Customers have the right to seek redress in a consumer court or forum and to register consumer complaints against a firm that fails to provide decent service or valuable products. As a customer, you have many rights under the Consumer Protection Act of 1986. You can also seek legal redress by filing a Consumer Complaint if a vendor sold you faulty or defective goods or a service provider provided poor service.

A Consumer Complaint is a formal complaint made against a seller or service provider before the appropriate consumer forum, sometimes known as consumer court. The Consumer Complaint is filed when the vendor or service provider fails to settle the complaint. The Consumer Complaint contains documentation proof and specifics concerning the unsatisfactory service/or product and your request for compensation and remedy. Consumer Courts in India are well-known for providing prompt and efficient legal aid since they are different from other courts and exist solely to give relief to customers.

Rights Provided to A Consumer

The Consumer Protection Act provides the consumer with the following rights in India. These rights are as follows-

Right to Safety

The customer has the right to be safeguarded against potentially harmful items or services.

Right to Information

The customer has the right to obtain information about the services or products they purchase.

Right to Choose

As a consumer, you possess the right to acquire various products and services at reasonable prices that you may tailor to your needs.

Right to be Heard

If a vendor or service provider violates your consumer rights, you can make your case heard and seek a remedy through the various consumer courts in each district.

Unfair Trade Practices Protection Act

As a consumer, you also have some rights against unfair trading practices, such as failure to send a bill, "No Exchange"/"No Refund"/"No Bargaining" techniques, and so on.

Who is A Consumer?

A consumer is somebody who buys services or items for personal use rather than for business or resale. A consumer is someone who is influenced by advertising and marketing or who decides whether or not to purchase an item at a store. Any individual who purchases specific things for a consideration that has been promised or paid to partially paid and partly promised or paid or found under any deferred payment scheme is referred to as a consumer.

Online Shopping Consumer Complaint

Every consumer complaint should contain a notarized affidavit with 1+1 sets (with File cover) + the number of opposing parties and the complainant's signature. The typical consumer complaint, together with all copies, should be rendered and indexed in the following order:

• Create an index
• Timetable of Events
• Memorandum from the Parties (with new complete addresses & telephone no.)
• A complaint accompanied by a notarized affidavit
• Receipts, vouchers, and any supporting paperwork for the e-commerce consumer complaint. (On the last page, all annexures must be certified as authentic copies with a name and signature.)
• A notarized signed affidavit is required if the delay exceeds the time limit. (2 years have elapsed since the action began)

The fee for consumer complaints is 5,000 yen (demand draught favouring "The Registrar, NCDRC, New Delhi"). Customers can register complaints at the "Upbhokta Nyay Bhawan," Ground Floor, "F" Block, General Pool Office Complex, INA, New Delhi-110 023 between 10:00 a.m. and 4:30 p.m. on all working days (Monday through Friday).

Some Common Consumer Complaints in Online Shopping

We buy goods and services regularly. This is because we rely on companies and organisations to live comfortably in the contemporary world, and we pay them with our hard-earned money for everything from banking and education to basic essentials like food and clothes.

Companies may, on occasion, fail to provide high-quality services or items. Many individuals are aware that regulations and a consumer court are in existence to safeguard consumers in these situations.

To help you identify who is attempting to deceive you, the FTC has compiled a list of the top ten typical consumer complaints that they feel signal your chance of being financially abused, scammed, or exploited.

Credit Cards

Among the concerns were account and billing difficulties, unexpected interest rate hikes, late fees, and overcharges. The category's low ranking on the list is the lone surprise. Historically, credit card complaints have been among the top three. However, the corporation may benefit from congressional legislation limiting credit card issuers' ability to charge high fees and interest rates.

Telecommunications and Mobile Phone Services

The cost of calls to toll-free lines, unlawful service switching (slamming), and deceptive ads for prepaid phone cards were among the consumer concerns. Although the FTC does not examine complaints concerning exorbitant termination costs, unfortunately legal, we believe the number of complaints would be substantially greater.

Scams Using Counterfeit Checks and Foreign Currency

"Letters or emails offer the 'opportunity' to partake in a percentage of millions of dollars that a self-proclaimed government official is seeking to unlawfully transfer out of a foreign nation in exchange for money," the FTC said.

Bidding over the Internet

Please give all relevant information about the product or the terms of sale; non-delivery or late delivery of products and items of lesser value than promised were among the complaints. The word "Craigslist or eBay scam" characterises this situation.

Fraudsters Use Imposters

Con artists pose as government personnel or victims' relatives to lure them into participating in a lottery fraud overseas.

Catalogue Sales and Home Shopping

Customers claimed several issues, including hidden fees, late or non-existent delivery, and a failure to keep commitments. However, a little web study may avoid many of these problems.

Lotteries, Sweepstakes, and Awards

The FTC define this category as "promotions for 'free' gifts for a price; worldwide lotteries and sweepstakes supplied by phone, fax, email, or mail, and so on." 

