How to File a Consumer Complaint

In the era of consumerism, consumer is the king. Companies have throat cut competition to reach consumers to sell their products and services. The competition between the companies benefits consumers but some times, consumers are cheated by the companies or they received defective goods or deficient services. They purchase goods or hire service under the influence of advertisements which claim high, but find it substandard. If the consumer feels that he is cheated or received substandard goods or service, the remedy is available to him under the Consumer Protection law. He can knock the door of the consumer disputes redressal forum. These Forums are the quasi court and empowered to execute their order like the ordinary Civil Court. Consumer Forum can issue arrest warrant against the opposit party or pass an order for attachment of property.  These forums can also award compensation to the consumer.

 Consumer has been defined under the Consumer Protection Acts, 1986 as who obtains goods or hire/avail service for consideration  either paid or partly paid or under any system of deferred payment but does not include the person who purchase the goods for resale or commercial purpose or avail service for commercial pupose.To sum up this we can say that the remedy is available only in case where money is paid to the seller of goods or service provider. There is no remedy if such goods or services are obtained or availed free of cost or obtained for resale or commercial purpose.However, commercial purpose does not include the use of such goods for earning livelyhood by means of self employment. Now the services of various kinds are covered under Consumer Protection Act,1986, i.e. Banking, Telecom, Airlines, Hospitalities, Amusement, Electricity and Water e.tc.

 If there is any manufacturing defect in the goods or there is any shortcoming or deficiency in the service, the consumer can give a notice to the seller of goods or service provider to cure the grievances within a specified period. If the grievance is unheeded within the given time, the consumer can move to the consumer forum by filing a complaint against the other party, who has provided defective goods or services. The procedure of filing a consumer complaint in India is very simple. Section 11 of consumer protection Act,1986 provides the procedure to file a complaint. There is no particular format of complaint though some fee has to be attached with it in the form of postal order.The name of parties and their addresses,  grievances and relief sought should be mentioned the complaint.The fee varies on the value of claim made in the complaint. For claim upto 1 Lac fee is Rs. 100 and for more than Rs. 1Lac to Rs. 5 Lacs fee is Rs.200, for Rs. 5Lacs and above but less than Ten Lac fee is Rs.  400 for more than Rs.10 Lac and less  than 20 Lacs fee is Rs. 500.The complaint should be addressed to the president of the forum.The jurisdiction of the forum depends upon the pecuniary value of complaint and place of residence of the parties and cause of action. The hierarchy of the consumer courts is divided in three categories, i.e. District consumer forum, State Commission and National Commission. The complaint upto twenty lacs can be filed before District Consumer Forum and Complaint above twenty lacs upto 1 crore can be filed directly before State Commission and complaint for more than 1 crore can be filed before National Commision. Appeal against the order of District Consumer Form can be filed before State Commission and Appeal against the State Commission can be filed before the National Commission.

Now this time if you feel aggrieved by illegal disconnection of you telephone connection, electricity or water connection or received inflated bills or your flight is delayed inordinarily or your doctor/counsel has been taking up your case negligently or your computer is defective or your fridge or AC is defective or your insurance company is not fulfilling their obligations, you should not be silent and raise your voice before Consumer forum to protect your rights. For further details write to azeez_nazar@yahoo.com

 Azeez Nazar Sabri