India is home to billions of people who buy anything from simple necessities like food and drinks to luxury items like a television or a vehicle. The Consumer Protection Act of 2019 was enacted to safeguard such customers' interests and provide an effective solution to their complaints. The procedure of bringing a consumer court case has been simplified and expedited in order to provide customers with satisfaction and remedy.

Who is Consumer?

To file a consumer complaint against a Chinese Company, the complainant must be a consumer. The consumer is the primary key in the market, and all operations in the market revolve around him. A consumer is an individual who buys things or services for their own personal use rather than for resale or manufacturing for a fee.

Who can File A Consumer Complaint?

Consumers have grown more engaged and influential in recent years as a result of awareness efforts, asserting their rights when they are defrauded or mistreated. For example, suppose you are a customer and have complaints about a product or service, such as quality, faulty material, being charged an excessive price, etc. In that case, you can submit a complaint and seek protection. The Consumer Protection Act of 1986 governs consumer protection and rights in India. The statute states that the following individuals may make a complaint:

Consumer- According to Section 2(7) of the 2019 Act, a consumer purchases products or receives services for monetary consideration, except for any consumer who obtains the goods or services for resale or commercial use. According to the definition's explanation, "buys any products" and "provides any services" also encompass online transactions conducted via digital communication, direct selling, teleshopping, and multi-level marketing. Online transactions are a distinguishing feature of this legislation, adopted in response to the expanding e-commerce business and technical advances.

Voluntary Consumer Association - The VCA must be registered under the sections of the Companies Act 2013 or 1956 or any other applicable law at the time.

Central or State Government

A Group of Consumers who have A Common Interest.

The complaint must be submitted within two years of the underlying cause of action. If there are reasonable reasons for the delay in bringing the complaint, the court will hear the case after two years.

How to File a Consumer Complaint Against a Chinese Company in India

Before submitting any consumer complaint against a Chinese Company, the consumer is obligated to notify the opposing party of the consumer's concern. If the problem has been handled, there is no need to complain. However, if this is not the case, the customer may contact the consumer forum using the following procedure:

1) The Consumer must register his complaint in the venue where the issue is heard. Jurisdiction can be based on both land and money.

• In territorial jurisdiction, a complaint may be filed in the forum within whose local limits the opposing party resides, conducts business, has a branch office, or works personally for gain; or, if there is more than one opposing party in the place where any opposing party resides, conducts business, has a branch office, or works personally for gain; or, if there is more than one opposing party, in the place where the cause of action arose.
• The consumer must see the amount involved in the complaint under pecuniary jurisdiction. The jurisdiction is as of District Forum: State Commission: Rs. 20 Lakhs to Rs. 1 Crore, and National Commission: More than Rs. 1 Crore.

2) You must pay the authorised fee as a demand draught drawn on a nationalised bank payable to the Registrar of the Consumer Forum.

3) You must prepare and document your complaint, including data such as your name and description, the complainant's and opposing party's addresses, and the facts essential to establish your cause of action. You must sign at the conclusion of the complaint.

4) Copies of documents that support your case and allegations, such as a copy of the bill, warranty with a copy of the complaint written and notice of the grievances sent to the opposing party.

5) The complaint should include the amount of compensation and remedies sought from the opposing party, as well as requests for refunds, a claim for damages, litigation costs, and so on. You must specify the amount needed under each heading.

6) You must explain how your matter comes under the jurisdiction of the forum where the complaint is filed.

7) If you have not filed the complaint within two years of the cause of action, you must indicate the reasonable basis for the delay.

8) You must also file an affidavit confirming that the facts and information contained in the complaint are truthful and correct.

9) He or his authorised agent may present the complaint; no lawyer is required. It is entirely up to you whether to employ a lawyer or represent yourself in court.

10) A minimum of 5 copies of the complaint must be submitted in the forum, with an additional five copies forwarded to each opposing party by registered mail.

