Submit Your Complaint Online
A consumer complaint in India is a legal way of seeking redressal for any grievance or dissatisfaction caused by a product or service. A consumer complaint can be filed by any person who buys or uses a product or service for a consideration, either for personal use or for earning livelihood. A consumer complaint can also be filed by a beneficiary of such product or service, with the approval of the original consumer.
There are various grounds for filing a consumer complaint in India, such as :
- Defective goods or services
- Deficiency in service or quality
- Unfair trade practices or restrictive trade practices
- Excess price or charges
- False or misleading advertisements
- Breach of warranty or guarantee
- Hazardous goods or services
- Violation of consumer rights
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Consumer Protection Bill was introduced in Lok Sabha in 2019 replacing the Consumer Protection Act, 1986. The bill has defined customer rights including the following:
- Protection against marketing goods and products which are harmful to life.
- Information regarding quality, quantity, purity, standard and price of goods and services.
- Access to different products and services at competitive costs.
- Reimbursement against unfair and fraudulent trade practices.
The Consumer Protection Act, 2019, provides for compensation and penalties in several scenarios:
- Product Liability: A product liability action may be brought against any product manufacturer, seller, or service provider to claim compensation for loss suffered by a consumer due to defective goods or deficiency in services. This includes engagement in any of the terms provided in sections 84, 85, and 86 of the CPA, all of which comprise unfair trade practices.
- Unfair and Restrictive Trade Practices: Consumers have the right to seek redressal against restrictive and unfair trade practices. Unfair trade practices are unjust practices towards the consumer, carried out using deceptive and fraudulent methods1. Restrictive trade practice is the manipulation of the flow of goods in the market to maximize profits by imposing upon the consumers, limitations, and arbitrary costs.
- Central Consumer Protection Authority (CCPA): The CCPA has been established under the aegis of the Central government to secure consumer rights. The authority’s key function is to regulate and inquire into unfair, restrictive, and exploitative trade practices either suo motu or on receiving complaints or on command of the central government and file the complaint before the appropriate CDRC.
- Compensation for Frivolous Appeals: Compensation can be claimed for frivolous appeals.
- Penalty for Frivolous Consumer Claims: There is an imposition of a penalty for frivolous consumer claims.
Please note that this is a general overview and specific cases may vary based on individual circumstances. For detailed information kindly refer to the Consumer Protection Act, 2019 along-with rules. You may also contact us
What is a Consumer Complaint?
A consumer complaint in India can be filed under the Consumer Protection Act, 2019, which provides for the establishment of three levels of consumer commissions: National, State, and District. The jurisdiction and composition of these commissions are as follows:
- National Consumer Disputes Redressal Commission (NCDRC): It has the power to entertain complaints where the value of the goods or services and the compensation claimed exceeds Rs. 10 crore. It also has the power to hear appeals against the orders of any State Commission or District Commission. It consists of a President, who is or has been a judge of the Supreme Court, and not less than four members, one of whom shall be a woman.
- State Consumer Disputes Redressal Commission (SCDRC): It has the power to entertain complaints where the value of the goods or services and the compensation claimed exceeds Rs. 1 crore but does not exceed Rs. 10 crore. It also has the power to hear appeals against the orders of any District Commission within the state. It consists of a President, who is or has been a judge of a High Court, and not less than four members, one of whom shall be a woman.
- District Consumer Disputes Redressal Commission (DCDRC): It has the power to entertain complaints where the value of the goods or services and the compensation claimed does not exceed Rs. 1 crore. It consists of a President, who is or has been a district judge, and not less than two members, one of whom shall be a woman.
Eligibility criterion to file online consumer complaint
- The issue should be relevant to the Consumer Protection Act and not fall under any civil, criminal or labor laws.
- The complaint should include a request for a refund and claim amount.
- The complainant should be a consumer, meaning they have exchanged money for goods or services.
- The goods or services were purchased for personal use and not for resale.
- A consumer association registered under the Companies Act or any other law can also lodge a complaint.
- 6. Both central and state governments are eligible to file complaints.
- A group of consumers with a common interest can collectively file a complaint.
- 8. A legal heir or relative of a deceased consumer is also eligible to file a complaint.
A consumer complaint in India can be filed online or offline, depending on the mode of filing available for the concerned commission. To file a complaint online, one has to visit the Integrated Grievance Redressal Mechanism (INGRAM) portal and register as a consumer. Then, one has to fill up the online complaint form with the personal details, contact information, and the particulars of the complaint. One also has to pay a nominal fee through online mode. After submitting the complaint, one can view the status and receive the reply online.
To file a complaint offline, one has to write a letter or an application addressed to the President of the concerned commission. The letter or application should contain the name, address, and contact details of the complainant and the opposite party, the facts and grounds of the complaint, the relief sought, and the supporting documents. The letter or application should also be accompanied by a fee in the form of a demand draft, postal order, or bank cheque. The fee varies according to the value of the complaint and the commission. The letter or application should be sent by registered post or delivered by hand to the commission. After receiving the complaint, the commission has to dispose of it within 90 days, or 150 days in case of testing or analysis of goods.
A consumer complaint in India is a powerful tool for the consumers to exercise their right to information, choice, safety, redressal, and education. A consumer complaint can help to expose and rectify any malpractice, fraud, or injustice in the market, and to demand accountability and compensation from the sellers or service providers. A consumer complaint can also help to improve the quality and delivery of goods and services, and to safeguard the interests and welfare of the consumers.
What are the eligibility Criteria in order to file a Consumer Complaint Online/ EDakhil?
The case needs to fall under the purview of the consumer protection act and not under any civil, criminal or labor laws.
The prayer portion of the complaint should consist of a refund and claim amount.
The cases where clients only claim compensation, possessions, return, or exchange of goods will not come under the purview of online consumer complaints/ Edakhil.
If the consideration, refund, or claim amount exceeds Rupees 50 lakhs, then it is not eligible for online filing in the district consumer forum.
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