Consumer Complaint

The Consumer Complaint India is governed by the Consumer Protection Act, 2019 (No. 35 of 2019), which replaced the earlier Consumer Protection Act, 1986. The Act establishes a three-tier quasi-judicial machinery for redressal of consumer grievances: District Commission, State Commission, and National Commission. It defines 'consumer', 'goods', 'services', 'defect', 'deficiency', and 'unfair trade practice', and provides for alternative dispute resolution through mediation.

The nodal department for consumer complaints is the Department of Consumer Affairs, Ministry of Consumer Affairs, Food and Public Distribution. The official portal for e-filing of consumer complaints is https://consumerhelpline.gov.in and the National Consumer Helpline number is 1800-11-4000. The e-Daakhil portal (https://edaakhil.nic.in) allows online filing of complaints before consumer commissions.

The process for filing a Consumer Complaint India involves the following stages:

1. Drafting the Complaint: The complaint must contain details of the complainant, opposite party, facts of the case, nature of defect/deficiency, relief sought, and supporting documents.
2. Filing: The complaint is filed before the appropriate commission based on the value of goods/services and compensation claimed:
   • District Commission: up to ₹1 crore
   • State Commission: ₹1 crore to ₹10 crore
   • National Commission: above ₹10 crore
3. Admission: The commission examines the complaint and admits it if it discloses a cause of action.
4. Notice to Opposite Party: Notice is issued to the opposite party, who must file a written version within 30 days (extendable by 15 days).
5. Evidence & Arguments: Parties file evidence by way of affidavits and advance arguments.
6. Order: The commission passes a final order, which may include removal of defect, replacement of goods, refund of price, compensation for loss/injury, or costs.
7. Appeal: An appeal against the order lies to the next higher commission within 45 days.

The following forms are commonly used in a Consumer Complaint India:

• Form I: Format for filing a complaint before the District/State/National Commission (prescribed under the Consumer Protection Rules, 2020).
• Form II: Format for filing an appeal.
• Form III: Format for filing a revision petition.
• Affidavit in support of complaint: Sworn statement verifying the facts.
• List of documents: Copies of bills, invoices, warranty cards, correspondence, etc.

These forms are available on the e-Daakhil portal and the official websites of consumer commissions.

Any person who is a 'consumer' under the Consumer Protection Act, 2019 can file a Consumer Complaint India. A consumer is defined as:

• Any person who buys any goods for a consideration (not for resale or commercial purpose)
• Any person who hires or avails any services for a consideration
• Includes a beneficiary of such goods/services

Additionally, a registered consumer association, the Central or State Government, or a class action complaint by multiple consumers can also be filed. The complaint must be filed within two years from the date of cause of action.

The Consumer Protection Act, 2019 prescribes time limits for disposal of complaints:

• The commission shall endeavor to dispose of the complaint within 3 months from the date of notice to the opposite party (if no analysis/testing is required).
• If testing/analysis is required, the timeline is 5 months.
• Appeals are to be disposed of within 90 days from the date of admission.

These are statutory timelines; actual time may vary based on court workload and complexity.

The fee for filing a Consumer Complaint India is prescribed under the Consumer Protection Rules, 2020. The fee is payable by way of demand draft or online payment. Below is the fee structure:

Note: Fees are subject to change. Please verify with the concerned commission.