Consumer Complaint - Procedure, Documents, Fees and Grounds to File a Complaint

Updated on August 29, 2024 10:39:58 AM

When someone purchases any product or service, they act as a consumer. Many times, they may have felt cheated or frauded as consumers. In such a situation, a consumer may file a complaint against the seller or dealer and seek compensation.

If you have also found yourself in the same situation, this article will provide you with all the information you need to file a Consumer Complaint. Here, we will discuss the Consumer Complaint procedure, documents, fees, and all grounds for filing a complaint.

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Who is a Consumer?

A consumer is an individual or a group of people who buys goods or services for their own consumption rather than for resale or marketing. The consumer must have made a payment or maybe promised to pay for the purchased item & services. A consumer must be an end user or beneficiary. If the consumer gets any good or service free of cost, they can not file a Consumer Complaint for compensation.

What is Consumer Complaint?

Consumer complaints are legal complaints filed by customers against sellers when they don't receive the product or service they were promised. If any buyer feels treated unfairly or misled by the seller, in this situation they have the complete right to file a Consumer Complaint under the Consumer Protection Act, of 1986. In this act, several rights are mentioned clearly through which a consumer can protect themselves from fraud or cheating.

What rights does a consumer have?

There are several rights that a consumer has through which they can protect themselves from being frauded. Consumer Rights are as follows:

Rights to Safety

Consumers have the right to safety, which allows them to defend themselves against any products or services that could be harmful or unsafe to them. If a customer feels there is a safety or health concern, they can submit a complaint to the supplier or manufacturer.

Rights to Choose

Customers have the full freedom to choose any item or service they want. A consumer complaint can be made against a company or brand if they mislead customers by running false marketing for their advantage.

Right to Consumer Education

A product or service must provide all the details necessary for a customer to make an informed purchase. Consumers have the right to protest and express concerns if a business or vendor fails to give them all the information they require.

Right to be Informed

It is the consumer's right to get accurate information about the products and services they are considering buying. The company/buyer may run into problems with customers if they sell any goods or services without giving the necessary information about the goods and services.

Right to be Heard

If a vendor or service provider breached your rights as a customer, you have the option to file your complaints and seek redress in one of the several consumer courts placed across each district.

Right to Seek Compensation

The Consumer has the right to compensation if they do not receive the goods or services that the Seller promised or claimed they would. A complaint against the vendor may be made by the customer to obtain compensation.

Grounds to file a Consumer Complaint?

In many situations, a consumer can file a Consumer Complaint. Some of the reasons are given below:

  1. If the seller sold any Defective product/item/goods and refused to return in this situation a Consumer Complaint can be filed.
  2. Many times the consumer is misled by the seller for getting profit. So, a consumer complaint may be filed against the seller for misleading product or service that has not been obtained by the buyer/consumer.
  3. In case of overcharging, a Consumer complaint also files against the company/ seller.
  4. If the consumer does not get the quality which has been mentioned or advertised at the time of selling, in this situation also a consumer can file a complaint.
  5. The seller must provide complete information regarding the product or service. If the consumer feels alack of transparency that could harm them they can file a complaint.

Court fees for filing a Consumer Complaint

Court fees for filing a Consumer Complaint

Case Value Court Fee
Less than 5 lakhs No Court fee
5 Lakhs - 10 Lakhs ₹ 200
10 Lakhs - 20 Lakhs ₹ 400
20 Lakhs - 50 Lakhs ₹ 1000
50 Lakhs - 1 Crore ₹ 2000
1 Crore - 2 Crore ₹ 2500
2 Crore - 4 Crore ₹ 3000
4 Crore - 8 Crore ₹ 5000
8 Crore - 10 Crore ₹ 6000
More than - 10 Crore ₹ 7500

Required Documents for Filing a Consumer Complaint

The complete list of documents are provided below that needs for filing a Consumer Complaint:

  • Memo of Parties ( Name, Address, mobile no. etc. )
  • Proof of Purchase(Any receipt, bills, warranty card, etc)
  • Proof of Communication(if any) (e-mails, call recording, letter, etc.)
  • Photographs or Video evidence(if any)
  • Other Relevant documents.

