Have you ever felt cheated? You bought a new gadget. After one week, it ceased to work. The company refuses to help. This aggravation is widely prevalent. But you have power.
You have rights as a consumer. Today, we shall demonstrate on how to file a complaint in a consumer court. This is your friend that you can rely on.
We shall take you through all the steps. This does not require a lawyer. You are able to struggle over your rights. We will have you the justice you deserve.
Knowing the rule of law helps you handle legal issues with confidence. If your spouse refuses divorce, understanding your rights is vital. Business owners should also learn the legal responsibilities of a company director to stay compliant.
First things First: Are you a consumer?
Before getting into it, we shall check on one thing. The law is defined in a certain way. You have to be a consumer to bring an action. So, who is a consumer?
You are a consumer if:
- You have bought commodities at a cost.
- You have contracted services at a fee.
- The price may be paid, guaranteed, or paid in part.
This involves you purchasing a phone, a car or even a pack of chips. It also involves services such as banking, insurance, transport, or the visit of a doctor. This is covered by the Consumer Protection Act, 2019.
Who is NOT a Consumer?
It is too, to be familiar with those who are not allowed to make a complaint. Your case will not be heard in the court on the basis that:
- You received the commodities or services gratis.
- You purchased the goods in order to resell.
- You purchased the commodities on a business basis.
To give an example, a shopkeeper who goes to buy biscuits to sell in his shop is not a consumer. But when he purchases them to feed his own family he is a consumer. This difference is highly critical.
What the complainants ought to comprehend about the justification of a complaint
You cannot just complain about something minor. There must be a valid reason. These are referred to in the law as grounds of complaint. Let’s explore them. This will assist you in the creation of a strong case.
Dealing with a Charged-out Product with a Defect
This is the most predominant cause. A malfunctioning product contains a flaw or a defect. It does not do what it is intended to do.
Just imagine that you make a purchase of a new refrigerator. The company boasts of being frost-free. But day by day it collects great ice. This is a defect. You can file a complaint. Other possessions are a phone that has a defective battery or a vehicle that has a broken engine.
Victim of Bad Service
There are cases when the product is good. It is the service and the problem. A bad service is a service that is inadequate or lacks. It fails to satisfy the required standards.
Suppose that you employ the services of a courier. They assure customers that they will deliver within two days. However, your package comes in two weeks after, and it is broken. This is an open example of service failure. The same can be said of banks and insurance companies, as well as internet providers.
Unjust or Discriminatory Trade Practices
Such a thing is complicated, yet it is not. One of the unfair trade practices is a form of selling that aims at misinforming the consumer.
Examples include:
- Misrepresentation on the quality of a product.
- Promoting non-existent discounts or free gifts.
- Carrying competitions or lotteries to sell.
Restrictive trade practice compels a consumer to make a purchase which he or she does not want to make. As an illustration, a gas agency that makes you purchase a gas stove in order to obtain a new gas connection.
Justice is the first obligation of the society.
Alexander Hamilton
This quotation makes us remember that these courts are there to bring justice. You are entitled to fair treatment of you in the market.
It’s important to know how to read a legal document effectively to avoid mistakes. The common law system still shapes modern judgments. Students should be aware of the legal rights of students in educational institutions for fair treatment.
The Essential First Step: Making a Legal Notice
You cannot rush to court at the very moment. First you have to do a very important step. You have to provide a formal legal notice to the company or the seller.
This is an official communication to you. It makes the other party aware of your problem. It provides them with a last opportunity to settle the problem. In many cases, a notice will resolve the situation without the court of law being approached.
What do Your Legal Notices Include?
Your notice shall be accurate and definite. It must include all the information required.
- Your Name and Address: Complete information of the sender of the notice.
- Name and Address of opposing party: The complete name and address of the firm or individual.
- Facts of the Case: A chronological program of events. When did you buy the product? What went wrong? Whom did you contact?
- The Problem: Clearly identify the good malfunction or the service inadequacy.
- The Relief You want: What do you want them to do? Replace the product? Refund your money? Recompense you the inconvenience?
- A Time Limit: Provide them with a decent amount of time to answer (15 or 30 days).
- Threat of lawsuits: Notify them that you will complain to a consumer court in case they do not comply.
This notice may be written by yourself. or you may have the assistance of a lawyer. Send by Registered Post with Acknowledgement Due (AD). This provides you with some evidence that they got it.
Gathering Your Ammunition: The Power of Evidence
Your evidence will only be as good as your complaint. You are supposed to prepare and pack all your papers before filing. The best weapon in court is evidence.
Ultimate Document Checklist
Think like a detective. Gather all your purchase and problem related stuff. Here is a handy checklist.
Grid Characteristic: Your Evidence Toolkit.
