Free Law: How to File a Complaint in the Consumer Court

Introduction

• Consumer protection is a constitutional right in India under the Consumer Protection Act, 2019.
• Provides mechanisms for consumer dispute resolution through consumer courts.
• Simple process to file a complaint with proper knowledge.

Who Can File a Complaint?

• Eligible Complainants:
  • Consumers who purchased goods or availed services for personal use.
  • Multiple consumers with the same interest.
  • Voluntary consumer associations.
  • Central or State Governments on behalf of consumers.
  • Legal heirs/representatives if the consumer is deceased.
  • Parents or guardians on behalf of minors.

Consumer Court System

• District Consumer Disputes Redressal Commission (DCDRC):
  • For claims up to ₹1 crore.
• State Consumer Disputes Redressal Commission (SCDRC):
  • For claims more than ₹1 crore but up to ₹10 crore.
• National Consumer Disputes Redressal Commission (NCDRC):
  • For claims exceeding ₹10 crore.

Grounds For Filing a Complaint

• Defective goods or services.
• Overcharging or deceptive pricing.
• Unfair trade practices.
• Sale of hazardous goods.
• Delay in service delivery.

How to File a Complaint in the Consumer Court?

1. Attempt Amicable Settlement:
   • Contact seller/service provider with a formal written notice.
   • Allow 15-30 days for response.
2. Draft a Consumer Complaint:
   • Include complainant/opposite party details, case facts, supporting documents, relief sought, and signature.
   • Optional: Engage a lawyer.
3. Choose the Right Jurisdiction:
   • Based on claim value and location.
4. Payment of Prescribed Fees:
   • Nominal fee based on claim amount, payable by demand draft, postal order, or E-Daakhil portal.
5. Submit the Complaint:
   • In-person, by registered post, or via E-Daakhil portal.

• Post-submission process: Notices to the opposite party, hearings, evidence presentation, and final order.
• Appeals can be made to higher forums within 30 days if unsatisfied.

Conclusion

• Filing complaints in consumer courts is an effective legal recourse.
• Digital processes like E-Daakhil enhance ease and transparency.
• Adhering to procedures ensures grievance resolution.

FAQ

1. Who can file a consumer complaint?
   • Any consumer, legal heir, or registered consumer organization.
2. What relief can I get from consumer court?
   • Refund, replacement, compensation, or corrective action.