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Consumer Complaint in India
A consumer complaint in India refers to the formal expression of dissatisfaction raised by an individual or a group of consumers about a product or service they have purchased or availed. The Consumer Protection Act 2019 governs consumer complaints and aims to safeguard the interests and rights of consumers across the country. Understanding the process of filing a consumer complaint and seeking redressal is essential for all consumers to assert their rights effectively.
What is a Consumer Complaint?
A consumer complaint arises when a consumer encounters issues or problems with a product or service that they have acquired from a seller, service provider, or manufacturer. These complaints can vary widely, ranging from defective products, misleading advertisements, to subpar services. Consumer complaints are typically made when consumers believe that their rights, as guaranteed by the Consumer Protection Act, have been violated.
Categories of Consumer Compliants
The Consumer Protection Act 2019 provides the following key rights to consumers in India:
Right to Safety: Consumers have the right to be protected against goods and services that are hazardous to life and property.
Right to Information: Consumers have the right to receive complete information about the features, ingredients, price, and other relevant details of the product or service they are purchasing.
Right to Choice: Consumers have the right to access a variety of products and services at competitive prices and make an informed choice based on their preferences.
Right to Redressal: Consumers have the right to seek redressal for any deficiency in goods or services. They can file complaints and expect timely resolution and compensation, if applicable.
Right to Education: Consumers have the right to be educated about their rights and responsibilities to make informed decisions.
Right to Representation: Consumers have the right to form and participate in consumer forums, associations, and groups to represent their interests.
WHAT ARE THE ELIGIBLE CRITERIA TO FILE A CONSUMER CASE ?
- The case needs to fall under purview of the consumer protection act and not under any civil, criminal or labour laws
- The prayer portion of the compliant should contain refunds / claims amount
- If the consideration refunds / claims amount exceed Rupees 50 Lakhs then it is not eligible for online filing in the district consumer forum.
PROCEDURE TO FILE CONSUMER COMPLAINT
FAQ's on Sending Legal Notice
The purpose of filing a legal notice is to formally communicate your grievances, claims, or demands to the opposing party. It provides them with an opportunity to address the issues raised and resolve the matter amicably before resorting to litigation.
While it is not mandatory to have a lawyer to file a legal notice, it is advisable to seek legal advice and assistance. An attorney can ensure that the notice complies with legal requirements, accurately reflects your position, and increases the chances of a favourable resolution. They can also guide you on the appropriate legal steps to take if the matter proceeds to court.
The method of delivery typically depends on the requirements of your jurisdiction. Common methods include registered post, courier, hand delivery through a process server, or delivery by an advocate. It is important to retain proof of delivery, such as an acknowledgment receipt or an affidavit of service.
After the recipient receives the legal notice, they may respond within the specified timeframe. They may choose to negotiate, propose a settlement, or address the issues raised. If a resolution is reached, it should be documented in writing and signed by both parties. If no response or resolution is achieved, further legal action may be considered.
A legal notice itself is not legally binding, but it serves as evidence of communication and can be used in subsequent legal proceedings. The legal obligations or consequences arise from the underlying laws, agreements, or rights being asserted in the notice.
If the recipient fails to respond or does not comply with the demands mentioned in the legal notice, you may consider taking further legal action, such as filing a lawsuit or initiating alternative dispute resolution mechanisms. Consult with your attorney to evaluate the available options in your specific case.