Consumer Complaint

Before you file

• You must be a consumer, meaning you bought goods or hired a service for your own use and paid or promised to pay for it. A purchase made for resale or a large commercial purpose is generally not covered, though goods bought for earning a livelihood by self-employment are.
• The problem must be a defect in goods, a deficiency in service, an unfair or restrictive trade practice, overcharging, or a product that is unsafe. Simple dissatisfaction with a product that works as promised is not enough.
• The complaint must normally be filed within two years from the date the problem arose. A later complaint is possible only if the Commission accepts a good reason for the delay.
• The right Commission depends on the value of goods or services paid for: the District Commission for up to Rs 50 lakh, the State Commission for above Rs 50 lakh up to Rs 2 crore, and the National Commission above Rs 2 crore.
• You can file where you live or work, or where the opposite party has its office or branch. You do not have to file in the company's home city.
• The same dispute should not already be pending in a civil court or decided by another forum. Disclose any earlier case or arbitration honestly.

What affects the total cost

• Commission fee: this is fixed by slabs based on the value of goods or services. For claims up to Rs 5 lakh, no fee is charged; above that it rises by slab and is paid online on e-Jagriti.
• Legal notice: sending a notice to the company before filing involves drafting and postage, and often settles the matter without a case.
• Number of opposite parties: a builder dispute may involve the builder, its directors and a bank, while an online order may involve the platform and the seller. More parties mean more copies and service.
• Technical evidence: some product or medical disputes need a laboratory test report or an independent specialist opinion, which can add cost.
• Hearings and appeals: the case may have several hearings, and either side can appeal to the higher Commission, which is separate work.

How long it takes

Collecting papers, sending a notice and waiting for the company's reply usually takes two to four weeks. After filing, the Commission decides whether to admit the complaint, which the law expects within 21 days. The opposite party then gets time to file its reply, and both sides file evidence by affidavit. The Act sets a target of deciding cases in three to five months, but in practice many cases take a year or more because of pending workload, adjournments and the opposite party seeking more time. Mediation, where both sides agree to it, can end a case much sooner.

Common mistakes to avoid

• Throwing away the bill, warranty card, booking receipt or chat history. Without proof of the transaction and the complaint, the case becomes difficult.
• Waiting for months on customer care promises and letting the two year limitation period run out.
• Claiming a very large compensation amount without any basis. The claim should be linked to the money paid, actual loss and reasonable compensation for harassment.
• Filing against only the platform or only the dealer when the manufacturer or service provider is the party actually responsible, or the other way round.
• Not attending hearings or not filing the evidence affidavit on time, which can lead to dismissal of the complaint.

What you get at the end

At the end, the Commission passes a final order, which may direct a refund, replacement, repair, compensation, litigation costs or interest. A certified copy of the order is available from the Commission. If the company does not comply within the time given, an execution application can be filed in the same Commission, and non-compliance can lead to penalties. Either side can appeal to the higher Commission within the time allowed under the Act.

In Delhi NCR

• Delhi has several District Consumer Commissions, each covering one or more revenue districts. The right one depends on where you live or work, or where the company's office or branch is.
• The Delhi State Consumer Commission hears cases between Rs 50 lakh and Rs 2 crore and appeals from the district level, and the National Commission also sits in New Delhi.
• Residents of Gurugram and Faridabad file in Haryana District Commissions, and residents of Noida and Ghaziabad in Uttar Pradesh District Commissions, unless they choose to file where the company is located.
• Many home buyers in Noida, Greater Noida and Gurugram file builder delay cases before Consumer Commissions. RERA is another option for such cases, and the advocate can explain which forum suits your facts.
• If you are outside NCR, the team can guide you online. e-Jagriti allows filing from anywhere in India, and many Commissions allow hearings by video.