Consumer Complaint Board

How Does The Indian Consumer Complaint Board/ Forum Help?

Online Legal India LogoBy Online Legal India Published On 17 Oct 2022 Updated On 17 Jan 2023 Category Consumer Complaint

If a consumer's rights are violated, they can go to the appropriate authorities and complaint forums listed in the consumer protection law. There are consumer dispute resolution commissions at three different levels: district, state, and national. Every one of these forums has a responsibility to take consumer complaints seriously and to hear them out. These Commissions' authority is determined by:

  • The cost of the purchased products or services
  • The buyer's or seller's residence, a party's place of employment, or the scene of the conflict
  • The location of the complainant's residence

To be allowed for a hearing before the Consumer Disagreement Redressal Commissions, complaints must be filed within two years of the date the dispute first surfaced. 8. Following are the Complaint Redressal Commissions that can be contacted regarding violations of consumer rights and the kinds of cases they decide on:

District Consumer Disputes Redressal Commission (DCDRC)
 

The District Commission is a district-level complaint redressal body that examines grievances regarding commodities with a value of less than one crore Indian rupees9. Within 21 days, the Commission decides whether to accept or dismiss a complaint. The District Commission will take the complaint and investigate it if the commission does not react within the allotted time10. The commission must give the complainant a chance to be heard before rejecting a complaint. The Commission has the authority to either require the removal of any issues or flaws in the products or services received or the payment of a fine11 as compensation for the complainant. Within 45 days of the District Commission's ruling, the parties to a matter also have the choice to appeal the District Commission's decision to the State Commission 12. On the website of the National Consumer Redressal, you can discover information on the district commissions.

State Consumer Disputes Redressal Commission (SCDRC)
 

The State Commission is a state-level complaint redressal forum where complaints against commodities with a value between Rupees 1 crore and 10 crores can be made. It is situated in the capital of the relevant state. There are around 35 state commissions across the US that hear complaints, district commission appeals, and instances involving unfair contracts14. Within 30 days of the order's date, a challenge to the State Commission's decision may be made to the National Commission. The National Commission must make a decision on such an appeal within 90 days of it being lodged.

National Consumer Disputes Redressal Commission (NCDRC):
 

The National Commission is in charge of handling consumer complaints at the highest level. It is in New Delhi, please. The NCDRC is the place to go if you have complaints against products or services worth more than 10 crore rupees, as well as appeals against any decisions made by the State Commission or the Central Consumer Protection Authority. Within 30 days after the date the order was passed, an appeal against the National Commission's judgement may be filed with the Supreme Court. On its website, the Commission posts its orders. The Commission is legally permitted to publish the orders, and the publication of these orders will not subject the Commission to legal action20.

Time For Deciding Complaints
 

The Commissions are required to make a decision regarding a consumer complaint within three months. If testing of the products or problems is necessary, this can be extended to five months21.

Appeals for orders passed by Commissions
 

If no appeal has been filed within the allotted time limit, the Commission's decisions are final. There are exceptions to this regulation, since the Commission may consider cases in which appeals were not submitted by the deadline. In addition to these clauses, if and when the parties petition, the State and National Commissions may move the cases from one district commission to another and from one State Commission to another.

Appeal Against a Consumer Court Order
 

The Consumer Protection Act was replaced in 2003 by the Consumer Complaints Act. It became effective on April 1st, 2004. The Act calls for the creation of a single national body to accept, look into, and address consumer complaints about any issue covered by the Act, including goods, services, and commercial activities.

Within two years after the claimed act's occurrence, a customer has two years in which to file a complaint with a trader. The complaint must be submitted in writing to the registered office of the company in question. Additionally, a copy must be delivered to the company registrar. The complaint must be in writing, including the complainant's signature and stamp, and state the specific grounds for the complaint.

If you are a customer, you have the right to complain to the Consumer Protection Commission about a corporation (CPC). The CPC is a freestanding federal agency created to safeguard consumers. If your claim is not settled, the CPC can assist you in getting justice and in resolving your complaint. On how to file a complaint, see the CPC website.

