NEW DELHI: Have you purchased a defective product or experienced poor service from a company, builder, bank, airline, hospital, or online platform? Indian consumer law provides a mechanism to seek compensation and relief without undergoing a lengthy civil court process. Under the Consumer Protection Act, 2019, consumers can file complaints against unfair trade practices, defective goods, deficiency in services, overcharging, misleading advertisements, and more.
Who Can File a Consumer Complaint?
A complaint can be filed by an individual consumer, a group of consumers, a legal heir or representative, a registered consumer association, or even the Central or State Government in certain cases. A 'consumer' generally refers to a person who buys goods or hires services for personal use and not for commercial resale.
Common Issues Covered
You can approach a consumer commission for issues such as defective mobile phones, electronics or appliances, online shopping frauds, delay in possession by builders, insurance claim rejection, banking or credit card disputes, medical negligence, airline cancellations or poor service, misleading advertisements, overcharging beyond MRP, and poor telecom or internet services.
Before Filing a Case
It is advisable to send a written notice or email to the company or seller explaining your problem, the compensation or refund you seek, and a deadline for resolution. Many disputes are resolved at this stage itself. Keep copies of invoices, receipts, emails, chats, screenshots, warranty cards, and transaction details. These documents serve as crucial evidence later.
Where to File the Complaint?
Consumer cases are filed before Consumer Commissions based on the value of the goods or services paid. Under the 2019 Act, jurisdiction is determined by the actual consideration paid, not the compensation claimed. There are three tiers:
- District Consumer Disputes Redressal Commission: Handles cases where the value paid is up to ₹50 lakh.
- State Consumer Disputes Redressal Commission: Handles cases where the value paid is above ₹50 lakh and up to ₹2 crore.
- National Consumer Disputes Redressal Commission (NCDRC): Handles cases where the value paid exceeds ₹2 crore.
A complaint can generally be filed where the opposite party resides or works, where the business operates, or where the cause of action arose. Importantly, under the 2019 Act, a consumer can also file from their place of residence or work, eliminating the need to travel to the seller's location.
Can Complaints Be Filed Online?
Yes. Consumers can file complaints online through the government's eDaakhil portal (edaakhil.nic.in). The portal allows users to file complaints, upload documents, pay fees online, and track case status digitally.
What Details Should the Complaint Contain?
A consumer complaint should clearly mention the name and address of both parties, facts of the dispute, date of purchase or transaction, amount paid, the deficiency or defect involved, supporting evidence, and the relief sought. You can ask for a refund, replacement, compensation, removal of defects, litigation costs, or compensation for mental harassment.
Is Hiring a Lawyer Compulsory?
No. Consumer courts are designed to be consumer-friendly, and individuals can argue their own cases without hiring a lawyer. However, for complicated or high-value matters, legal assistance may still be a better option.
Time Limit for Filing
A complaint should generally be filed within two years from the date when the cause of action arose. If there is a delay, the commission may still allow the case if sufficient reason for the delay is shown.
Procedure After Filing
Once the complaint is admitted, notice is issued to the opposite party, the company or seller files a response, evidence is examined, hearings take place, and the commission passes an order. Before proceeding to a full hearing, the commission may refer the matter to mediation if both parties agree, resulting in faster resolution.
The commission can order refunds, replacement of goods, compensation, penalty for unfair practices, or discontinuation of misleading advertisements.
Can the Order Be Challenged?
Yes. Orders can be appealed from the District Commission to the State Commission within 45 days, from the State Commission to the National Commission within 30 days, and from the National Commission to the Supreme Court within 30 days.
About the Author: TOI Legal Desk
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