Buying a defective product, receiving poor-quality service or being charged unfairly can leave consumers with limited options is the seller or service provider refuses to address the grievance. To protect consumer rights and ensure fair trade practices, India has dedicated a consumer dispute redressal mechanism under the Consumer Protection Act, 2019.
If you believe that your rights as a consumer have been violated, then you have the option to file a consumer complaint in to seek remedies such as refunds, replacements, repairs or compensation These forums are set up by the government to protect the rights of consumers and its primary function is to maintain fair practices by sellers.
How to file a complaint?
Before you file a complaint, you must ensure that you have proper documents and proof to establish a case against the seller. Here’s how the process of filing a consumer court complaint works.
Step 1: The complainant should send a notice to the trader or service provider who sold you defective goods or services. The notice should clearly mention the intention to file a consumer case if the seller does not resolve the issue or refuses to pay a .
Step 2: If the seller is not willing to rectify the error from their end or provide a compensation after receiving the notice, the consumer must draft a formal complaint to be filed before the appropriate consumer court. The complaint should mandatorily include the following details:
- Name, description and the address of the complainant and the seller.
- Reason for filing the case, along with approximate date, time and place.
- Relevant facts and circumstances relating to the cause of action.
- Relief or remedy claimed by the complainant.
- Signature and verification by the complainant.
Step 3: Provide copies of documents that would support the claim against the seller in the complaint. These documents include:
- Copy of the bill or receipt
- Record of online booking of goods or services
- Warranty or guarantee certificates (if available)
- Copy of the notice sent to the seller
Step 4: The complainant must submit three sets of the complaint along with supporting before the appropriate consumer court. The forum in which the complaint is filed depends on the value of the involved in the dispute. Here’s what you need to know:
- In cases where the value of the goods or services does not exceed ₹50 lakh, the complaint must be filed in the District Commission.
- If the value of the goods or services is above ₹50 lakh but below ₹2 crore, then the complaint must be filed in the State Commission.
- Where the value of the goods or services is above ₹2 crore, such complaints must be filed in the National Commission.
Step 5: While filing the complaint, the complainant must pay the prescribed court fee at the consumer court office. This court fee depends on the value of the goods or services involved in the dispute, as well as the amount of compensation or relief being sought.
Step 6: The complainant must also submit an affidavit to the consumer court, detailing that the statements and facts presented in the case are correct and true to the best of their knowledge.
Consumers can also file a complaint online
Consumers also have the option of seeking redressal online before filing a case in the consumer court. Such complaints can be lodged through the .
Once a complaint is registered, it is forwarded to the concerned trader or service provider for resolution. In many cases, grievances may be settled through this mechanism itself, helping consumers avoid the time and effort involved in formal court proceedings.