Cash Memo / Bill
Proof of purchase — shows date and price so you can prove when and how much you paid.
Warranty / Guarantee Card
Proves the terms of the product’s warranty — important when requesting repair or replacement.
Emails / Letters
Communication with the company shows that you made an effort to resolve the issue.
Photos / Videos
Visual proof of the defect or damage — very helpful for warranty claims and complaints.
Expert’s Report
A technician’s or mechanic’s report describing the defect can strengthen your case.
Legal Notice Copy / Postal Receipt
Proof you notified the company and that a legal notice was sent/received — crucial evidence.
Make copies of all documents, at least three copies. They will be required when it comes to filing. Always keep your original documents with you unless the judge directs the court to be provided with them.
Laws vary globally, as seen in tenant rights in the U.K. and Canada. Staying updated on taxation law changes can save time and money. Families should also understand the difference between custody and guardianship when dealing with child matters.
Where to File? Knowing the Structure of the Court
India has a three-tier system of the consumer courts. The type of complaint you make would also depend on the worth of your claim. This is referred to as pecuniary jurisdiction.
The Three Tiers of Justice
The system will be user-friendly. You do not need to go to the national capital to claim a small one.
- The first level is District Consumer Disputes Redressal Commission (DCDRC): It is located in all the districts of the nation.
- The second level is called State Consumer Disputes Redressal Commission (SCDRC): It is situated in the capital of the state.
- National Consumer Disputes Redressal Commission (NCDRC): This is the topmost. It is located in New Delhi.
Pecuniary Jurisdiction: It Is all about the Money
The court is determined by the worth of your claim. The claim value can consist of the cost of the product/service and the amount of compensation that you are requesting.
Table: Jurisdiction in a Nutshell.
| Court Level | Claim Value |
|---|---|
| 🏛️District Commission | For claims up to ₹50 Lakhs |
| ⚖️State Commission | For claims from ₹50 Lakhs to ₹2 Crores |
| 🌐National Commission | For claims above ₹2 Crores |
For most everyday problems, you will need to go to the District Commission. It is the starting point for the majority of consumers.
The Filing Process: Step-by-Step Guide
Now we come to the main event. You have your evidence. You know which court to approach. It is time to file a complaint in a consumer court. You have two options: offline (the traditional way) and online (the modern way).
The Offline Method: Filing in Person
This is the classic way of filing a complaint. It involves physically going to the court and submitting your documents.
Drafting Your Complaint
Your complaint is your story. It should be written clearly and simply. You don’t need fancy legal language.
Your complaint must have these parts:
- Heading: Write “Before the Hon’ble District Consumer Disputes Redressal Commission at [Your District Name]”.
- Parties: Your name and address (the Complainant) and the company’s name and address (the Opposite Party).
- Subject: A one-line summary, like “Complaint under Section 35 of the Consumer Protection Act, 2019.”
- Facts: A point-by-point narration of events. Use dates.
- Grounds: Explain how it is a defective product or poor service.
- Prayer/Relief: Clearly state what you want the court to order. For example:
- To refund ₹[Amount].
- To replace the defective product.
- To pay ₹[Amount] as compensation for mental agony.
- To pay ₹[Amount] towards the cost of litigation.
- Verification: A statement at the end saying that all facts are true to your knowledge. You must sign this.
The Affidavit and Court Fees
You must also submit an affidavit. This is a sworn statement that the contents of your complaint are true. You can get it notarized for a small fee.
You also need to pay a nominal court fee. The fee depends on the value of your claim.
Table: Court Fees for Filing a Complaint (District Commission)
Claim Brackets — Horizontal Range Visual
Horizontal, readable layout that works especially well on mobile article body or sidebar.
This fee can be paid through a demand draft. The President of the District Commission should get the draft in his favour.
Submitting the File
Organize your papers in the following fashion:
- Index
- Application for delay (if any)
- Complaint
- Affidavit
- Copies of all your evidence
- Fee payment receipt
The complaint must be filed in a prescribed number of copies. Usually, it is 3 to 5 copies. One to the court, one to yourself and one to the adverse party each.
On-Line Approach: E-Daakhil
This has been simplified by the government. Now you are able to dispute through the E-Daakhil portal. This will save on time and effort. You are able to file at the comfort of your home.
What is E-Daakhil?
E-Daakhil is the online portal introduced by the government. It enables the consumers to make complaints through electronic means. Online, you are able to upload documents, make fees and monitor your case. It is available on https:edaakhil.nic.in/.
Apply-Plan- Guide to E-Daakhil Filing
- Registration: The first thing you have to do is to register as a new user. Valid mobile number and email ID will be required.
- Login: This is after registration where you use your credentials to log in.
- File New Case: Click on the file new case on your dashboard.
