WHO CAN FILE A

COMPLAINT AND HOW

IT CAN BE FILLED
UNDER CONSUMER
PROTECTION ACT
Kshitiz bhandula
 WHAT IS CONSUMER
PROTECTION ACT
The Consumer Protection Act, implemented in 1986, gives easy and
fast compensation to consumer grievances. It safeguards and
encourages consumers to speak against insufficiency and flaws in
goods and services. If traders and manufacturers practice any illegal
trade, this act protects their rights as a consumer. The primary
motivation of this forum is to bestow aid to both the parties and
eliminate lengthy lawsuits.
This Protection Act covers all goods and services of all public, private,
or cooperative sectors, except those exempted by the central
government. The act provides a platform for a consumer where they
can file their complaint, and the forum takes action against the
concerned supplier and compensation is granted to the consumer for
the hassle he/she has encountered.
 CONSUMER RIGHTS AND
RESPONSIBILITIES
The Rights of the Consumer
•Right to Safety- Before buying, a consumer can insist on the quality and guarantee of the goods. They
should ideally purchase a certified product like ISI or AGMARK.
•Right to Choose- Consumers should have the right to choose from a variety of goods at a competitive
price.
•Right to be informed- The buyers should be informed with all the necessary details of the product,
make her/him act wise, and change their buying decision.
•Right to Consumer Education- Consumers should be aware of his/her rights and avoid exploitation.
Ignorance can cost them more.
•Right to be heard- This means the consumer will get due attention to express their grievances at a
suitable forum.
•Right to seek compensation- The defines that the consumer has the right to seek redress against
unfair and inhumane practices or exploitation of the consumer.
THE RESPONSIBILITY OF THE
CONSUMER
•Responsibility to be aware – A consumer has to be mindful of the safety and
quality of products and services before purchasing.
•Responsibility to think independently– Consumers should be well concerned
about what they want and need and therefore make independent choices.
•Responsibility to speak out Buyers should be fearless to speak out their
grievances and tell traders what they exactly want
•Responsibility to complain- It is the consumer’s responsibility to express and file a
complaint about their dissatisfaction with goods or services sincerely and fairly.
•Responsibility to be an Ethical Consumer- They should be fair and not engage
themselves with any deceptive practice.
LEGAL PROTECTION TO
CONSUMERS
To protect consumer on legal terms, Court of Law i.e. Consumer Court has
laid down certain acts to protect the consumers on legal grounds. This
Legal Protection keeps intact the right of the consumer which when acted
will provide them justice against any dissatisfaction created by the
sellers/business/manufacturer.
This legal Indian framework by Consumer Court also consists of large
number of regulations that are maintained strictly for the protection of
consumers.
CONSUMER ORGANISATIONS
To fight this bad element of the business firms, the consumer needs to stand
together against them and fight for their right. Already there are various Non-Profit
Organizations who are working towards these consumer affairs – Consumer
Guidance Society of India, Common Cause and Voice. These organizations are
dealing with the concerns faced by consumers. They have been adopting various
measures to achieve this. Following are the listed measures
•Seminars: Seminars are been conducted and even various talk shows are aired on TV and radio. These focus on the issues
being faced by the consumer and how the business firm are neglecting the consumer interest and other such consumer affairs
•Print Media: Print Media has been utilized by making brochures, flyers, and advertisements and through this medium, they
educate the consumer about their rights and responsibilities.
•Quality Test: Quality tests are being conducted by the organization after which they release the result and educate the
consumer with the quality of the product that consumers have been using since ages. For instance, Maggi Noodles which was
popular since ages and was consumed in large numbers but then it turned out that it contained led which was harmful to
•Boycotting Goods: They bring consumer true results of quality of a product and hence ask the consumer to boycott the
unhealthy or defective product. This helps in capturing media attention as well.
•Legal Assistance: These consumer bodies help the consumer by providing legal advice to them or any aid required so that
they know their rights and how they can fight against odds. There are legal professionals who also offer their expertise pro-
bono.
•Filing Complaints: They also act as a medium wherein they file a complaint, file petition in the court of law on behalf of the
consumer to help them in getting justice.
