INTRODUCTION
Imagine the unexpected shock of discovering a package of gutka floating in your newly bought Pepsi from a neighbourhood store! This bizarre incident becomes a reality for Mr. Rajesh Rajan of Ahmadabad. [1]Similarly, consider finding yourself in a predicament due to technical glitches in banking services. Often, the organizations and service providers we rely on fail to deliver the expected quality despite our hard-earned money being spent on their products and services. In such situations, what recourse does an individual have? What steps should one take? Let’s delve into these questions in the upcoming discussions.
Most of the people in our country fail to file consumer complaints for two reasons firstly most people are unaware of their rights and legalities involved and secondly, certain people are afraid of being involved in matters of law and order, You often hear it people saying that (Court Kacchari k mamle se dur rehna hi accha hai).
WHO CAN FILE A COMPLAINT?
Individual Consumers who buy goods and services not for commercial use or resale but for their personal use can file a complaint, a legal guardian in the case of a minor can file a complaint, and Legal Representatives like Advocate, Consumer Associations acting bonafide for the welfare of consumers and Government authorities can file Consumer Complaint.[2]
Benefits and Remedies of Filling Compliant:-
- Replacement of defective goods
- Refund of Money
- Full or partial reimbursement for any incurred losses or distress, including compensation for mental anguish.
- Recovery of all incurred ‘legal expenses’ related to filing the consumer complaint.
- The seller may be directed to cease engaging in unfair trade practices.
RIGHTS OF CONSUMERS:-
The Industrial Revolution and global trade expansion have led to increased business, offering a wide range of consumer goods and services. This growth has created a well-organized sector of manufacturers and traders, impacting traditional consumer sovereignty. Advertisements influence consumer demand, even in case of product defects. Legal enactments exist, but consumer protection remains a challenge. To address this, the Consumer Protection Bill, of 1986 was introduced, aiming to establish councils and authorities for dispute resolution and enhance consumer rights.[3]
LET’S EXPLORE THE RIGHTS GUARANTEED UNDER THE CONSUMER PROTECTION ACT
- Right to Safety: This right entails protection from potentially hazardous goods and services, safeguarding both their well-being and property. Consumers should buy products with certified marks on them like ISI or AGMARK.
- Right to be Informed: Consumers have the right to clear information about product quality, quantity, price, ingredients, and standards. This protects against misleading practices and empowers you to make informed, responsible choices.
- Right to Choose: The right to choose implies the assurance of access to diverse goods and services at competitive prices. It ensures satisfactory quality and service at a fair price, including the right to basic goods and services.
- Right to be heard: The right to be heard ensures that consumer interests are appropriately acknowledged in relevant forums. It encompasses the right to representation in forums dedicated to consumer welfare.
- Right to Seek Redressal: The right to seek redressal signifies the right to address unfair trade practices and prevent unscrupulous exploitation of consumers. It involves the entitlement to a fair resolution of genuine consumer grievances.
- Right to Consumer Education: [4]The right to consumer education entails the right to gain knowledge and skills to be an informed consumer throughout one’s life. Consumers must be aware of their rights and actively exercise them for effective consumer protection.
HOW TO FILE A CONSUMER COMPLAINT?
Send a Legal Notice
To initiate the resolution process, it is advisable to dispatch a formal legal notice to the sender, service provider, or manufacturer from whom you have received goods or services that are unsatisfactory. Clearly articulate the reason or issues leading to your dissatisfaction. For claims exceeding Rs. Ten Thousand, it is highly recommended to seek legal counsel. A qualified attorney can assist in preparing and sending a formal legal notice on official letterhead, underscoring your unequivocal intent to pursue legal action if necessary.
Wait for the Seller to Reply
After sending the legal notice, it’s anticipated that the company will respond to your concerns and potentially propose a reasonable resolution. It’s crucial to have a clear understanding of what constitutes reasonable compensation for you at this juncture. One should not demand excessive amounts. If there is no response within the stipulated time frame (15 Days), you retain the right to escalate the matter to the ‘Consumer forum’.
JURISDICTION/ WHERE TO FILE A CONSUMER COMPLAINT?
