How to File Consumer Complaint:
There are multiple situations wherein the Consumer is a victim of deficient service or substandard goods. To remediate the consumer and provide for a redressal mechanism, the Consumer Protection Act, 1986 came into force.
When can a consumer lodge a complaint?
A complaint can be filed by the Consumer or his legal heir or representative or voluntary consumer association if
1.any of the grounds listed below are satisfied in his case;
2.the statutory period of 2 years from the date of cause of action has not lapsed;
3.the complaint must have the legal capacity to file the complaint i.e. should be sane, solvent and major.
If you fall within the ambit of the definition of a “Consumer”, you need to identify the ground under which you can file the “Complaint”. A complaint here means any allegation made by the complainant in written form.
Step 1: Intimation via Notice:
A notice to be sent by the aggrieved party to the service provider who provided the goods or the services. The notice communicates the intention of the complainer to resort to litigation and informs him about the defects in the goods or the deficiency in the service or any unfair practice. The notice is also an attempt to settle the complaint without approaching the Forum i.e. if the service provider is willing to offer compensation or any other remedy.
Step 2: Get the Consumer Complaint Drafted:
If the service provider is not willing to offer compensation or any other remedy, the next step is to file a formal complaint under the Consumer Protection Act, 1986. The filing of the Complaint does not necessarily require a lawyer. The complaint can be filed by the aggrieved person. The following details must be specified in the complaint:
1.Name, description and the address of the complainant(s) and the Opposite Party or parties.
2.Cause of Action, the approximate date, time and venue.
3.Relevant facts relating to the cause of action.
4.The Relief or Remedy claimed by the complainant in accordance with the facts of the case.
5.Signature and Verification by the complainant or his authorized agent.
Step 3: Attach Relevant Documents:
Copies of material evidence that support your case in Consumer Court are important. These documents include:
1.A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought
2.Warranty/Guarantee certificates
3.A copy of the written complaint and notice sent to the manufacturer/seller
Step 4: Appropriate Forum:
Choose the appropriate forum for filing the complaint in accordance with the pecuniary jurisdiction which is estimated in reference to the total value of goods and services bought or availed and the amount of compensation sought.
Step 5: Pay Requisite Court Fees:
A prescribed fee is required to be paid along with the complaint filed depending on the forum. The court fee depends upon the value of goods bought and the amount of compensation sought.
Step 6: Submit an Affidavit:
The person who wants to file a case in the Consumer Court is also required to submit an affidavit in the court. The affidavit must state that the facts presented and statements made by the consumer are true to their knowledge.
Online:
Step 1:Register on the website, consumerhelpline.gov.in by clicking on 'New user'.
Step 2: Complainant needs to provide all the required details like name, email id, address and phone number.
Step 3: After completing the registration process, go on to log-in and fill in the username and password. Then go to 'File complaint' so as to file the complaint.
Step 4: Select the complaint type i.e. regarding products, service provider, others (like you want to file complaint against eBay select online shopping and then brand as eBay)
Step 5: A page containing registration form will open. Fill the form with necessary details of the problem or the grievances and click 'submit'.