THE CONSUMER PROTECTION ACT : ANALYZING THE METHOD OF FILING A COMPLAINT

By JusCorpus Blogs February 3, 2024

INTRODUCTION

It is stated in “Let the consumer be aware” that the buyer should know about the product before making a purchase. However, there are rights that these customers, particularly the person who purchases the goods from the buyer, cannot be infringed by anybody else. One such right is the ability to file a complaint about a violation of their rights as consumers with the appropriate authority. Consumers who feel their rights have been infringed may file complaints with the consumer courts. This blog addresses a complaint and its procedural aspects under the Consumer Protection Act.

DEFINITION OF COMPLAINT

According to Section 2(6)^[1] of the Consumer Protection Act 2019, a Complaint simply means a return allegation made by the consumer to obtain any relief when there is any

Unfair contract,
Unfair trade practices,
Restrictive trade practices
A deficiency of goods and services

Written or electronic consumer complaints can be submitted to the Central Authority, the District Collector, or the Commissioner of the regional office. A complainant may file a complaint with the National Commission, State Commission, or District Forum on a breach of consumer rights. Moreover, the complainant can submit an appeal to a higher Court if he is dissatisfied with the Consumer Court’s decision.^[2]

TERRITORIAL AND PECUNIARY JURISDICTION

The consumer should file their complaints to the forum based on the pecuniary and territorial jurisdiction.

DISTRICT COMMISSION – The District Commission is empowered to hear complaints in cases where the value of the products or services received in exchange for consideration is not more than fifty lakh rupees.^[3]
STATE COMMISSION – When the value of the products or services paid for as consideration exceeds fifty lahks but not more than two crore rupees, the State Commission will have the authority to hear complaints in this case.^[4]
NATIONAL COMMISSION – When the value of the goods or services paid for as consideration exceeds two crore rupees, then the National Commission will have the authority to hear complaints.^[5]

FEES TO BE PAID FOR MAKING COMPLAINT

The following changes have been made to the consumer complaint filing fee structure by the Consumer Protection Rules, 2018.^[6]

No fees are charged when the value of the cases is up to 5 lakhs
Rupees 200 is been charged when the value of the cases is from 5 lakhs to 10 lakhs
Rupees 400 is been when the case exceeds the value of Rupees 10 lakhs.
No fees have been charged for any appeal in state and national commissions.

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM

Each district has three members, and it was established in each one. An appeal from the DCDRF order may be made with the State Consumer Disputes Redressal Commission if the claim is valued up to Rs.1 crore^[7]

PROCESS IN DISTRICT FORUM

The complaint shall be written in the plain paper by the concerned consumer or through an authorized agent and it shall be submitted in the district forum.
The Complaint should be filed within 2 years from the date the issue arose,
The complaint should be made through the registered post to the concerned forum,
The complaint should include all the necessary documents and the name and address of the opposite parties,
The fees shall be paid to the president of the concerned district forum as a demand draft.^[8]

STATE CONSUMER DISPUTE REDRESSAL FORUM

The SCDRC was established in every state and is capable of hearing both initial and appellate complaints. An appeal from the SCDRC ruling to the National Consumer Disputes Redressal Commission may be made if the claim is valued between one crore to 10 crore.^[9]

PROCESS IN STATE FORUM

The complaint can be filed when the value of the goods and services exceeds 1 Crore but less than 10 Crore,
An appeal to the State Consumer Dispute Redressal Forum can be filed against the order of the district forum within 45 days,
The fees for the application should be presented to the registrar of the State Commission in the form of a Demand Draft.

DOCUMENTS TO BE FILED DURING APPEAL IN STATE FORUM

The following documents should be attached while appealing to the state forum,

Documents that constitute the correct names and addresses of all the parties
A certified copy of an order from the district forum for which the appeal is made,
Four copies of the appeal should be presented to each respondent,
Affidavit along with any delayed order, interim order
The opposite party should pay half of the claim made as a statutory deposit.^[10]

NATIONAL CONSUMER DISPUTE REDRESSAL FORUM

It was the highest forum in the three-tier Redressal System established by the Consumer Protection Act and had its foundation in New Delhi. If the claim is worth more than 10 crore, the court has pecuniary jurisdiction over it. It is also permitted to consider SCDRC appeals. Furthermore, the Supreme Court is the target of an appeal from the NCDRC’s order.^[11]

PROCESS IN NATIONAL FORUM

The National Consumer Disputes Redressal Commission should receive consumer complaint cases worth more than Rs 10 crore directly,
The National Commission may hear an appeal from a consumer who is disappointed by a State Commission order. Once the State Commission’s order was issued, the appeal must be filed within thirty days.
The National Consumer Disputes Redressal Commission charges a cost of Rs. 5000, which must be paid by demand draft to the commission’s registrar.
Within one month of the National Commission’s order being passed, an appeal against it may be filed in the Supreme Court.

