal complaint under the Consumer Protection Act 1986. You do not necessarily need a lawyer to file a complaint. A complaint can be filed by the victim. The complaint must include the following information: Name, description and address of appellant(s) and opponent(s). Reason for the procedure, expected date, time and place. Material facts relating to the cause of action. Relief or remedial measures requested by the complainant according to the circumstances of the case. Signature and verification of the complainant or his authorized representative.

STEP 3: Attach the relevant documents: Copies of evidence and related documents that support your position in consumer law are important. These documents include: Copy of invoice, shipping receipt, product packaging, online reservation log for purchased goods Warranty/warranty certificates A copy of the written complaint and notice sent to the manufacturer/seller

?STEP 4: Appropriate Forum: Choose the appropriate forum for the complaint based on the monetary jurisdiction assessed for the total value of the goods and services purchased or used and the amount of compensation sought.

STEP 5: Pay the required court fees: In connection with the complaint, the fee prescribed by the forum must be paid. The court fee depends on the value of the goods purchased and the amount of compensation requested.

STEP 6: Provide an Affidavit: A person who wants to take the matter to the consumer court must also present a certificate in court. The affidavit must state that the facts and statements made by the consumer are true to the best of their knowledge. How to approach the district forum? The complainant can file a complaint on plain paper, which is notarized and can be registered in person or through an authorized representative. The complainant must provide four copies and additional copies to each party. In case of Antyodaya Anna Yojana card holders, the court fee payable is a maximum of 1 lakh and in all other cases it is Rs. 100. Additionally, the court fee is Rs 200 for suits up to Rs 5 lakh, Rs 400 for suits up to Rs 10 lakh and Rs 500 for suits up to Rs 20 lakh. The court fee must be submitted together with the claim project, which is prepared for the president of the consumer discussion forum (district).