How to File a Consumer Complaint?

Ikshita Parihar  and Shruti Dutt  from Aureus Law Partners 

The New Consumer Protection Act, 2019  has come into force on 20th July 2020 with an objective to protect  the interest of the consumer. The Consumer Commissions widely known as consumer courts  continues to play a pivotal role in ensuring that consumer grievances do not go unheard.

Grounds of complaint

A complaint can be filed in the case of an unfair contract, unfair trade practice, restrictive trade practice, defective goods, deficiency of services, hazardous goods or service or a product liability claim against the product manufacturer, seller or service provider.

Who can file a complaint?

A consumer complaint can be filed by one or more consumers, any registered voluntary consumer association, the Central or State Government, Central Authority, heirs or legal representatives of the consumer and in case of a minor, by his parents or a legal guardian.

How to file a complaint:

1. Preliminary steps: The aggrieved consumer may serve a notice upon the manufacturer, seller, service provider etc. to address and settle their grievances. If this doesn’t get any relief, the consumer may resort to filing a grievance with the National Consumer Helpline by registering themselves at “consumerhelpline.gov.in”. It is an initiative of the Ministry of Consumer Affairs, and acts as a central registry for lodging consumer grievances, and allows consumers to track the progress of their grievance. However, this may not always be fruitful and the consumer may have to approach the Consumer Commission for relief.

2. Where should the complaint be filed? 

A consumer has the liberty to choose the location, from where he wants to file his  complaint. The Act allows the complainant to file the complaint where he resides or personally works for gain.The choice of the court will not depend upon the location of the company or the point of sale against whom the complaint is being filed but it would be at the place convenient to the consumer. Complaints can be filed online too.

3. Pecuniary Jurisdiction 

While filing the complaint one must take into account the consideration paid for the goods and services, if it does not exceed Rs.1 crore then the complaint shall be filed before the District Commission, where it exceeds Rs.1 crore but is less than 10 crores the complaint shall be filed before the State Commission and where it exceeds Rs.10 crores the complaint shall be filed before the National Commission.

4. How to file a complaint? 

A complaint can be presented to the Commission by the complainant in person or by his agent, or be sent by a registered post, addressed to the concerned Commission. The contents of the complaint must contain the following:-

1. the name, description and the address of the complainant;

2. the name, description and address of the opposite party or parties, as the case may be, so far as they can be ascertained;

3. the facts relating to the complaint and when and where it arose;

4. the documents in support of the allegations contained in the complaint;

5. the relief which the complainant claims.

If the complaint is being filed in the District Commission or the State Commission, it shall be filed in 3 sets with additional sets equal to the number of opposite parties. For complaint in the National Commission, it shall be filed in 2 sets along with copies for the opposite parties. Every complaint shall clearly contain particulars of dispute, the relief claimed and be accompanied by copies of such requisite documents to prove the claims. The admissibility of the complaint shall be decided within twenty-one days from the date on which the complaint is received, and if it’s not decided within the stipulated time period it shall be deemed to have been admitted.

5. Complaint shall be accompanied by a fee: Every complaint filed shall be accompanied by a fee. It is to be paid either in the form of a crossed demand draft drawn on a nationalized bank or through crossed Indian Postal Order, or through electronic mode as per the arrangement made by the Commission concerned. The table below provides the amount of fee prescribed to be paid.

Sl. No.	Value of goods or services paid as consideration	Amount of fee payable
	District Commission
-1	Upto rupees 5 lakh	Nil
-2	Above rupees 5 lakh and upto rupees 10 lakhs	Rs.200
-3	Above rupees 10 lakh and upto rupees 20 lakhs	Rs.400
-4	Above rupees 20 lakh and upto rupees 50 lakh rupees	Rs.1000
-5	Above rupees 50 lakh and upto rupees 1 crore	Rs.2000
	State Commission
-6	Above rupees 1 crore and upto rupees 2 crore	Rs.2500
-7	Above rupees 2 crore and upto rupees 4 crore	Rs.3000
-8	Above rupees 4 crore and upto rupees 6 crore	Rs.4000
-9	Above rupees 6 crore and upto rupees 8 crore	Rs.5000
-10	Above rupees 8 crore and upto rupees 10 crore	Rs.6000
	National Commission
-11	Above rupees 10 crore	Rs.7500

6. Time limit for filing a complaint:  For a complaint to be admissible it should be filed within 2 years from the date of cause of action. However, the Commissions can exercise discretion to admit the complaints despite the delay in filing, where it can be shown that there was a sufficient cause that prevented the complainant from filing the complaint on time.

7. Appeal before the State Commission: If a consumer is aggrieved by the Order issued by the District Commission, he may file an appeal before the State Commission within 45 days from the date of receipt of Order. The aggrieved party shall deposit fifty percent of the amount in terms of the Order challenged. Every memorandum of appeal filed shall be typed, or be in legible handwriting, and should specify the grounds of appeal distinctly. The appellant shall submit 4 copies of the memorandum. It shall be accompanied by the certified copy of the order of the District Commission appealed against and the necessary documents to prove the grounds.

8. Appeal before the National Commission: If a consumer is aggrieved by the Order issued by the State Commission in its original jurisdiction, he may file an appeal before the National Commission within 30 days from the date of receipt of Order. An appeal can also be preferred  from an order passed by the State Commission in its appellate jurisdiction, if the National Commission is satisfied that it involves a question of law. The aggrieved shall deposit fifty percent of the amount in terms of the Order challenged. The memorandum of appeal shall be filed in the same manner as specified above. A further appeal lies against the order of the National Commission before the Supreme Court of India.