Schemes offering something for free fall under the third type addressed below. The acronym TANSTAAFL was originally used in the 1930s. There are no free lunches in life, according to the sign. The remark is as true now as it was back then.

Services Provided over the Internet

Internet service providers, among other things, have concerns with trial offers, account troubles, hidden costs, spyware, adware, malware, and social networking services (ISPs). However, the primary issue for clients interacting with Internet firms is that there is rarely a storefront or a place where they can go to complain in person.

Debt Repayment

Debt collectors have been charged with various unlawful and unethical practices, including initiating several contacts, exaggerating the size or status of a debt, neglecting to provide proper warning, and even using vulgar language.

Identification Theft

According to the FTC, identity theft happens when someone utilises your personal information, such as your social security number or credit card number, to commit fraud or theft. 

Identity theft happens when your financial institution sends payments to the wrong individual while taking funds from your account. The basic responsibility of a bank is to "give money to the proper person," even if that person pretends to be you.  

Benefits & Remedies

• A total return of the sum paid for the goods or services.
• All 'legal fees' paid in filing the Consumer complaint will be reimbursed.
• The flaw in the goods or services will be corrected.
• Replacement for the faulty product.
• The seller may be well-ordered to cease their unbalanced trading behaviour.
• Compensation in whole or in part for any loss or suffering (including mental pain').
• If the sale or purchase was made online, the location specified in terms of service for handling disputes should be used to file the Consumer complaint on the seller's website.
• The consumer complaint may be submitted in the District/State where the purchase was made, or the service was delivered or in the location where the seller resides or conducts business.

Steps to File A Consumer Complaint

The steps to file a Consumer Complaint are as follows-

File A Consumer Complaint

The Department of Consumer Affairs has established a hotline at "consumerhelpline.gov.in" to provide advice, raise awareness, and resolve consumer complaints. It also serves as a central registry for consumer complaints. In addition, the government of India operates the consumer online resource and empowerment centre in collaboration with the 'Consumer Coordination Council' and the 'Department of Consumer Affairs to resolve consumer grievances and complaints, commonly known as the grievance redressal system.

Send a Notice in Writing

The first step is to write a written letter to the Seller/provider or Manufacturer outlining the issue and why you are hopeless and dissatisfied with the goods or service.

For claims above Rs. 10,000, it is generally suggested that you contact a lawyer. It can assist you in sending the notification on official letterhead. This will also specify and convey to the vendor that you intend to take legal action.

Wait for the Seller to Respond

After you deliver the legal notification, the corporation will respond to your complaint and may give you appropriate compensation. You must know what applicable pay is acceptable to you at this time. Courts will not hear your request for a large sum of money as compensation since it would get you nowhere. If you are still waiting to receive a response within the specified time frame, you can contact the 'consumer forum' (15 days).

Select the Appropriate Judicial Forum

You can contact the relevant consumer forum/commission depending on the cost of the products or services you purchased or the compensation you want. District Forum, National Commission, and State Commission are examples. You may file the Consumer complaint yourself or hire an advocate to represent you before the commission/forum.

Fill out A Written Consumer Complaint Form

Each forum has an established protocol to follow when registering a 'written Consumer complaint.' All essential documentation supporting your consumer complaints, such as receipts, invoices, written correspondence (emails and SMS), delivery challans, and so on, must be attributed. In addition, it is critical to file legal notice that you have addressed the vendor or service provider so that the Court is inclined to believe that you attempted to resolve this disagreement outside of the Court.

Pay The Compliant Court Fee

To register a consumer complaint, you must pay a court charge. If the lawsuit is determined in your favour, the Court will order the seller to reimburse you, including all of your legal costs, such as court fees and lawyer fees.
 

Summary of The Process for Filing A Consumer Complaint

The consumer complaint can be registered on plain paper, eliminating the need for stamp paper for declaration. The details of the complainant and the opposing party should be included in the Consumer complaint. The following information should be included in the consumer complaint:

• The name and complete residential address of the opposing party or parties.
• Amount spent in total for goods and services.
• The complainant's full name and residential address
• The date on which the services or products were purchased.
• The details of the Consumer complaint, whether against the provision of defective goods, the collection of an excess price, unfair trade practice or a shortcoming in the service given, should be fully specified in the Consumer complaint petition.
• The Consumer Protection Act redress was requested.
• Details of purchased products with numbers or services entertained
• The complainant or his authorised representative must sign the Consumer complaint.
• Bills/receipts, as well as copies of any related notes.

Conclusion

Many Acts, including the Sales of Goods Act and the Indian Contract Act, protect consumer rights. However, in the event of a breach of a consumer's right, the offended party might bring a civil complaint, which is costly and time-consuming. Whereas the Consumer Protection Act of 1986 was enacted primarily to defend the rights and interests of consumers. As a result, statutory organisations "known as Consumer Courts" are formed under this Act to deal with consumer lawsuits.

If you are experiencing difficulties with a product or service you have purchased, you may take quick action! At the conclusion, you may submit a Consumer Complaint; nevertheless, you must send a legal notice to the vendor or service, which is very necessary.

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