Filing a consumer complaint is important in India to protect consumers’ rights. When people face issues with products or services they bought, complaining is a crucial step to find a solution. Complaints ensure that companies are responsible for their actions. By lodging a complaint, consumers can assert their rights and seek fair treatment. India has laws to safeguard consumers, and filing a consumer complaint allows people to use these laws to their advantage. They can seek compensation, refunds, replacements, or other remedies provided by the Consumer Protection Act, 2019.
Consumer Protection Act, 2019
The Consumer Protection Act of 1986 was replaced with the Consumer Protection Bill, which was introduced in Lok Sabha in 2019. The following customer rights are defined in the bill:
- Protection from the promotion of dangerous to life products and services
- Information about the standard, price, quantity, purity, and quality of goods and services
- Access to various goods and services at reasonable prices
- Protection from unethical and dishonest business practices.
How to File a Consumer Complaint Against Online Shopping
If you have a complaint against an online shopping platform and want to file a consumer complaint, you can follow these steps:
- Collect all information about your purchase, including order details and payment receipts
- Contact the seller directly and explain the problem, seeking a resolution
- Review the online shopping platform’s policies on returns, refunds, and dispute resolution
- Keep a record of all communication with the seller and platform, including screenshots and emails
- Visit the online shopping platform’s website and find the customer complaint or dispute resolution section
- Submit your complaint with detailed information and attach any relevant documents or screenshots
- Stay updated on any communication from the platform and respond promptly
- If needed, explore alternative dispute resolution methods, such as mediation or assistance from a local consumer protection agency.
Research if there is a consumer protection agency or organisation that handles online shopping complaints in your area. A
Preparing To File Consumer Complaint
Before filing a consumer complaint make sure to have all the proof handy. Follow the steps given below in detail:
Researching the Complaint
It is essential to compile relevant details about the product or service in question in order to prepare for submitting a consumer complaint. Checking crucial particulars like warranty information, service agreements, receipts, and any other relevant documentation is a must. Consumers can back up their complaint and improve their chances of a favourable settlement by carefully gathering and organising this pertinent information.
Attempting Resolution With the Business
It is suggested to speak with the business or service provider directly in an effort to find a solution before submitting a consumer complaint. There is a potential to find a mutually beneficial solution by getting in touch with them and casually expressing the concern.
Throughout this process, it is crucial to keep meticulous records of all communications, including the dates, names of all parties, and summaries of the conversations. These documents serve as important supporting documentation and may be helpful if the need arises to take the complaint further.
Identifying the Appropriate Consumer Forum
To navigate the consumer complaint process effectively, it is essential to familiarise oneself with the various consumer dispute redressal agencies in India, including district forums, state commissions, and the national commission. Understanding the roles and responsibilities of these agencies will help in determining the appropriate jurisdiction for filing the complaint. When choosing the appropriate forum, it is essential to take the complaint’s worth and geographic location into account. By filing the complaint with the appropriate legal authority, one increases the likelihood of a swift and satisfying settlement.
Step-by-Step Guide to Filing a Consumer Complaint in the Consumer Court
Step 1: Sending a Notice
It’s a good idea for the individual who is upset to notify the other party first before complaining. This notification informs the opposite party of any issues with the service or items. If the other party is willing to make the necessary repairs, the aim is to attempt a resolution outside of the courtroom. You can always send a legal notice after the initial resolutions.
Step 2: Writing the Complaint
Under the Consumer Protection Act of 1986, a formal complaint may be made if the other party doesn’t offer a resolution. Simply include your name, description, and address, as well as those of the other party involved. Describe what happened, when and where it occurred, and provide relevant details. Clearly outline the action you seek in response to the incident. Sign the complaint to verify its accuracy.
Step 3: Including Important Documents
The complaint should include all pertinent supporting documentation and evidence. A proof of delivery, a copy of the invoice, a warranty or guarantee certificate, records of online transactions, the product’s packaging, and copies of any written complaints or notices addressed to the seller or manufacturer are a few examples of these papers.
Step 4: Choosing the Right Place to File the Complaint
Depending on how much money is at stake in the lawsuit, the party filing the complaint must select where to file it. Make sure to go through the laws that govern the value of commodities and services before doing so.
Step 5: Paying Court Fees
The party filing the case is required to pay a filing fee to the court. The cost is determined by the value of the purchased items and the requested level of compensation.
Step 6: Providing an Affidavit
In the Consumer Court, the complainant must also submit an affidavit, which is a sworn declaration. The complaint maker’s knowledge of the accurate facts and statements should be included in the affidavit.
Steps to File a Consumer Complaint Online
Step 1: Sending a Notice
A legal notice has to be delivered to the opposite party before filing a formal complaint.
Step 2: Finding the Right Place
The complaint needs to be filed in the correct jurisdiction.
Step 3: Submitting the Complaint
The complaint can be registered on a website or through writing or online forms. The necessary information is filled in, and the complaint is submitted. Payment can be made online.
Step 4: What to Include in the Complaint
The complaint should have all the important information regarding the issue, the timeline and relevant documents affixed.
Step 5: Time Limit for Filing Complaints/Appeals
The complaint must be filed within two years from the date of the dispute at the District Commission. Appeals to higher commissions must be made within specific time limits from the lower commission’s order.
Post Complaint Process
Say, you have filed a complaint. So what is next?
Mediation and Settlement
Consider mediation as an alternative to a formal hearing to resolve the dispute. Gain an understanding of the process and potential outcomes of settlement negotiations.
Attending Hearings
To be prepared for hearings, understand the process of attending, presenting your case, and providing evidence. Anticipate possible cross-examination and maintain professionalism consistently during the proceedings.
Final Judgement and Enforcement
To anticipate complaint outcomes, consider compensation, refunds, or replacements. Understand the steps for enforcing the judgement, if needed. This ensures proper redress. Seek legal guidance, file petitions, or take necessary actions to ensure compliance with the consumer dispute redressal agency’s decision.
Additional Resources and Support
- List and briefly describe consumer rights organisations in India that offer assistance and guidance to consumers
- Include helpline numbers where consumers can seek help and report their concerns to relevant authorities
- Provide direct links to official government websites that offer information on consumer rights, complaint-filing procedures, and relevant laws and regulations
- Include links to consumer forums where consumers can access additional support and guidance
- Mention legal resources such as legal aid websites or online legal information portals that can provide further assistance.
Consumer complaint filing in India is crucial to safeguard consumer rights. Individuals can effectively exercise their rights by following the step-by-step process discussed above. Preparing a well-drafted complaint, submitting it online, and maintaining documentation is essential.
Also Read: 6 Things You Need To Know About Shop & Establishments Act In India
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Law
2023-06-24 10:32:45.0
How To File A Consumer Complaint Against Online Shopping
