Consumer is the King of the Market but sometimes lot of the business or companies cheat the consumer by selling the fake products or services or in any other way so today at MyOnlineCA we gives you the solution. Yes, Let’s learn How to File Consumer Complaint Online in India with the Step by Step Procedure. So first of all Let’s understand some terms which is related to the consumer.
Who is a consumer?
For filing a consumer complaint the one filing complaint must be a consumer. The Consumer is the main key in the market and all activities are carried in the market around him. A Consumer is a person who purchases the goods or services for his own personal use, but not for resale or manufacture, for some consideration. Like for e.g. you go to a petrol pump and ask for petrol, they fill up the tank of your vehicle. You are a consumer.
Who can file a consumer complaint?
In recent year, due to the awareness programs, the consumers have become more active and strong by claiming their rights when they are cheated or harassed. If you are a consumer and have any grievances about any product or service like quality, defective material, charged with excess price, etc. you can file a complaint and seek protection. Consumer protection and rights in India are dealt by Consumer Protection Act 1986. The act provides following can file the complaint:
- Any registered voluntary association,
- Two or more consumer having a common interest.
The complaint has to be filed within 2 years of the cause of action. The court will not entertain the complaint after completion of 2 years except there are reasonable causes for delay in filing the complaint.
How to file a consumer complaint in India ?
It is required that before filing any complaint the consumer gives notice to the opposite party of the grievance faced by the consumer. If the issue is resolved then no need for going to file the complaint. But if not then they consumer can approach the consumer forum by procedure given as under:
1) The Consumer has to file his complaint in the forum which has jurisdiction over the dispute. Jurisdiction can be on the basis of territory and pecuniary.
- In territorial jurisdiction complaint can be instituted in the forum within whose local limits where the opposite party resides or carries on his business or has a branch office or works personally for gain or If there are more than one opposite party then the place where anyone opposite party resides or carries on his business or has a branch office or works personally for gain or Where the cause of action arose.
- In pecuniary jurisdiction, the consumer has to see the amount involved in the complaint the jurisdiction is as of District Forum: Up to Rs. 20 Lakhs, State Commission: Rs. 20 Lakhs to Rs. 1 Crores and National Commission: Exceeding Rs. 1 Crores.
2) You have to pay the prescribed fee by a demand draft on a nationalized bank in favor of the Registrar of the consumer forum. The prescribed fee is as stated below:
|Sl. No.||Total Value of goods or services and the compensation claimed||Amount of fee payable|
|(1)||Up to one lakh rupees – For complainants who are Below poverty line holding Antyodaya Anna Yojana Cards||Nil|
|(2)||Up to one lakh rupees – For complainants other than Antyodaya Anna Yojana card holders.||Rs.100|
|(3)||Above one lakh and up to five lakh rupees||Rs.200|
|(4)||Above five lakh and up to ten lakh rupees||Rs.400|
|(5)||Above ten lakh and up to twenty lakh rupees||Rs.500|
|(6)||Above twenty lakh and up to fifty lakh rupees||Rs.2000|
|(7)||Above fifty lakh and up to one crore rupees||Rs.4000|
|(8)||Above one crore rupees||Rs. 5000|
3) You have to prepare and draft your complaint stating the details, like your name description, the address of the complainant as well as of the opposite party and the necessary facts which establish your cause of action. At the end of the complaint, you have to sign.
4) Copies of the Documents which support your case and allegations like a copy of Bill, warranty with the copy of complaint written and the notice made to the opposite party of the grievances.
5) The Complaint should contain the compensation amount and the relief you are demanding from the opposite party and you can also ask for refunds, a claim for damages, litigation cost etc. you have to state the amount demanded as per the different heads.
6) You have to state how your case falls within the jurisdiction of the forum where the complaint is filed.
7) If you have not filed the complaint within 2 years of the cause of action then you have to state the reasonable cause for such delay.
8) You also have to file an affidavit stating that the facts and details in the complaint are true and correct.
9) The complaint can be presented by him or his authorized representative as there is no need for any lawyer. It is on your wish to hire a lawyer or represent the case yourself.
10) Minimum 5 copies of complaint have to be filed in the forum and 5 additional copies to send to each opposite part which can be sent by registered post.
How to File Consumer Complaint Online
The consumer online resource and empowerment center is a governmental portal for the complaint and grievance redressal system. It is run by the Consumer Coordination Council and supported by the Department of Consumer Affairs, Government of India.
- So as to file a complaint online the consumer has to register on the website. You have to click on the new user and then register.
- The consumer has to provide with details like name, email, address and phone no. of the complainant.
- After registering go on to log-in and fill in the username and password. Then go to ‘File complaint’ so as to file the complaint.
- You now have to select the complaint type i.e. regarding products, service provider, others. (like you want to file complaint against Jabong or eBay select online shopping and then brand as Jabong or eBay)
- A page containing registration form will open. You have to fill the form with necessary details of the problem or the grievances and click ‘submit’ to submit the complaint.
You are expected to get resolution in 3 months as per the website. You can also check the status of your complaint by logging on to the website until it is resolved.
So above is the completed procedure to File a Consumer Complaint in India. Hope you like this article. if you have any query just comment on the below section.