It is possible to take immediate action if you are having problems with a product or service you have purchased. The customer can send a legal notice to the vendor or service and then file an online Consumer Complaint if there is a need to do so.
What is a Consumer Complaint?
The Consumer Protection Act, 1986, guarantees you a number of rights as a consumer. In the event that you have purchased a defective product or received inadequate service from a seller, you may be able to seek redress under the law by filing an online Consumer Complaint.
There are various types of Consumer Complaints, which are formal complaints that are made against a seller or service provider, and are filed before the appropriate consumer forum (also referred to as the consumer court). In a Complaint, the seller or service provider is expected to rectify the problem even after receiving a legal notice but fails to do so.
As well as providing details and documentary evidence about the product and/or service that you believe is defective, the Complaint also provides a summary of the relief and compensation that the complainant is seeking. Indian Consumer Courts are separate from other courts and established exclusively to provide relief to consumers. These courts have a reputation for providing a fast and effective legal response to their clients.
The Benefits of Filing a Consumer Complaint?
- We would like to offer you a full refund of what you have paid.
- In the event of a product defect or service deficiency, the defect would be rectified.
- Replacing the defective item with a new one will solve the problem.
- It is a requirement that all legal fees that have been incurred in filing the complaint must be reimbursed.
- We believe that any loss or suffering (including mental agony) should be compensated for.
- There is a possibility that the seller may be ordered to cease their unfair trade practice immediately.
- A complaint can be filed in the local district court or state where the seller resides, where he/she carries on business, or where the purchase was made or the service rendered took place.
- It is recommended that the complaints be filed on the seller’s website, if the sale or purchase was done online, then the place specified in the terms of service for dealing with disputes is to be used for filing the complaint.
How to file a case in consumer court?
STEP 1: Give a written notice
Normally, the first step in the process is to write a formal letter to the seller or manufacturer stating both the problem and the reasons you are not satisfied with the product or service. You should not consult a lawyer and send the notice through the lawyer on official letterhead, for claims exceeding Rs. 10,000. A lawyer’s letter will show the seller what step you are taking seriously.
STEP 2: Let the seller respond
After you send the legal notice, you may receive a response from the company. A fair compensation may be offered. This is the time to know what your threshold for reasonable compensation is. Demanding a very high amount will not work, as the courts will not take it into consideration. After 15 days, if you don’t receive a response, you have the right to approach the consumer forum.
STEP 3: Pick the right forum
If you believe you have been victimized by a scam or have purchased defective products, you may approach the appropriate consumer forum/commission, such as the District Forum, State Commission, or the National Commission. Depending on the nature of the complaint, either you file it yourself or an advocate will be appointed to represent you before the inquiry board/commission. The time for the proceedings can range between a few months to a few years.
STEP 4: Send in a written complaint
The format in which you must file your written complaint depends on the forum. In order to support your complaint, it is important that you attach all the relevant documents, such as invoices, receipts, delivery challans, written communication (emails and SMS), etc. The court is likely to be convinced that you tried to settle this out-of-court by submitting the legal notice that you sent to the seller or service provider, so it is extremely important that you submit this legal notice.
STEP 5: Court Fees
A consumer complaint must be filed with the court by paying the following court fees:As a result of the Court’s success in your lawsuit, the seller will have to compensate you with all your legal costs, including court costs and lawyer fees, if they are won in your favor.
How Do You File A Consumer Complaint?
As I mentioned previously, which Forum you have to approach depends on the value of the goods and services purchased and the compensation that you are claiming. Suppose both items are valued at: A complaint can be filed in the local district court or state where the seller resides, where he/she carries on business, or where the purchase was made or the service rendered took place.
If the consumer made a sale or purchase online, in accordance with the terms of service, he or she would need to file a complaint on the seller’s website.