Consumer Complaints

CONSUMER COMPLAINT

A consumer in India has several rights under the Consumer Protection Act, 1986. If a seller has sold a consumer a defective product, or a service provider has provided inadequate service, a consumer can seek relief under the law by filing a Consumer Complaint. The Consumer Complaint is a formal complaint filed against a seller/service provider. This is filed before the appropriate consumer forum which is also called the consumer court. The Consumer Complaint is filed when the seller/service provider doesn’t rectify the problem even after he or she has been served a legal notice. The Consumer Complaint consists of details and evidence about the said defective product/service, and the compensation/relief sought by the consumer. The Consumer Courts in India are different from other courts. They have been established exclusively to provide relief to consumers in a quick and effective manner

BENEFITS OF FILING CONSUMER COMPLAINTS

• A full refund of the amount the consumer has paid
• The defect in the goods/service will be rectified
• A replacement to the defective product will be provided
• There is reimbursement of all legal costs incurred in filing the consumer complaint
• There is compensation given for any loss/suffering (this includes mental agony)
• The seller will be ordered to discontinue his or her unfair trade practices
• The consumer complaint can be filed in the District/State, where the seller resides/or conducts his or her business. It can also be filed in the location, where the purchase was made/or service was rendered
• If the sale or purchase has been made online, then the location mentioned in the terms of service for dealing with disputes on the seller’s website, will be chosen for filing the complaint.

ELIGIBILITY CRITERIA FOR FILING A CONSUMER COMPLAINT IN INDIA

According to the Consumer Protection Act, any individual can file a Consumer Complaint if he or she are the following:

1. A consumer who has purchased goods, availed of services for his or her personal use (Goods purchased must not for resale or commercial reasons)
2. Any individual who is a registered volunteer of an organization that acts on behalf of consumers. For example, an organization such as The Consumer Guidance Society of India
3. A group of consumers that have a common interest.
4. The legal heirs of a deceased consumer
5. The relatives of a consumer
6. The legal guardian of a consumer, in case the said consumer is a minor

RIGHTS OF A CONSUMER

PROCESS TO FILE A CONSUMER COMPLAINT

• An aggrieved consumer has to send a written notice to the Seller or Manufacturer explaining the problem, and the reason why he or she is unhappy with the product/service. For claims over INR 10,000, it is highly recommended that you consult with the ACE ALLIANCE legal team. Our team will help you to send the notice on an official letterhead. This will demonstrate to the seller how serious you are about taking legal action.
• Once the legal notice has been sent, the company in question will respond to your issue. Some companies offer a consumer fair compensation. At this stage, a consumer must decide what compensation is acceptable to him or her. If a consumer demands a very high amount as compensation, the consumer court may not entertain such a request. If there is no reply from the seller/company within the stipulated period of 15 days, the consumer should approach the consumer forum
• Based on the value of goods or services a consumer has purchased/or the compensation he or she is claiming, they can approach the appropriate consumer forum/commission. This could be the District Forum/State Commission/National Commission
• The consumer has the option of filing the complaint himself/herself or appointing a lawyer from ACE ALLIANCE to represent them before the forum/commission. The time taken for these proceedings usually range between 6 to 18 months. Each forum has a prescribed format to file the written complaint. The consumer must attach all the relevant documents supporting their consumer complaint such as invoices, receipts, delivery challans, written communication (emails and SMS), etc. It is important for a consumer to submit the legal notice that he or she has sent to the seller or service provider. This helps show intent to the court that the consumer tried to settle the matter out-of-court
• To file a consumer complaint, a consumer must pay a court fee. If the case is ruled in the consumer’s favour, the Court will direct the seller to compensate the consumer for his or her legal costs, such as court/lawyer fees

FILING CONSUMER COMPLAINTS

The forum to file a consumer complaint is basis the value of the goods & services purchased and the compensation a consumer is claiming. The consumer complaint can be filed in the District or State, where the seller resides/or conducts his or her business. It can also be filed in the location where the purchase was made or the service was rendered. If the sale or purchase was made online, then the place mentioned in the terms of service for dealing with disputes, on the seller’s website, will be chosen for filing the consumer complaint.

FAQS ON CONSUMER COMPLAINTS

DOES A CONSUMER NEED A LAWYER TO FILE A CONSUMER COMPLAINT?          

It is always advisable to hire a lawyer from ACE ALLIANCE where the value is high or where the consumer complaint is of a very serious nature, such as medical negligence. Our team of consumer lawyers at ACE ALLIANCE are very experienced in handling such cases. They will can help you every step of the way to file a strong case against the offending party.

HOW LONG DOES IT TAKE TO RESOLVE A CONSUMER COMPLAINT?

It usually takes between 8 to 18 months to complete a Consumer Complaint case. In matters which are contentious, it may take a bit longer. Sometimes an out of court settlement is the preferred solution to resolve the matter in a swift manner.

ARE THERE ANY STANDARD METRICS FOR CLAIMING COMPENSATION?

There are no standard metrics defined by the Consumer Protection Act, 1986. However, a reasonable amount must be claimed as compensation, along with the justification for the amount being claimed.

WHAT IS THE PROCEDURE FOR FILING CONSUMER COMPLAINTS ONLINE?

Once the notice is sent to the vendor and there is no reply/response within the time prescribed/ or if the vendor rejects the notice, then an online consumer complaint can be filed at https://consumerhelpline.gov.in/

CAN THE CONSUMER FILE A CONSUMER COMPLAINT WITHOUT A LEGAL NOTICE?

The consumer court expects a consumer to try and resolve the dispute before approaching the court. The legal notice a consumer has sent to the offending seller/service provider serves as proof of intent. If the offending seller/service provider doesn’t respond within the timeframe of 15 days, then a consumer must approach the consumer court.

Once you get in touch with us at ACE ALLIANCE with your request to send across a consumer complaint, we will start the process. After our team receives all the details, our expert team of lawyers and attorney will create the consumer complaint sample and send it across for your reference within 2- 3 business days. The price you pay for these services will includes three rounds of iterations. Therefore, if you need any changes done to the consumer complaint, our team of lawyers at ACE ALLIANCE will do the needful.