Understanding Consumer Complaints - Who, What, How and Where?

1. WHO IS A CONSUMER? 

According to the Consumer Protection Act 2019:  Section 2(7) “consumer” means any person who –

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.

Explanation. – For the purposes of this clause, 

(a) the expression ‘commercial purpose’ does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;

(b) the expressions ‘buys any goods’ and ‘hires or avails any services’ include offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;

2. WHAT ARE CONSUMER RIGHTS: 

SECTION 9 

Section 9 of the Consumer Protection Act explains  “Consumer rights” includes,—

(i) The right to be protected against the marketing of goods, products or Services which are hazardous to life and property;

(ii) The right to be informed about the quality, quantity, potency, purity, standard and price of goods, products or services, as the case may be, to protect the consumer against unfair trade practices

(iii) The right to be assured, wherever possible, access to a variety of goods, products or services at competitive prices;

(iv)The right to be heard and to be assured that consumers' interests will receive due consideration at appropriate fora;

(v) The right to seek redressal against unfair trade practice or restrictive trade practices or unscrupulous exploitation of consumers; and

(vi)The right to consumer awareness;

The four Consumer Rights advocated by John F Kennedy are:

• Right to Safety

• Right to be informed

• Right to Choose

• Right to be heard

3. COMMON DISPUTES

Refund grievances in the e-commerce sector are reported from across the country, spanning metropolitan cities as well as remote regions, underscoring the extensive reach and accessibility of the National Consumer Helpline as a pan-India consumer grievance platform. The top five sectors, which together accounted for over 85 per cent of the total refund amount, along with the number of grievances and refund amounts facilitated, are detailed below:

Highest number of grievances received for e-commerce sector (8,919) resulting in refund of ₹3.69 crore

4. WHERE TO CONTACT FOR COMPLAINTS?

Project Director, National Consumer Helpline Centre for Consumer Studies, Indian Institute of Public Administration, I.P Estate, Ring Road, New Delhi-110002

Website: https://consumerhelpline.gov.in 

National Toll Free No. -1800-11-4000

(All Working days - Mon- Sat, 09.30 AM to 05.30 PM).

SMS can also be sent to +918130009809 (charges apply) mentioning the name and city.

PRI No: 011-23762077 (charges apply).

STATE CONSUMER HELPLINES

5. WHEN CAN A COMPLAINT BE MADE?

A complaint may be made in writing under the following circumstances:

• Loss or damage is caused to the consumer due to unfair or restrictive trade practice of a trader or service provider;

• The article purchased by a consumer is defective;

• The services availed of by a consumer suffer from any deficiency;

• A trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the stipulated price;

• Goods or services, which will be hazardous to life and safety, when used, are being offered for sale to the public.

6. WHO CAN FILE A COMPLAINT?

• Any consumer;

• Any voluntary consumer association;

• Central Government or any State Government;

• One or more consumers, where numerous consumers are having the same interest

• In case of death of a consumer, his legal heir or representative

7. HOW TO DETERMINE JURISDICTION?

The Consumer Protection Act, 2019 revised the pecuniary thresholds significantly from the older 1986 Act. The current structure is as follows:

• District Consumer Disputes Redressal Commission: Claims up to ₹1 crore.

• State Consumer Disputes Redressal Commission: Claims between ₹1 crore and ₹10 crore.

• National Consumer Disputes Redressal Commission (NCDRC): Claims exceeding ₹10 crore.

The value considered here is the amount paid as consideration for the goods or services – not necessarily the compensation being claimed.

Under Section 34(2) of the Consumer Protection Act, 2019, a complaint can be filed in the district where any of the following applies: the opposite party resides or carries on business; the cause of action arose, wholly or in part; or – and this is a significant addition in the 2019 Act – the complainant resides or personally works for gain. This last provision is a major consumer-friendly change from the 1986 Act, which did not give consumers the option of filing in their own place of residence.

8. HOW ARE COMPLAINTS RECORDED?

According to section 38(6), “Every complaint shall be heard by the District Commission based on affidavit and documentary evidence placed on record:

Provided that where an application is made for hearing or for examination of parties in person or through video conferencing, the District Commission may, on sufficient cause being shown, and after recording its reasons in writing, allow the same.”