- Complete Form: A Web form will be displayed. It is comparable to offline complaint form. You will be required to fill details about yourself, the details of the opposite party, details about facts of the case, and relief you seek.
- Insert Documents: You are supposed to insert the scanned copies of your documents. This consists of the complaint, affidavit and your evidence. Ensure there is no scanner density.
- Make the Payment: The portal will point at a safe payment gateway. The court fee can be paid through debit card, credit card or net banking.
- Submit: In case of successful payment, your case is submitted. A case number shall be provided to you. This is the number you can use when you want to trace your case on the Internet.
Happiness: Your worst customers are your best teachers.
Bill Gates
The reason why companies should listen is emphasized in this quote. When they fail to do so, E-Daakhil provides you with the strong voice to make them learn.
Chart: On-line and Off-line Filing.
E-Daakhil (Online) vs Offline Filing — At a Glance
Concise comparison of key features: convenience, time, paperwork, tracking, and accessibility.
What Happens After You File the Complaint?
Making the complaint is only the first step. Now, the legal process starts. It is supposed to be easy and fast.
The Admission and Notice Stage
Your complaint is to be reviewed by the court. This is the “admission” stage. In case your complaint is justified and properly presented in the court, it will be accepted.
After admission, the court will give a notice to the other party. Your complaint has been reproduced in the notice. The other side is allowed a period of approximately 30 days to make their response. This response is termed as a written version.
The Arguments and Evidence
The hearings are initiated after the reply is filed. Both parties may be requested to give their evidence to the court. It is here that you have got a smart file of document coming in handy.
Both sides will be given an opportunity to argue in front of the judge. You get to present your case. You can describe the way you were defrauded. The other party has an opportunity to defend itself. You may make the case by yourself. You do not need to employ a lawyer.
The Final Judgment
The court will finally order or pass judgment after listening to both parties. According to the law, the case among consumers is expected to be adjudicated in 3-5 months.
In case the judgment is made in your favour, the court may direct the company to:
- Extract the flaw in the products.
- Substitute the commodities with new ones.
- Refund the price you paid.
- Make compensation on any loss or injury.
- Stop the unfair trade practice.
- Pay for your legal costs.
What else Would Happen When the Company does not?
In case the other party fails to comply with the order of the court, you may make an application of execution. This is an appeal to the court to impose its own order.
Failure to adhere to the order of a consumer court may result in the company officials being fined and even imprisoned.
Pro-Tips and Mistakes to Avoid
These are the tips which you should remember to increase your chances of succeeding. In addition, you should know the pitfalls to avoid that make your case weak.
Tips for a Stronger Case
- Be Honest: Never be a liar or overstate in your complaint. Stick to the facts.
- Be Clear and Concise: Compose your complaint in a simple lingo. Avoid jargon. The judge must know your problem without complications.
- Get Organized: Have your paperwork in a file. Number them. This shows you are serious.
- Be Patient: The process is to be fast but the courts may be backlogged. Wait and make frequent follow-ups.
Common Mistakes to Avoid
- Failure to have Time Limit: You are required to present your complaint within two years of the occurrence of the problem. Any delay may result in the rejection of your case.
- Wrong Jurisdiction: a case will be rejected before an inappropriate court (e.g. a [?]60 lakh case filed in a District Court). Re-check the pecuniary jurisdiction.
- Weak Evidence: An allegation that does not have good evidence is merely a complaint. They are your best friends, your bills, mails and photos.
- Failure to send a legal notice: Sometimes the failure to send the initial legal notice can be turned against you. It’s always best to send one.
The Power is in Your Hands
It is not as difficult as it appears to file a complaint in a consumer court. Consumer Protection Act, 2019, is planned to make you, the common citizen, stronger. It offers a platform that is affordable, effective and available.
Remember the journey. You discover the issue and notify, acquire evidence and submit your complaint. The difference is whether you take the offline route or the E-Daakhil portal of the new century is pursued, but the aim is to pursue justice.
It is not only your own money that you are fighting. You are also holding companies to account as well. You are also transforming the market place to be safer and more just to all. Therefore, defend your rights as a consumer. Your voice matters.
To continue your reading about the law itself, you may consult the text of the Consumer Protection Act, 2019 as inner force of government legislative web sites such as India Code.
Frequently Asked Questions (FAQs)
No, you do not need a lawyer. The process is meant to be easy in order to represent yourself in the consumer court.
The complaint should be filed within two years after the date when the cause of action (the problem) occurred.
No, it is very affordable. In claims up to [?]5 Lakhs, no court fee. The charges are extremely nominal on higher amounts.
Yes, absolutely. Consumer protection act includes online as well as offline transactions. Any e-commerce company can be sued.
You have a right of appealing to the State Commission within 45 days in case you are dissatisfied with the order of the District Commission.