REPORTING A COMPLAINT VIA ONLINE

To register a complaint online the consumer should register it through the website of the National Consumer Helpline https://consumerhelpline.gov.in/,

After entering the website through the login credentials, the consumer should click on the ‘Register your complaint’ along with uploading all the documents,
A complainant can also register through the NCH, Consumer app,
The complaint ID will be provided once it gets registered
The complainant can track the status of the complaint through this complaint ID.^[12]

CONCLUSION

The Consumer Protection Act takes care of the rights of the customer that is the buyer whose rights have been violated by the seller by way of all unscrupulous traders or sellers the act mainly focuses on mechanisms to solve all consumer-related disputes by establishing various Redressal Forums.

Author(s) Name: L M Lakshmi Priya (Sathyabama Institute of Science and Technology, Chennai)

Reference(s):

^[1]Consumer Protection Act 2019, s2(6)

^[2] Nayan Saini, ‘How to file a Complaint under the new Consumer Protection Act, 2019’(S & D Legal Associates, 31 July 2022) <https://www.sndlegalassociates.com/post/how-to-file-a-complaint-under-the-new-consumer-protection-act-2019> accessed 14 December 2023

^[3]Bhumika, ‘Pecuniary Jurisdiction Of District, State And National Commissions Revised Vide Consumer Protection (Jurisdiction Of The District Commission, The State Commission And The National Commission) Rules, 2021’(SCC Online, 30 December 2021) https://www.scconline.com/blog/post/2022/01/03/pecuniary-jurisdiction-of-district-state-and-national-commissions-revised-vide-consumer-protection-jurisdiction-of-the-district-commission-the-state-commission-and-the-national-commission-rules-2/ accessed 29 December 2023

^[4]Idib

^[5]Bhumika, ‘Pecuniary Jurisdiction Of District, State And National Commissions Revised Vide Consumer Protection (Jurisdiction Of The District Commission, The State Commission And The National Commission) Rules, 2021’(SCC Online, 30 December 2021) <https://www.scconline.com/blog/post/2022/01/03/pecuniary-jurisdiction-of-district-state-and-national-commissions-revised-vide-consumer-protection-jurisdiction-of-the-district-commission-the-state-commission-and-the-national-commission-rules-2/> accessed 07 January 2024

^[6] PRS Legislative Research, ‘The Consumer Protection Bill, 2018’(PRS Legislative Research)

<https://prsindia.org/billtrack/the-consumer-protection-bill-2018> accessed 14 December 2023

^[7] Surendranath evening college, ‘Process of filing a complaint in a consumer court’(Surendranath evening college )

<http://www.surendranatheveningcollege.com/wp-content/uploads/2020/09/process-of-filing-a-complaint-in-a-consumer-court.pdf> accessed 14 December 2023

^[8] AyushiMishra, ‘Consumer Complaint under Consumer Protection Act, 2019’(Tax Guru, 28 January 2020)

<https://taxguru.in/corporate-law/consumer-court-complaint-consumer-protection-act-2019.html#How_to_File_a_Consumer_Complaint_under_Consumer_Protection_Act_2019> accessed 14 December 2023

^[9]Surendranath evening college, ‘Process of filing a complaint in a consumer court’(Surendranath evening college )

<http://www.surendranatheveningcollege.com/wp-content/uploads/2020/09/process-of-filing-a-complaint-in-a-consumer-court.pdf> accessed 07 January 2024

^[10] AyushiMishra, ‘Consumer Complaint under Consumer Protection Act, 2019’(Tax Guru, 28 January 2020)

<https://taxguru.in/corporate-law/consumer-court-complaint-consumer-protection-act 2019.html#How_to_File_a_Consumer_Complaint_under_Consumer_Protection_Act_2019> accessed 07 January 2024

^[11] Surendranath evening college, ‘Process of filing a complaint in a consumer court’(Surendranath evening college)<http://www.surendranatheveningcollege.com/wp-content/uploads/2020/09/process-of-filing-a-complaint-in-a-consumer-court.pdf> accessed 14 December 2023

^[12] AyushiMishra, ‘Consumer Complaint under Consumer Protection Act, 2019’(Tax Guru, 28 January 2020)