The appropriate venue for consumer complaints is determined by the compensation sought and the value of the acquired goods and services. The complaint can be filed in the district/ state of purchase, services, or the seller’s jurisdiction. For online transactions, follow the dispute resolution location in terms of service.
District Consumer Forum:
– Submit a notarized complaint in person, through an agent, or via post.
– Serve a notice before filling.[5]
– Submit four copies of the complaint, along with additional copies for each opposite party.
– File within two years from the cause of action.
– No court fee for cases up to Rs 1 lakh for certain cardholders; Rs 100 for others.
Approaching State Consumer Forum:
– File within 30 days to challenge district forum orders for cases above Rs 20 lakh.
– Court fee: Rs 2,000(up to Rs 50 lakh); Rs 4,000 for cases up to Rs 1 crore.
– Include documents, certified district forum order, and extra copies.
– Statutory deposit of Rs 25,000 or 50% of the award, whichever is less.
Approaching National Consumer Disputes Redressal Commission:
– File directly or appeal against state commission decisions within a month.
– Court fee: Rs 5,000; no fee for appealing against national commission orders.
– Appeal against national commission orders in the Supreme Court within 30 days.[6]
HOW TO FILE A CONSUMER COMPLAINT?
Filling a consumer Complaint can be easier, Forget the need for expensive stamp paper – a simple plain paper is enough, to effectively voice your concern, and your complaint should identify both the parties involved:-
Here is a clear and conscience overview of the information needed in consumer complaints:-
WHO’S INVOLVED?
Identify both parties
- The Complainant: You include your full name, address, and contact Information.
- The Respondents: This could be a company, an individual, or an entity you believe has caused you harm. Provide their Name, Contact details, and relevant address.
WHAT’S THE TRANSACTION?
- Total Amount paid: Specify the exact amount paid for the goods and service in question.
- Date of Purchase: Indicate the date when you purchased the goods or availed of given services.
WHAT’S THE PROBLEM?
Nature of Complaint: – Clearly state the issue you are facing. This could involve:-
- Defective goods
- Excess Prices charged
- Unfair Trade Practices
- Deficiency in services
WHAT KIND OF REMEDY DO YOU WANT?
Clearly outline the resolution you seeking in the Consumer Protection Act. This could be a refund, Compensation, Repair, Replacement, or other forms of relief.[7]
Supporting Details
Product or Service details: Provide specifics about the goods purchased like model number, quantities, or other service received.
Proof of purchase: Attach any bills, receipts, or any copies of relevant documents to support your claims.
Additionally, maintain a professional and respectful tone, stick to the facts, and proofread your complaint before submitting it.
CONCLUSION
Both Consumers and sellers play integral roles in society, and the synergy between them is essential for a balanced framework. Through this blog, I aim to elucidate the simplicity of filling the consumer complaint in contemporary times, emphasizing those individuals need not compromise their rights. Consumers are encouraged to exercise their rights judiciously, refraining from misuse or seeking compensation for improper motives.
In instances where sellers or service providers receive legal notice about a consumer complaint, it is crucial not to overlook such notices. Seeking legal counsel is advisable to craft a well-informed response, as non-compliance may result in a court-issued warrant. While individuals have the right to represent themselves in legal matters, engaging the expertise of a qualified advocate is recommended. Advocates possess specialized knowledge and can provide valuable guidance throughout the legal proceedings.
Author(s) Name: Khushi Chanodiya (Government New Law College (DAVV), Indore)
Reference(s):
[1] Saeed Khan, ‘Gutka pouch in bottle: Pepsi asked to compensate consumer’(Times of India, 01 October 2013) <https://timesofindia.indiatimes.com/city/ahmedabad/gutka-pouch-in-bottle-pepsi-asked-to-compensate-consumer/articleshow/23353767.cms,> 23 December 2023
[2] Consumer Protection Act, 2019
[3] Consumer Protection Act, 1986
[4] Consumer Protection Act, 2019
[5]Consumer Grievances (Portal for grievances Against misleading Advertisements (GAMA)) <https://gama.gov.in/ConsumerGrivences.aspx#:~:text=The%20complaint%20can%20be%20made,party%20before%20filing%20the%20complaint..>23December 2023
[6] ibid
[7] The Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020 & The Consumer Protection (General) Rules, 2020
