The Consumer Protection Act 2019 provides consumers with a platform for grievance redressal and compensation. As a consumer, if you feel wronged after purchasing a product or service, you can seek help from consumer commissions to resolve the issue. All you need to do is file a case in the consumer forum to ensure the seller or service provider does not repeat such practices.
While you can file online consumer complaint from the comfort of your home, the effectiveness of these complaints often depends on the way they are filed. So, before you file a consumer complaint and seek compensation, you need to know a few fundamental things about consumer complaints in India.
Things to Do When Filing a Consumer Complaint
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Submit a Precise and Accurate Description of the Complaint
Always submit clear, precise, and accurate descriptions of your complaint. Ensure all details mentioned in the complaint are correctly stated, and there is no room for ambiguity. Submitting a complaint with all the necessary details with complete clarity makes it easier for the forum to understand your case, increasing your chances of getting a favorable outcome.
While drafting the complaint, clearly outline the facts, issues, and resolution you seek. Focus on using simple and precise language to present your case. Mention specific laws or sections of the Consumer Protection Act 2019 that are applicable to your case.
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Consult a Lawyer
If you do not have knowledge of consumer protection laws and the jurisdiction for filing a consumer complaint, it is recommended that you seek the professional guidance of a legal expert. Consumer laws and procedures can be complex. If you try to self-represent your case, it may lead to several mistakes.
Even if you have basic knowledge of consumer protection laws, consulting an advocate with experience in consumer law can be beneficial. They can guide your next steps, help strengthen your case by gathering evidence, and ensure your complaint is drafted in a professional manner.
Things You Should Not Do When Filing a Consumer Complaint
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Filing Complaints without Proper Evidence
A majority of the consumers do not collect any substantial evidence to support their claims when filing a complaint. No matter how straightforward the claim may seem, courts and commissions need evidence to evaluate the validity of your complaint. Before you file a consumer complaint against a company for delivering defective goods, poor services, or unfair practices, remember to take the following steps:
- Gather all relevant documents, including emails, bills, receipts, warranty cards, contracts, etc.
- Take clear photographs or videos of the defective goods or poor services (if applicable)
- Keep records of all communications with the service provider or seller
These measures will help you make your case stronger and more credible.
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Ignoring Legal Provisions
Many consumers are unaware of the legal provisions and rights that apply to their respective cases. Due to this lack of knowledge, they often file the complaint in the wrong consumer forum or jurisdiction. Filing in the wrong forum or jurisdiction can cause delays and additional expenses. In some cases, this mistake leads to outright dismissal of the claim.
Before you file a complaint against a seller or service provider, educate yourself about the relevant consumer protection laws. You also need to determine the jurisdiction based on the location where the seller or service provider resides or conducts business. The jurisdiction is also based on the monetary value of the complaint. For example, district commissions handle claims of up to Rs. 50 lakh, while state commissions handle claims above Rs. 50 lakh to Rs. 2 crore. The National Commission handles claims above Rs. 2 crore.
Wrapping Up
Filing a consumer complaint can be an empowering process for the common people. However, one small mistake can ruin your chances of getting favorable results from the court (or forum). While there are plenty of things to do and avoid while filing a consumer complaint in India, you should definitely follow the dos and don’ts mentioned above to receive the desired results.
