How to File a Consumer Complaint in India: A Step-by-Step Guide

In India, every buyer receives essential rights that protect their basic interests. Their rights protect them from unfair treatment when buying goods or services. Consumers have rights that ensure their products are safe and meet manufacturers' promises. Consumers deserve fair service. They deal with several problems. 

These include product defects, service delays, poor customer support, and false advertising. The Consumer Protection Act of 2019 helps consumers file complaints easily. It also provides legal protection. In this blog, we will explain consumer rights in India: how to file a consumer complaint. Understand your rights and follow the right steps. This can help resolve your issues quickly.

What Are Consumer Rights?

For buyers of goods and services, consumer rights mean protections and privileges. These rights help ensure fair treatment and good value for their money. The major consumer rights in India are:

• Right to Safety: The right to safety functions as a protection system that shields individuals from hazardous products and services that endanger their existence and personal possessions. 

• Right to Information: The public receives access to detailed information, which contains product quality details, price information, quantity data, purity levels, and standard specifications. 

• Right to Choose: The business needs to present a broad selection of products and services to its customers. The market should provide prices that match or fall below the current market value. 

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  Right to be Heard: People should use the authorized communication systems to share their requirements.

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Who Can File a Complaint?

In India, many people can file a consumer complaint. This is true if they have problems with goods or services. The following individuals and groups are eligible:

• Consumers: This group includes people who buy goods and use services for personal needs. People have the right to submit complaints when they discover problems or defects. 

• Consumers' Associations: These registered groups help protect consumer rights. The organization accepts complaints, which it uses to defend consumer rights. 

• Central or State Government: The government uses departments to manage public complaints about services and products. 

• Legal Representatives: If the consumer dies or can’t file a complaint, their nominees or guardians can do it for them. 

What Complaints Can be Filed?

Indian consumers can submit complaints about different problems that occur with goods and services. The Consumer Protection Act of 2019 protects multiple types of complaints. 

• Defective Products: Defective products consist of items that create harm through their dangerous features, faulty performance, and risky nature. 

• Substandard Services: Delays, incomplete services, or poor-quality services are being rendered.

• Overcharging or Unfair Pricing: The practice of overcharging occurs when sellers request customers to pay more than the prices that were shown during the initial sales negotiation. 

• False or Misleading Advertising: Promotional content that distributes wrong or unsuitable details about products or services. 

• Unfair Trade Practices: These are actions that mislead, exploit, or harm consumers. 

How to File a Consumer Complaint?

In India, citizens can file complaints if they have issues with products or services. Follow these points for proper submission and disposal of the complaint:

1. Contact the Seller or Service Provider

Try to resolve the issue with the seller or service provider first. You need to show proof before starting a formal complaint. You can fix issues with faulty products, late deliveries, and incorrect bills. Describe the problem using clear language that shows your emotional stability. Contacting them first saves time. It also offers quick solutions for refunds, product replacements, or repairs.

Steps to Contact the Seller or Service Provider:

• Call the customer care or helpline number and report your problem.

• Send a letter either by email or by mail stating the problem.

• If you can, visit the center or store.

• Keep records of all correspondence between you and the company for further reference. 

2. Gather Evidence

Gathering the right evidence is a key step before filing a consumer complaint. Evidence is what will prove your case and expedite the resolution process. Without evidence, it's hard for an authority to understand the complaint. They can't take action against the seller or service provider. Keep all important documents and records for filing the complaint.

Steps to Gather Evidence:

• You must keep receipts or bills as proof of purchase.

• Documenting a defect or problem needs clear visual proof. You can use photos or videos to do this.

• Keep all communication records. This includes emails, messages, and chat transcripts from the salesperson or service provider.

• Store all warranty documents, guarantee papers, and service agreements together.

• You should note the exact date and time. Also, include all details about your conversations and any services.

3. Contact the National Consumer Helpline (NCH)

If the seller or service provider doesn't resolve the issue, contact the National Consumer Helpline (NCH) next. The NCH offers help to consumers. They can assist in filing complaints about bad products or poor services. This gives you a great chance to save time. It ensures your complaint gets to the right authorities easily and effectively.

Mentioned below are the steps for contacting NCH:

• Register after visiting the National Consumer Helpline website by creating an account.

• The online complaint form needs to be completed with every detail about your problem.

• Include all supporting documents together with SMS receipts and photographs, and warranty papers.

• Submit your complaint. The system will then give you an acknowledgment number. Use this number to track your case's progress.

• You can contact 1-800-11-4000 or 1915 for free to receive help and direction.

4. File a Complaint with Consumer Forums

You can enter dispute settlement only after checking with the National Consumer Helpline. They will confirm whether they can resolve the issue. India has a three-tier consumer forum. The system processes complaints according to the monetary amount stated in the claim. These forums let users choose between compensation, refunds, or replacement products. They function to safeguard consumer rights, which leads to justice for buyers. Hence, lodging the case before the appropriate forum makes the process legal.

Steps to File a Complaint with Consumer Forums:

• Visit the E-Daakhil portal or the respective commission’s website.

• Register and fill out the complaint form with the full details of the matter.

• Attach all supplements: scanned invoices, photographs, and warranty papers from your end.

• Submit the complaint and keep track of the acknowledgment number.

5. Attend the Hearings

Once the consumer forum registers your complaint, it will assign a hearing date. Being present at the hearing is crucial. It gives you a chance to have your case heard and to present evidence. You and the seller or service provider will have one last chance to explain your sides. The commission will closely review the facts before deciding.

Steps to Attend the Hearing:

• Make note of the date and time of the hearing given by the commission.

• Be punctual and ready with all your documents and evidence.

• State your case to the commission in an intelligible and courteous manner.

• Allow the other side to tell its story.

• Listen well to the questions and give truthful replies.

• Wait for the commission to communicate its decision through official channels.

Conclusion

It is very important to know about your consumer rights in India so that you can protect yourself. The Consumer Protection Act introduced regulations that became law in 2019. People use these rules to submit their complaints. The organization helps people seek justice for defective products or poor services. 

The National Consumer Helpline helps solve consumer problems. It works with evidence collection and seller warnings to create an effective system. The process of filing complaints with consumer forums results in fair solutions.

Attending hearings on time is a must. State your argument clearly and keep the full documentation structure as is. Understanding your rights enables you to request refunds and compensation. Businesses stay alert because of it to deliver excellent products and services. A confident complaint shows responsibility. This helps make the complaint process smoother.

Frequently Asked Questions

1. What if the refund company does not comply with the commission's order?

The commission may approach the courts to enforce the order.  The authorities may be called upon to enforce compliance.

2. How much time is taken to settle a complaint?

Simple complaints could take resolver up to a duration of three months, but difficult cases actually take longer in evidence collection and hearings.

3. Do I need a lawyer to file a consumer complaint?

No, you can file a complaint yourself. Many times, a lawyer may be of service in complicated matters.

4. What Is The Price One Has To Pay To Bring A Consumer Complaint? 

Usually, the fee is quite nominal and depends on the commission and the amount in dispute. Some forums waive the fee when the amount in dispute is too low or for consumers with a low income.

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Advocate Sapna Seth

Sapna Seth is the founder of Sapna Seth Law Office and a highly experienced advocate specializing in criminal, divorce, and family law disputes. With over 18 years of experience, she has practiced in various courts across Delhi NCR, including the Supreme Court of India, and primarily at the Punjab and Haryana High Court in Chandigarh since 2011. When not advocating for her clients, she enjoys furthering her legal knowledge and spending time with her family.