Important for filing a Consumer Complaint

There are several importance for filing a Consumer Complaint. Some of these are given below:

  1. There is a major purpose for looking for a resolution or compensation, whether this is a refund, replacement, or repair.
  2. Businesses are accountable for their deeds, goods, or services when complaints are made. As a result, businesses cannot risk endangering consumers by concealing the fact that their products are substandard.
  3. It is more probable that customers won't experience the same issues as they did if they are aware of unethical or damaging practices.
  4. A market where complaints from customers are swiftly and equitably resolved promotes moral corporate practices.
  5. Consumers who utilise their rights by making a complaint and looking for a solution feel more empowered and ensure they receive their money's worth.

Procedure to File a Consumer Complaint

The complete process for filing a consumer complaint is as follows:

Step 1: Gather complete information

As a consumer, you have complete information regarding the product or services that you have purchased. The information may include the payment receipt, product description and any communication between the seller or buyer, etc.

Step 2: Send a Formal Notice

The consumer should connect with customer services and mention their problem or issue. If there will be no action taken even after complaining to the customer care department, the consumer can send a formal written notice to the seller. This notice can be sent by post service or mail to the seller.

In this written notice, the consumer has to mention all the necessary details and information. The problems and issues should be mentioned in this letter.

After sending the written notice, if no response is sent by the seller within 15 days, the consumer can take legal action by filing a complaint in the consumer forum.

Step 3: Take Legal Advice

Before filing a consumer complaint, the consumer must take legal advice. They will provide you with a thorough explanation regarding the process or legal remedies that will help you during the hearing process. If you file a complaint with incomplete information there will be more chances to face rejection. In many cases when the consumer finds guilty they could also pay a fine or compensation.

“Litem Legalis” will be your best choice with a number of experiences for filing a consumer complaint.

Step 4: Filing a Complaint

In the next stage when the consumer didn’t get any response from the seller, they can file their complaint in the consumer forum. Firstly, the consumer must select the appropriate forum according to the case value.

There are a total three types of forums where consumer files their complain such as:

  1. NCDRC (National Consumer Disputes Redressal Commission): It is the national-level court for solving consumer disputes. If the case value is more than 1 crore the consumer can file a complaint in NCDRC.
  2. SCDRC (State Consumer Disputes Redressal Commission): It is the State level court for resolving consumer problems. If the case value is less than 1 crore the consumer can file a complaint in SCDRC.
  3. DCDRC (District Consumer Disputes Redressal Commission): This is the district-level court for solving consumer issues. If the case value is up to 20 lakhs, the consumer can file a complaint in DCDRC.
  4. During the filing of a Consumer complaint, the consumer must attach all the appropriate documents and submit the appropriate fee amount along with the application.

Why Litem Legalis?

Litem Legalis is a team of professional lawyers that have years of experience. Our team believes you to provide complete guidance and friendly assistance through the complete procedure. There are several other reasons that help you to make Litem Legalis the best choice such as:

Free Legal Advice

Free Legal Advice

Expert Lawyers

Expert Lawyers

Lowest Fees

Lowest Fees

Quick Process

Quick Process

Conclusion

A Consumer is a person who purchases any product or service for their use. Most of the time the consumer may face some issues regarding the product/services that fail to satisfy consumer needs. In this situation, the consumer has the right to file a complaint and take legal action against the seller.

However, the consumer has to deal with some necessary steps for filing a Consumer Complaint, such as gathering information, sending a written notice, and filing a complaint in the appropriate forum attached with all the necessary documents and court fees. Before going to file a complaint the consumer must consult with a professional lawyer that provides all the essential information regarding the procedure and helps you to get appropriate compensation.

Frequently Asked Questions (FAQs)

What is Consumer Complaint?

Consumer complaints are official grievances made by buyers when they don't get the goods or services they purchased from the supplier.

Who can file a Consumer Complaint?

Anyone who purchased anything and acts as a consumer can file a Consumer Complaint in order to not get the satisfactory product or services which they bought.

What rights do consumers have?

There are several rights that consumers have such as the right to safety, the right to choose, the right to be informed, the right to consumer education, the right to be heard, and the right to seek compensation.

Can we file an Online Consumer complaint?

Yes, a Consumer Complaint can also file online mode.

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