The relevant documents are –

1. Proof of purchase: Original bill, invoice, receipt, or e-commerce order confirmation. 

2. Proof of defect or deficiency: Photographs, videos, written complaints to the seller, service reports, or lab/testing reports where applicable. 

3. Correspondence record: Emails, WhatsApp messages, or written communication showing that the opposite party was informed and failed to respond adequately. 

4. Warranty or guarantee card (if applicable). 

5. Identity proof of the complainant. 

6. Index and list of dates: A chronological summary of events, which is particularly required when filing through the eDaakhil platform.

The Bharatiya Sakshya Adhiniyam, 2023 also has certain provisions regarding electronic evidence: Under sections 61 and 63, electronic records have the same legal effect, validity, and enforceability as other documents.

Burden of Proof for this evidence lies on the consumer:  Section 104 (BSA)  Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist, and when a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

Validity under Case Law: Randhir Singh v Maharaja Auto Wheels – Court reiterated – “Upon careful examination of the material on record and the orders of both the fora, it's apparent that no expert opinion from an authorised laboratory or recognised government authority was procured or presented by the Complainant to substantiate manufacturing defect claim. Entitlement to get refund of purchase price of car is feasible only if defects are established to be manufacturing defects with significant impact on the functioning of the vehicle. In this respect, the burden is on Complainant to prove that the defects present in the car are manufacturing defects, through an expert opinion.” 

9. HOW TO DRAFT A COMPLAINT?

1. The complaint can be filed on a plain paper.

2. Stamp paper is not required for declaration.

3. It should contain the details of the complainant and the opposite party.

4. The complaint can be registered, in person, by the complainant, through his authorised agent, or by post addressed to the Redressal Agency.

5. It is not compulsory to engage a lawyer to file a case.

6. The fees charged are very nominal according to the value of the claim.

10. WHAT IS THE PROCESS OF FILING?

• A complaint, when made in the District Forum or State Commission, shall be filed in three sets, and where it is filed in the National Commission, it shall be filed in four sets with additional sets equal to the number of opposite party(s).

• Every complaint shall clearly contain particulars of dispute and the relief claimed and shall also be accompanied by copies of such documents as are necessary to prove the claim made in the complaint. A Consumer can argue his own case or can be represented through authorized person or agency.

11. FREQUENTLY ASKED QUESTIONS

1. Is there a need to engage a lawyer for filing a complaint in the fora?

There is no need to engage a lawyer or any other pleader and consumer can himself or through his representative file and represent his complaint.

2. What are the particulars that should be furnished along with the complaint?

The complaint should contain the following particulars:

• Name and complete address of the complainant.

• Name and complete address of the opposite party/parties.

• Date of purchase of goods or services availed.

• Amount paid for the above purpose.

• Particulars of goods purchased with numbers or details of services availed.

• Details of complaint, whether it is against Unfair Trade Practice / supply of defective goods / deficiency in service provided / collection of excess price, should explicitly be mentioned in the complaint petition.

• Bills / receipts and copies of connected correspondence, if any.

• Relief sought for under this Act.

• The complainant or his authorised agent should sign the complaint.

3.  What is the time limit for filing a complaint?

A complaint has to be filed within two years from the date on which the cause of action/ deficiency in service/defect in goods arises. However, a complaint may also be filed after two years, if the complainant satisfies the District Forum that he/she has sufficient reasons for not filing the complaint within such period.

4. What is the provision for appeal?

• Aggrieved by the Order issued by the District Forum, appeal petition may be filed before the State Commission within 30 days from the date of receipt of Order.

• Aggrieved by the Order issued by the State Commission, an appeal petition may be filed before the National Commission within 30 days from the date of receipt of the Order.