Conditions for Filing a Complaint
 

You have the right to anticipate specific things from someone when you purchase their goods or services. You can grumble if you don't get those items.

Anything that when used or accessed poses a risk to life and safety is considered a hazardous good or service. For instance, you would need to register as a hazardous trader if you were selling a can of deadly gas.

Filing a Complaint in a Consumer Court
 

A consumer is someone who makes a purchase, whether it's a good or a service. What constitutes a consumer, then? Anyone who has received something as a gift or made a transaction using money.

A consumer is a person who engages in transactions or purchases goods or services based on a deal. An agreement to provide goods or services for less than the going rate on the market is referred to as a bargain.

A firm can only be sued once by a single person. For instance, a customer who is in conflict with a business can only bring legal action against that business. The business cannot sue the customer for monetary damages.
 

Consumer Complaint Online

Consumers can file complaints and grievances at the Helpline, consumerhelpline.gov.in, an online resource centre. This facility is open every day of the week, around the clock.

The helpline was established by the Department of Consumer Affairs to raise awareness, provide guidance, address consumer complaints, and serve as a central repository for complaints made by consumers.

How Do I File A Complaint In An Online Forum or Consumer Court?
 

In the event of defective product delivery, subpar service, or harassment, a customer may file a claim in a consumer court against a service provider or a vendor.

The judiciary hearings on consumer complaints are under the jurisdiction of the Indian government. The full process of bringing a complaint in consumer court will be covered below.

The first level of appeal for consumer issues is the Consumer Court. It handles situations where the maximum financial transaction is between 20 and 50 lakhs.

The Act gives the Government the authority to enact regulations to carry out the Act's mandates. The State Government has the authority to enact rules governing the filing of complaints, the conduct of investigations, the formulation of rules governing the conduct of the investigations, and the formulation of rules governing the punishment of anybody found guilty of an offence under the Act.

The Completes Procedure to File a Consumer Court Online Complaint
 

When a customer is unhappy with a company's service or a person's goods, the customer files a complaint. This is done for the benefit of the customer to prevent a similar issue from occurring again. A certain amount of time must pass before a complaint can be filed. In the absence of this, the complaint can be dismissed. Consumerhelpline.gov.in is the website where complaints can be made.

You must first choose the proper jurisdiction before drafting your complaint, which must include the details required to prove your case. You must sign the complaint after its conclusion. A letter of authorisation must be included with the complaint if another person has been given permission to file it. Don't forget to include the complainant's name, description, and address as well as the name, description, and address of the party or parties that the relief is sought

Have copies of every document that backs up your claims. You can include a copy of the sales receipt, warranty and guarantee paperwork, as well as a copy of the written complaint and notification you sent to the seller asking him to fix the item.

Additionally, you may request reimbursement for your expenses, which must be clearly alleged in the lawsuit. A customer may want refunds, damages, court fees, and interest in addition to compensation. You must break down the amount claimed under the various headings, but keep in mind to ask for compensation or other relief based on the forums' financial worth. Describe in your complaint how the case comes under this consumer board/ forum's authority.

The Act stipulates a two-year statute of limitations starting on the date the claim became valid. If there is a delay in filing the complaint, please provide a justification that the Tribunal can accept. Along with the complaint, you must also submit an affidavit stating that the facts described therein are accurate and true.

Without using an advocate, the complainant may present the complaint in person or through a designated representative. Sending the complaint by registered mail is an option. The complaint must be submitted to the consumer complaint board in a minimum of five copies. In addition, you need to file extra copies for each adverse party.

According to the guidelines in Section 15 of the Consumer Protection Act of 1986, anyone who feels wronged by a decision made by the District Forum has 30 days from the decision's date to file an appeal with the State Commission.

The consumer must be more aware of the tricks the trader uses and should defend their legal rights. With this blog, an effort is made to inform customers on how to submit complaints and how to take legal action against unscrupulous merchants who believe that customers have no recourse if they suffer harm.

Conclusion:

Online Legal India can assist you with any questions you may have about making a consumer complaint online. No effort will be spared by our legal professionals to make the process simple and hassle-free for you.


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