What is a Consumer Complaint?
As a consumer, you have several rights under the Consumer Protection Act, 1986. If a seller has sold you a defective product or a service provider has provided inadequate service, you can seek relief under the law by filing a Consumer Complaint.
A Consumer Complaint is a formal complaint against a seller or service provider and is filed before the appropriate consumer forum (also called consumer court). The Complaint is filed when the seller or service provider fails to rectify the problem even after receiving a legal notice.
The Complaint contains details and documentary evidence about the defective product and/or service, along with the compensation and relief sought by you. Consumer Courts in India are separate from other courts and established exclusively to provide relief to consumers and therefore, are known to provide quick and effective legal relief.
How to File a Consumer Complaint?
STEP 1: SEND A WRITTEN NOTICE
The first step is to send a written notice to the Seller or Manufacturer explaining the problem and the reason why you are unhappy with the product or service.
What your notice should contain:
In the notice, you should not:
For claims over Rs. 10,000, it is highly recommended that you consult a lawyer and send the notice through the lawyer, on an official letterhead. This will indicate to the seller that you are serious about taking legal action.
STEP 2: WAIT FOR THE SELLER TO RESPOND
Once you send the legal notice, it is likely that the company will respond to your issue. Some might offer you fair compensation. At this stage, you must know what reasonable compensation is acceptable to you. Demanding a very high amount as compensation will get you nowhere as courts will not entertain. If there is no response within the stipulated time, which is usually 15 days, you have the right to approach the consumer forum.
STEP 3: CHOOSE THE CORRECT FORUM
Based on the value of goods or services you have purchased or the compensation you claim,, you can approach the appropriate consumer forum/commission, i.e., the District Forum, State Commission or the National Commission. You have the option of filing the complaint yourself or appointing an advocate to represent you before the forum/commission. The time taken for the proceedings can range between 6 to 18 months.
STEP 4: FILE A WRITTEN COMPLAINT
Each forum has a prescribed format you must adhere to while filing the written complaint. You must attach all the relevant documents supporting your complaint, like invoices, receipts, delivery challans, communication in writing (emails and SMS also), etc. It is important to submit the legal notice that you went to the seller or service provider so that the court is convinced that you tried to resolve this dispute out-of-court.
STEP 5: COURT FEE FOR CONSUMER COMPLAINT
To file a consumer complaint, you must pay a court fee:
If the case is decided in your favour, the Court will direct the seller to compensate you including all your legal costs, such as court fees and lawyer fees.
Where Do You file Consumer Complaints?
The Forum you have to approach is decided based on the value of the goods & services purchased and the compensation you are claiming. If the total amount is:
The complaint can be filed in the District/State, where the seller resides or conducts his/her business, or in the place where the purchase was made or the service was rendered.
If the sale or purchase was made online, then the place mentioned in the terms of service for dealing with disputes, on the seller’s website, shall be chosen for filing the complaint.
Documents required for Consumer Complaints
In India, Private Limited company registration cannot be done without proper identity proof and address proof. Identity and address proof will be needed for all the directors and the shareholders of the company to be incorporated. Listed below are the documents that are accepted by MCA for the online company registration process acceptable.
Identity And Address Proof
- Scanned copy of PAN Card or Passport (Foreign Nationals & NRIs)
- Scanned copy of Voter’s ID/Passport/Driver’s License
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill.
- Scanned passport-sized photograph specimen signature (blank document with signature [directors only])
For the foreign nationals, an apostilled or notarized copy of the passport has to be submitted mandatorily. All documents submitted should be valid. The residence proof documents like the bank statement or the electricity bill must be less than 2 months old.
Registered Office Proof
For online company registration in India, the company must have a registered office in India. To prove admittance to the registered office, a recent copy of an electricity bill or the property tax receipt or water bill must be submitted. Along with the rental agreement, utility bill or the sale deed and a letter from the landlord with her/his consent to use the office as a registered office of the company should be submitted.
- Scanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill
- Scanned copy of Notarized rental agreement in English
- Scanned copy of No-objection certificate from the property owner
- Scanned copy of sale deed/property deed in English (in case of owned property)
E-Form spice 32
It is an incorporation e-form provided at the final stage of in corporation of a company. Here, all the mandatory details should be filled in this form and submitted along with the required documents.