Chance of Consumer Rights in India

Consumer Rights

(i) the right to be safeguarded against the promotion of commodities, products, or services that endanger life & assets;

(ii) the right to be informed about the amount, quality, potency, purity, standard, and price of commodities, products, or services, as applicable, to safeguard consumers from unfair commercial trade approaches;

(iii) the right to have a ticket to a wide range of goods, products, or services at reasonable rates;

(iv) the right to be heard & to be guaranteed that consumer concerns would be taken into account in suitable forums;

(v) the right to seek remedies for unfair commercial practises, restricted trade practises, or unethical consumer exploitation; and

(vi) the right to consumer education;

The Process of Filing a Consumer Complaint

The procedure of filing a consumer complaint against a Chinese Company involves the following steps:

Legal Notice

The first step in the filing of a consumer complaint against a Chinese Company is to file legal notice to the accused party before filing a formal complaint in court. Every aggrieved party must issue a legal notice to the accused individual alleging a deficiency in services and/or unethical business methods, such as selling faulty goods and products, among other things. A legal notice is delivered to evaluate whether the accused is willing to admit the error and offer recompense for the consumer's unjustified loss.

If the defendant does not react to the legal notice within 30 days or simply disregards or refuses to act on the conditions placed in the notice by the aggrieved, the aggrieved has the absolute right to redress through an appropriate judicial proceeding.

Finding The Jurisdiction of Court

When a defendant fails to react to a legal notification, the consumer must first ascertain the authority of the Forum to which the complaint must be addressed. The complaint must consider both the tribunal's monetary and territorial jurisdiction.

The territorial jurisdiction must be determined based on the local borders of the District, State, or National Commission under the jurisdiction of which the accused resides or runs a company or has a subsidiary office. The jurisdiction may extend to any accused when there is more than one accused. It's also possible that the 'Cause of Action' appeared here.

Fee for Consumer Court

Following that, the complainant must pay a regular charge to the District, State, or National Commission, as appropriate, along with the complaint.

Complaint Contents and Supporting Documents

The complainant must precisely draught the consumer complaint, including all necessary factual data, and sign it. The name, address, and description of the complainant and accused against whom the remedy is sought in court must be included in the complaint. Furthermore, if the complainant gives another person power to submit the complaint, the complaint must be accompanied by a valid letter of authorisation from the complainant.

The complaint must include all supporting and relevant documents, such as a copy of the invoice for the goods or services purchased from the accused, documents pertaining to a warranty or/and guarantee of goods/services, a copy of the letter of complaint, and a copy of the legal notice served on the accused, requesting that he redress the goods he sold or make compensation.

Finally, the complainant must provide an affidavit with the complaint stating that the facts alleged and evidence offered in the complaint are, in his judgement, entirely correct and factual.

Aside from that, the complaint must be presented in the forum in at least five copies, with extra copies for each accused person.

Compensation

In the consumer complaint, the complainant must expressly indicate the type of redress or compensation sought from the accused party. In addition, the cost of compensation or losses suffered by the complainant must be expressly stated in the consumer complaint.

Furthermore, customers have the right to seek payment for the goods/services purchased, the cost of product harm, litigation fees, and some extra interest. The complaint must clearly explain the amount of compensation claimed under numerous key areas.

Delay and Limitation Period

The complainant has just two years from the appearance of the cause of action to initiate a lawsuit. In addition, an appeal to the State Commission must be submitted within 45 days following the District Commission's ruling. Finally, a request to the National Commission must be submitted within 30 days of receiving the lower court's ruling.

When there is a delay in submitting the complaint, it is solely the complainant's responsibility to clarify to compensate the Tribunal for the delay. The Tribunal can only pardon the delay if it is satisfied that the cause of the delay was reasonable and not intentional.

Final Submission

A consumer complaint can be addressed in person by the complainant, their authorised agent, or their lawyer.

The complainant may transmit the complaint by registered mail, and receipts should be kept for future reference. However, the complaint may also be filed online at "https://consumerhelpline.gov.in/," which is more convenient for the consumer and saves time. The complaint cost must be paid online using the appropriate payment site.

Conclusion
The dispute settlement and complaint filing mechanisms for consumer complaints against a Chinese Company are designed to safeguard customers' interests promptly while discouraging dealers from engaging in malpractice. By adopting an online form of complaint, the government has made a huge step forward in resolving customers' grievances in a timely way. Moreover, the online technique is one of the most excellent and useful procedures, especially during the pandemic, and it will have a greater impact on customers in the long term by sparing them from lengthy and tiresome procedures.