12. COMPLAINT DRAFTING

The Consumer Complaint along with detailed index should be paginated in the following way. Further, Alphabets are not to be used in pagination. Only running numerical no. is to be given. Pagination should start from the index itself, e.g., if the index runs into 3 pages, the pagination will be 1-3 for the index and onwards:-

SAMPLE DRAFT OF A CONSUMER COMPLAINT

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION - VI, (NEW DISTRICT), GNCT OF DELHI

Complaint No. of 2022

In the matter of:

___________________   …Complainant

Versus

___________________               …Opposite Party

INDEX

New Delhi                                                                Filed By:-

Date :

__________________

Advocate

FEES PRESCRIBED

FILING

Step 1: Send a Formal Legal Notice
Before approaching the court, it is mandatory to send a well-drafted legal notice to the seller or service provider. This notice should detail the grievance, the relief you expect (refund, replacement, compensation), and provide a reasonable timeframe (typically 15-30 days) for them to resolve the issue. Often, a strong legal notice from a law firm like ours can lead to a settlement without litigation. 

 Step 2: Draft the Complaint
If the notice goes unanswered or the response is unsatisfactory, the next step is to draft the complaint. It should be a formal document containing: 

• Your name and address.

• The name and address of the opposite party.

• The date and details of the transaction.

• A clear and chronological account of the facts leading to the complaint.

• The specific defect or deficiency.

• The relief or compensation you are seeking.

• Copies of all supporting documents attached.

Step 3: Compile All Supporting Documents
Evidence is the backbone of any legal case. Meticulously gather every piece of relevant documentation, including cash memos, bills, receipts, warranty/guarantee cards, product packaging, email correspondence, and photographs of the defect. 

 Step 4: Choose the Correct Forum
Based on the pecuniary and territorial jurisdiction discussed earlier, determine the appropriate commission in Delhi NCR to file your case. For instance, a claim of ₹15 lakhs against a company based in Connaught Place, Delhi, would be filed at the District Commission in Delhi. 

 Step 5: Pay the Court Fee
A nominal court fee must be paid along with the complaint. This fee is based on the value of the claim and is paid via a Demand Draft in favour of the President of the respective commission. 

Step 6: File the Complaint (Offline or Online)
You have two options for filing: 

• Offline: You can submit the complaint in person at the registry of the relevant commission. You will need to submit the complaint along with an affidavit and multiple copies for the court and the opposing parties.

• Online (E-Daakhil Portal): The government’s E-Daakhil Official Portal has revolutionized the filing process. It allows you to register, upload your complaint and documents, and pay the fee online, making it easier to file consumer complaint online from anywhere.

Step 7: Admission Hearing
Once filed, the commission will hold a first hearing to decide on the admissibility of your complaint. They will review if it meets the basic criteria and falls within their jurisdiction. 

 Step 8: Issuance of Notice
If admitted, the court will issue a notice to the opposite party, who then has a specific period (usually 30-45 days) to file their written response to your allegations. 

Step 9: Evidence and Arguments
Both parties will present their evidence and arguments before the commission. This may involve submitting affidavits, documents, and, in some cases, expert opinions. The commission will hear both sides. 

Step 10: Final Order
After hearing both parties, the commission will pass a final order. If the verdict is in your favour, the order can direct the opposite party to provide relief such as a refund of the price, replacement of the product, compensation for financial loss or harassment, and litigation costs.

REMEDIES AVAILABLE UNDER CONSUMER PROTECTION ACT AGAINST UNFAIR TRADE PRACTICES

The District Consumer Disputes Redressal Fora / State Commission / National Commission may, as the case may be. order the following remedies against the consumer complaint made to it:

• to remove the defect pointed out by the appropriate laboratory from the goods in question;

• to replace the goods with new goods of similar description which shall be free from any defect;

• to return to the complainant the price, or, as the case may be, the charges paid by the complainant;

• to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party.

• to remove the defects in goods or deficiencies in the services in question;

• to discontinue the unfair trade practice or the restrictive trade practice or not to repeat it; not to offer the hazardous goods for sale;

• to withdraw the hazardous goods from being offered for sale;

• to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature;

• to pay such sum as may be determined by it if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently:

• to issue corrective advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;

• to provide for adequate costs to parties.