Understanding the Consumer Court System in India: An End-to-End Comprehensive Guide on Filing a Complaint
Understanding the Consumer Court System in India: An End-to-End Comprehensive Guide on Filing a Complaint
Consumers are, after all, citizens of this country and can often face difficulty in choosing such legal recourse for their grievances, and redressal doesn’t come easy.
4th May 2024
In India, the Consumer Protection Act of 2019, stands as a pillar of support for consumers encountering issues with goods and services. Navigating the consumer court system requires a deep understanding of the processes, courts, types of complaints and the rights bestowed upon consumers.
Consumers are, after all, citizens of this country and can often face difficulty in choosing such legal recourse for their grievances, and redressal doesn’t come easy. Hence, let us break it down for you and delve deeper into each aspect to provide a comprehensive guide for individuals seeking justice in consumer disputes.
Processes Involved in Filing a Complaint
1. Pre-Filing Steps: Before initiating formal proceedings, the aggrieved party may opt to send a legal notice to the goods and service provider, detailing the defects or deficiencies encountered and the intention to pursue legal action. While this step is completely optional, it is essential, preferred and recommended by lawyers as it aims to resolve disputes amicably and without a prolonged legal battle in the court or months spent resolving the issues of the case.
In conversation with the Pune Pulse, Hrithik Gone, a 24-year-old from Pune, revealed how he had to send a legal notice to a bike company from which his brother and he booked and purchased the bike. They shall later file a consumer complaint and pursue the case further if the notice is not complied with or the compliance they are offering is an unsatisfactory one.
He explained how these legal notices before filing a complaint are very necessary, as they not only notify the goods and service provider but also determine their stance, whether the demand or claim is being met with or not, and any other counter-reply on the matter, which becomes a decisive point in whether or not to pursue the complaint further by filing a consumer complaint in the commission.
2. Drafting the Complaint: Should the goods and service provider fail to offer the due compensation or remedy, the next step involves drafting a formal complaint under the Consumer Protection Act, 2019. This complaint must adhere to prescribed guidelines, including essential details such as the name(s) of the parties involved, addresses, cause of action and relief sought.
3. Choosing the Right Forum: Consumer disputes can be adjudicated at three levels of consumer forums: District Consumer Disputes Redressal Commission (DCDRC), State Consumer Disputes Redressal Commission (SCDRC) and National Consumer Disputes Redressal Commission (NCDRC). The choice of forum depends on the value of the claim for damages or redressal, with each forum having its prescribed jurisdictional limits and limits to the sum of the claim.
4. Filing the Complaint: Consumer complaints can be filed offline directly at the relevant consumer court or commission, or online through the E-Dakhil portal. The process involves submitting necessary documents, paying a prescribed fee and ensuring compliance with all the procedural requirements.
5. Timeline for Resolution: While the Consumer Protection Act mandates a timeline of three months for resolving disputes, the actual duration may vary based on case complexities. Hearings are typically scheduled within a few weeks to months after filing the complaint, with the final judgement taking anywhere from six months to even several years.
6. Review Petition: Parties dissatisfied with the decision and order of the consumer commission have the option to file a review petition. This allows the commission to reconsider its decision based on certain grounds such as jurisdictional errors, material irregularities and additional information, providing an avenue for seeking recourse against perceived injustices.
Types of Complaints:
1. Adoption of Unfair Trade Practices: Consumers can file complaints against service providers engaging in unfair trade practices, such as misleading advertisements, false claims or deceptive pricing strategies.
2. Defective Goods: Complaints related to defective goods, whether already purchased or agreed upon before purchase, fall within the purview of consumer protection laws. Consumers have the right to seek redressal for any product defects affecting their utility, purpose or safety.
3. Deficiency in Services: Issues arising from deficiencies in services, including delays, wrong goods, misplaced goods, negligence or substandard quality, are all grounds for filing complaints in consumer courts. Consumers are entitled to receive services commensurate with their expectations and contractual agreements as soon as they have purchased, booked, reserved or ordered them.
4. Overcharging of Goods or Services: Complaints regarding overcharging of goods or services, exceeding the price fixed by law or displayed on packaging, can be addressed through consumer forums. For example: grocery products which don’t comply with the MRP. Consumers have the right to fair pricing and transparency in transactions.
5. Selling Hazardous Goods or Services: Consumers encountering hazardous goods or services posing threats to life and safety have the right to seek redressal. Service providers are obligated to exercise due diligence, issue advisory or information on display of the product, and ensure the safety of their offerings, be it in ingredients, raw materials etc.
Understanding the Consumer Courts
1. District Consumer Disputes Redressal Commission (DCDRC): Established in each district, the DCDRC hears cases where the value of the claim is up to Rs 50 lakhs. It serves as the primary forum for resolving consumer disputes at the grassroots level.
2. State Consumer Disputes Redressal Commission (SCDRC): Operating at the state level, the SCDRC entertains cases with claims exceeding Rs 50 lakhs and up to Rs 2 crores cap amount. It serves as an appellate authority for disputes escalated from the DCDRC.
3. National Consumer Disputes Redressal Commission (NCDRC): Located in New Delhi, the NCDRC serves as the apex consumer forum, hearing cases with claims exceeding a minimum of Rs 2 crores with no cap amount. It functions as both an original and appellate authority, providing a platform for addressing complex consumer disputes.
The consumer court system in India embodies a commitment to protecting consumer rights and ensuring fair and transparent transactions in the marketplace. By understanding the processes, types of complaints and the hierarchy of consumer forums, individuals can navigate the legal landscape with confidence and seek redressal for grievances encountered during transactions of goods and services. Consumer protection laws stand as a beacon of hope, empowering consumers to assert their rights and hold service providers accountable for any wrongdoing.
To file a consumer complaint, you can go to:
