Who can file a complaint under the consumer court?

Only consumers can file complaints in the consumer court. Now, who is the consumer? As per the definition of the consumer, a consumer means a person who purchases any goods or services by paying money. Another condition for “consumer” is when a person buys goods or services for their own use. A person who purchases any goods or services for reselling does not come under the definition of “consumer. Now let’s see in detail, along with the consumers who can file a complaint under the consumer court.

• Consumers who purchase any goods or services for their own use.
• Voluntary organisation that was registered under the Companies Act 1956.
• One or more consumer groups who are facing the same issue of defective goods and services. 
• The Central or the State Government 
• The legal representative of a deceased consumer
• The legal representative of an heir of the deceased consumer
• Spouse or relative of the consumer

Applicability of filing a consumer complaint 

• When a consumer faces a situation that is applicable as grounds for filing a consumer complaint, like receiving defective goods or services or unfair trade practices or restrictive trade practices, the consumer can file a complaint. 
• The consumer must file the complaint within two years of purchasing and receiving defective goods and services. 
• The complaint must be filed by a sane person; he or she must not be insane or a minor. 

Reasons under which consumer can file a complaint under the consumer court 

• Service provider or seller adopts unfair or restrictive trade practices in sales transactions.
• Service providers provide defective goods that were either already bought by the consumer or agreed to be purchased in the future. 
• Service providers provide defective services that were  already taken by the consumer or agreed to be taken in the future. 
• Charging a high price for the goods or services by the service provider, higher than whatever price is mentioned on the packet of goods or decided by the laws or decided between the parties before buying the goods or services. 
• When any service provider or seller sells hazardous goods or services, knowing those goods and services can cause harm to the life and safety of the consumer.

Jurisdiction of the consumer court

District Consumer Disputes Redressal Forum 

The district consumer forum is established in each district of the state and the government appointed the three members for this forum. As per the latest amendment, complaint filing limits are increased in this forum; previously, it was Rs twenty thousand; now it has increased to Rs one crore. Consumers can file a complaint under the district forum when the value of defective goods and services is up to one crore. If the complainant is not satisfied with the results of the district forum, they can appeal to the State consumer disputes redressal forum. 

State Consumer Disputes Redressal Forum 

The State consumer disputes redressal forum is established in each state of the nation; the forum handles the original and appellate complaints. After the amendments, the complaint filing financial limit for the State consumer disputes redressal forum has increased from above one crore to ten crore; before the amendments, it was above Rs twenty lakh up to Rs one crore. If a complainant is not satisfied with the orders of the State consumer disputes redressal forum, then they can apply to the National Consumer Disputes redressal forum. 

National Consumer Disputes Redressal Forum 

The National Consumer Disputes Redressal Forum is located in  New Delhi; it has the highest authority among these three forums. This forum handled the original as well as the appellant complaint, which came from the State Consumer Disputes Redressal Forum. As per the latest amendment, the complaint filing limit has been increased; previously it was Rs. one crore; now it is a Rs. Ten crore complaints can be filed under the National Consumer Dispute Redressal Forum. 

What is the process of filling a complaint in the consumer court

Sending notice 

The consumer sends a notice to the service provider or seller and informs them about receiving the defective goods and services. Notice can be sent by the consumer before filing any complaint under the consumer disputes redressal forum. 

Filling a consumer complaint 

If the after-sending notice service provider or seller does not reply or does not provide compensation to the consumer for defective goods and services, then the consumer starts the process of filing a consumer complaint. Hiring lawyers is not compulsory for filing a consumer complaint, but it’s always advisable to hire a lawyer to handle consumer complaints effectively. 

• Name, details, contact details and address of the complaint and opposite parties.
• Purchase date of goods and services, payment figure, and other related details of the goods and services.
• Mention the reason for filing a consumer complaint, such as receiving defective goods or services or facing unfair trade practices. 
• Payment bills for goods and services and other proof, like conversation with the service provider about the defect. 
• Relief requested by the consumer, like compensation, a refund, replacement of the goods or any other suitable legal remedies. 
• Signature and verification of the complainant on the draft of the complaint.
• Copy of other related documents, such as a bill, receipt of delivery, proof of online booking of the product purchase, guarantee or warranty certificates and a copy of written notice sent to the seller of the product or services. 

Choosing appropriate forum 

In the consumer complaints’ pecuniary value, decide what is the appropriate forum for each complaint. Pecuniary value is decided according to how much value the consumer paid for buying goods and services and the amount of compensation demanded by the consumer. 

Payment of the fees 

Consumers, at the time of filing a complaint, need to pay the fees according to their applicable forum. The fee amount is decided according to the price of goods and services purchased by the consumer. 

Submit affidavit 

A consumer who wants to file a complaint against the seller or service provider must submit the affidavit along with the complaint that the information and documents provided with the complaint are true to the best of their knowledge.

Right To Law Firm 

Filing a case under the consumer protection laws in India is crucial and complicated. Understanding the grounds, pecuniary jurisdiction, applicable areas of the laws, sending the notice, filing a complaint and representing a court case is difficult and time-consuming. If you live in Noida or nearby places and receive any defective goods and services and face any unfair trade practices from any service provider or seller, And if you want to file a complaint in the consumer court, you can choose Right To Law Firm as your legal assistance. 

What is our specialties in legal services 

• We study and analyse the client complaint and find the applicable legal grounds for the complaint and the complaint’s pecuniary jurisdiction. With this analysis, we identify which legal sections apply to the complaint and which legal remedies the consumer can claim. If you are accused in the case, then after analysing, we create effective legal strategies to defend the client’s case in court. 

• Our lawyers draft a notice for the client to send to the opposite parties, effectively and lawfully mentioning defects in the goods and services. Also, mention in the notice that if the opposite parties do not rectify or provide compensation to the consumer, they will face serious legal consequences. 
• Our lawyers help the client to file a complaint in the accurate jurisdiction and help to collect the necessary evidence and documents that need to be filed with the complaint. We explain related grounds and legal remedies to the client; understanding these helps the client to choose the best option for mitigating their loss in the matter. 
• Our lawyers assist in other dispute-solving methods, such as mediation or out-of-court settlement among the parties, to solve disputes between the parties.
• Our lawyers have years of experience professionally representing client cases in the forum. If the client is the accused in the case, then with the same potential, we defend your case in the forum. If the client is not satisfied with the result of the forum, then our lawyers help the client to appeal in the higher jurisdiction. 

FAQs – Consumer Court and Legal Assistance