Drafting, Filing and Procedure Of Consumer Case In India

Author: Pranjal Sahay, Bharati Vidyapeeth University, New Law College, Pune

In a place where the market is evolving at such a pace there should be the presence of legislation for the protection of consumers as well as for service providers. In India we have Consumer Protection Act,2019 which has been amended three times to act suitable with the market of that time. It safeguards consumers’ rights and covers all goods and services. One can file consumer complaints if defective products have been delivered to the consumer, deficiency in services, overcharging of products, deceptive advertising or any unfair means of trade practices. Under the Act hierarchy of forums has been mentioned to get redressal to the consumers by the service providers if any of the above practices has been found to be performed. In this blog one can explore the proceedings and steps regarding filing of consumer complaints. 

1. Consumer: under Section2(d) of Consumer Protection Act,2019 the word consumer has been defined. It simply means a person who buys any goods or hires/avails of any service for consideration, which can be paid, promised, or under a deferred payment system.

2. Voluntary Organizations registered under the Companies Act,1956.

3. The Central Government or the State Government.

4. One/more consumers who share similar interests.

5. Beneficiary to goods/services of the consumer.

6. Legal representatives of a deceased consumer.

7. Legal representatives of heirs of deceased consumers.

8. Spouse/ Relative of consumer.

   
   

Supreme court 

National Commission (New Delhi) 

[complaint value exceeding 1 crore]

State Commission

[value from 20 lakh to 1 crore]

District Forums

[complaint value below 20 lakhs]

To file a complaint under commissions one should follow the following steps which are necessary.

Step 1 Intimation via notice: The aggrieved part may issue a notice to the service provider regarding the reason for filing a complaint. The reason should be clearly mentioned about defects in products or deficiency of service in the notice. 

Step 2 Draft a consumer complaint: The complaint must be filed in accordance with the Consumer Protection Act,2019. It should be clear and comprehensive in nature. It must include the following details:

• Complainant’s Details

• Opposite Party’s Details

• Facts of the case

• Evidence and documents

• Relief sought

• Jurisdiction and compensation

• Declaration

• Prayer

Step 3 Gathering of certain documents: The following documents should be gathered to act them as evidence in the court. 

• Consumer complaint drafted as per the guidelines of the Consumer Protection Act,2019.

• Copies of material evidence such as bills, receipts, warranty/guarantee certificates.

• Copies of written complaints and notices sent to the service provider.

• Affidavits stating the facts presented are true.

The complaint must be filed within two years from the course of action.

One can also file consumer complaints through online mode with the help of E- Dakhil portal. Documents necessary for E-Dakhil include:

• Index of the complaint 

• List of dates and events describing the circumstances of the complaint.

• Memo of parties containing the name and address of the complainant as well as the opposite party.

• Complaint supported by verification and affidavit of complainant.

• Supporting documents such as receipts, proof of payments, contract if any etc…, must be annexed. All the annexures must be attested as a true copy on the last page with name and signature.

Once your complaint is made by the Consumer Forum, the following procedure typically applies:

• The Consumer Forum sends a notice to the opposite party, asking them to appear and submit their response or written version.

• Evidence and documents from both sides are presented.

• Parties may produce expert testimony or additional documents if needed.

• The Consumer Forum then hears the arguments from both the complainant and the opposite party.

After evaluating the facts, the Forum delivers its order, which may include:

• Refund of the amount

• Compensation for mental agony or financial losses

• Repair or replacement of the product

• Cessation of unfair practices

• Payment of litigation expenses, if applicable

 Appeal 

• If either side is not satisfied with the Consumer Forum’s order, they may appeal:

• From the District Forum’s order — to the State Commission (within 45 days).

• From the State Commission’s order — to the National Commission (within 30 days).

• From the National Commission’s order — to the Supreme Court of India (within 30 days).

Additional Tips for Consumers

• Seek Legal Advice (If Needed):

• While you can represent yourself, retaining a lawyer can be helpful in complex cases.

• Keep All Documents Safe:

• Maintaining original bills, warranty cards, delivery notes, expert reports, photos, or correspondence strengthens your claim.

• Consider Mediation or Conciliation:

• Some Consumer Forums may advise mediation or conciliation before proceeding with a full trial.

• Stay Prepared and Firm

• Sometimes companies may try to delay or undermine your claim. Staying vigilant and assertive helps you pursue justice.

The Consumer Protection Act, 2019 is a powerful legislation designed to enable timely, cost-effective, and simplified resolution of consumer disputes. It helps protect the rights of consumers against unfair practices and guarantees fairness and justice in the marketplace. Importantly, this legislation resonates with the growing awareness of consumer empowerment and education in today’s world.

Filing a consumer case is a steps-by-step process that helps you raise your voice against unfair treatment. Whether you’re a small consumer or a large enterprise, understanding your rights and responsibilities under the Consumer Protection Act, 2019 is crucial. This guarantees fairness, justice, and a balance of power in transactions — fostering greater confidence in the market and strengthening consumer trust.

The Consumer Protection Act,2019 is a legislation which safeguards the rights of consumers. The steps mentioned must be followed with utmost care by the consumers to get justice. Also, details like name, address, reason should be filled with proper care. If needed, a review petition should be filed within 90 days from the date of receipts of certified copy of order.