•Initiative in Public Interest: They also file cases for the general users rather than any individuals and achieve justice.
•Protesting: They start a protest on various issues which could hamper a consumer and those issues could be the adulteration
of food, unnecessary rise in price, underweight product sell, a damaged product sold etc.,
 HOW TO FILE A COMPLAINT
UNDER THE CONSUMER
PROTECTION ACT, 2019
The Consumer Protection Act, 2019 that was passed on 7th August 2019, protects the interests of consumers and aims at
establishing authorities to address the grievances of the consumers and settle consumer-related disputes. The authorities will
also provide timely and effective redressal of consumer disputes. In the case of grievances, consumers can file a complaint in
the manner laid down under the Consumer Protection Act, 2019.
Section 2 of the Consumer Protection Act, 2019 defines a ‘complaint’ as any written allegation made by a consumer to
obtain relief under the Consumer Protection Act in the case of an unfair contract, unfair trade practice, restrictive trade
practice, defective goods, deficiency of services or hazardous goods or service. A complaint may also include a written
allegation to claim liability against the product manufacturer, seller, or service provider.
One or more consumers can file a consumer complaint; any registered voluntary consumer association, the Central or State
Government, heirs, or legal representatives of the consumer. Where the consumer is a minor, his parent or legal guardian can
file the complaint.
A Consumer Complaint can be made either in a written manner or in electronic mode to the District Collector, the
Commissioner of the regional office, or the Central Authority. In the case of violation of consumer rights, a complainant can
approach the District Forum, State Commission, or the National Commission. Also, if the complainant is not satisfied with
the order passed by a Consumer Court, he can file an appeal in the higher Court.
 PROCESS TO FILE A
CONSUMER COMPLAINT IN
DISTRICT FORUM
1. A consumer complaint shall be made in writing to a District Forum. The complaint can be written
on a plain paper and filed by the consumer himself or through an authorized agent.
2. The complaint should be notarized through a registered or regular post. It should be filed within 2
years of the date on which the dispute arose. The complainant is required to file four copies of the
complaint and additional copies for each opposite party.
3. The consumer complaint shall include the details of the complainant and the opposite party along
with the particulars of the dispute and the relief to be sought. Also, copies of relevant documents
required proving the claim mentioned in the complaint shall be attached to the complaint.
4. It is not necessary to approach an advocate to file a consumer complaint.
5. The fee shall be paid in demand draft to the President, Consumer Disputes Redressal Forum,
(name of) district.
PROCESS TO FILE A
CONSUMER COMPLAINT IN
STATE COMMISSION
1. A consumer complaint in State Forum can be filed if the value of goods or
services exceeds Rs 1 Crore but less than Rs 10 Crore. One can also file an
appeal in the State Commission against the order of the District Forum within a
period of 45 days from the date of order.
2. The application shall accompany the requisite fee in the form of demand draft
payable to the Registrar, (name of) State Commission in the respective state.
3. To file an appeal in the State Commission, the complainant should attach the
following documents along with the complaint:
I. Documents of record constituting correct names and
addresses of all the parties.
II. A certified copy of the order of the District Forum
against which an appeal is to be filed.
III. There should be more than four additional copies
of the appeal for each respondent.
IV. Any order of conditional delay, interim order or
other petitions accompanied by an affidavit.
V. Opposite parties or the appellant is required to pay
a statutory deposit of Rs 25,000 or 50 per cent of the
amount claimed, whichever is less.
THE PROCESS TO FILE A CONSUMER
COMPLAINT IN THE NATIONAL
COMMISSION
1. Consumer complaint cases with value more than Rs 10 Crore should be directly filed in
the National Consumer Disputed Redressal Commission. A consumer aggrieved by the
order of the State Commission can also file an appeal in the National Commission. The
appeal should be filed within 30 days from the date of the order passed by the State
Commission.
2. The fee for approaching National Consumer Disputes Redressal Commission is Rs. 5000
which is payable as demand draft in the name of the Registrar, National Consumer Disputes
Redressal Commission.
3. An appeal against the order of the National Commission can be filed in the Supreme
Court within one month from the date of order passed by the National Commission.
THANK YOU