Table Of Content
- How Helpful Is Consumer Forum In India?
- Can I Raise A Consumer Complaint Online In the Consumer Forum?
- Online Process Of Raising A Complaint In A Consumer Forum
- Do I Need Any Documents To File A Consumer Complaint?
- Can a Consumer Complaint be Registered through eDrafter.in?
- What Is The Time Limit For Filing A Consumer Complaint?
- What If I Lose A Case In Consumer Forum?
- Conclusion
In today’s world there is a sudden surge of online marketing where buying goods has become a very easy process where you can buy anything with just a click through the comfort of your home and at the same time fraud and cheating through online selling platforms have become more prominent. Despite the stringent laws and measures against these frauds so many a time consumers incur such situations where they are handed poor quality products or inadequate service which leads to their losses. To seek justice against poor service and protect their rights it is necessary to have a strong redressal system. This is where the consumer forums come into the picture which provide the fastest, cheapest and most accessible. This essay aims to provide a comprehensive guide on how to raise complaints in a consumer forum, empowering consumers to exercise their rights and seek justice.
How Helpful Is Consumer Forum In India?
Consumer forums or consumer courts in India were established under the Consumer Protection Act 1986. It is a very effective means to settle consumer disputes to protect their rights. These forums provide accessible justice to everyone. The grievance redressal system is not only speedy but also simple and inexpensive so that the consumers have a remedy against unfair trade practices of businessmen and deficient services. Unlike regular courts, consumer courts have no court fees which makes it accessible for even the poorest sections to file complaints.
Also, the cases are resolved within 3 to 5 months which is much faster than any regular court. Also, if they win the case they are given adequate monetary compensation for their loss, replacement of goods, or refund of the amount they paid depending upon what is more suitable in each case.
Furthermore, you won’t necessarily need a lawyer to present your case in the consumer forum which reduces the cost of hiring a lawyer. They have wide jurisdiction and can impose fines on businesses for their unfair trade practices or defective goods.
Can I Raise A Consumer Complaint Online In the Consumer Forum?
Yes, you can file an online complaint in the consumer forum these days. This makes the process of filing a complaint more easier and accessible for everyone. However, there are multiple ways in which you can raise a complaint.
e-filing through the website in which you can file a complaint through the Consumer Dispute Redressal Commission online portal for that you only need to create a user account and fill out the complaint forum and also attach all the required documents and evidence.
The second way is to contact the consumer helpline portal which is run by the Department of Consumer Affairs where complaints can be registered against defective goods or services.
There is also an app service which is launched but the government. It can be easily downloaded on a smartphone and can be used to file complaints and subsequently register yourself.
Some district commissions also allow the consumers to register the complaints through email however it depends upon your region and for that, you need to check their procedure by contacting them or checking out their website.
There are certain consumer rights NGOs and law firms which assist the aggrieved consumers by helping them filing complaints on the portal. You can contact them through their website or phone number.
What Is The Online Process Of Raising A Complaint In A Consumer Forum?
Here are the typical steps involved in the online process of raising a consumer complaint with a consumer forum in India:
- Find the correct forum: Identify which consumer forum/commission has the jurisdiction to hear your complaint based on the value of the goods/services involved. District Forums handle cases up to Rs. 1 crore, State Commissions between Rs. 1-10 crores, and National Commission for claims above Rs. 10 crores.
- Visit the forum’s website: Most consumer forums have a dedicated website or online portal for e-filing complaints.
- Create a user account: You’ll need to register and create a user account by providing details like name, contact information, address proof, etc.
- Fill online complaint form: Log in to your account and fill out the online complaint form with all the required details like particulars of the parties, grievance description, prayers/reliefs sought, etc.
- Upload supporting documents: Scan and upload all relevant supporting documents like receipts, warranties, correspondence with the opposite party, expert reports, etc. Most portals accept PDF/JPEG formats.
- Pay prescribed fees online: Consumer forums charge some fee for filing a complaint which is usually paid online via net banking/debit/credit card on the portal itself.
- E-sign and submit: After filling in all details and paying fees, you may need to e-sign or validate your complaint using an OTP/Captcha code before final submission.
- Receipt of complaint: You’ll receive an acknowledgement with a unique complaint registration number upon successful e-filing.
- Further proceedings: Depending on the forum, further proceedings like legal notices to the opposite party, hearing schedules, etc. may be notified to you online/offline as per the commission’s procedures.
Some key points:
- Check the forum’s website for detailed instructions and documentation requirements.
- Keep soft copies of all evidence handy to be uploaded.
- Note down all credentials/registration numbers for future reference.
- Be prepared to attend online/physical hearings if required by the commission.
The goal of e-filing is to make the complaint process hassle-free and allow the submission of grievances digitally from anywhere for consumers across India.
Before raising a complaint in the consumer forum. You should be aware of which types of consumer courts are suitable for the case to help you to make your legal journey easy.
Do I Need Any Documents To File A Consumer Complaint?
There are some documents that you need while filing a complaint online in the consumer forum. The list is as follows:
- Proof of purchase: The receipt, invoice or bank statement showing the transaction comes can be used under this.
- Warranty card: if there is a warranty or guarantee claim you have to provide the card on which the date of purchase and the duration of the warranty is duly mentioned.
- Communication with the company: the communications that took place between the company or person you are filing the complaint need also to be put as evidence.it can include call recordings,mails , letters etc.
- Evidence of defect: if there is the claim of defect or poor service photos or videos showing the same should be duly attached.
- ID proof: a copy of your government-issued identity card like Aadhaar, PAN etc.
This list is exhaustive and you may require other documents as well depending upon each Case.
Also, keep in mind to scan the documents properly and keep the originals with yourself as you may need them later on. Also, check the specific requirements on your consumer forum as they may require some additional documents too. And if you are still unsure, consumer forums have their own helpline numbers and you can contact them anytime to ask your question.
Can a Consumer Complaint be Registered through eDrafter.in?
Yes, eDrafter offers consumer complaint online services to those who are looking for a professional to file a consumer complaint on their behalf in the consumer forum. Below are some easy steps that you need to follow in order to register your consumer complaint:
- Visit our “www.edrafter.in” website and click on the consumer complaint Service from the main menu of the website.
- Now fill out the form to give us some required information.
- An expert Advocate will be assigned to you and we will schedule an appointment with you. The meeting details will be shared with you through mail.
- During the meeting, the Advocate will understand the case and file the consumer complaint on your behalf. He will also tell you about the available legal remedies for you to protect your legal rights by providing legal advice.
So, just follow these simple steps to file a complaint and everything will be taken care of by expert advocates.
What Is The Time Limit For Filing A Consumer Complaint?
The time limit is also known as the statute of limitations; it depends upon the jurisdiction and nature of the complaint. Also, in many cases the date from which the time is calculated starts from the date of purchase or date of defect discovered The usual time limit for filing a complaint is 2 years from the date on which the cause of action arises as mentioned under the Consumer Protection Act 2019. Furthermore, the forum may entertain the complaint after 2 years if the consumer can prove sufficient cause for the delay.
What If I Lose A Case In Consumer Forum?
Even if you lose a case in the consumer forum there are many options after that like you can raise the complaint again. However first you need to think calmly and accept the decision and you need to delve deeper into understanding if you have sufficient claim and grounds to receive monetary compensation. If you do not have those it is better to accept the decision of the forum and to waste your time and energy in it. it would help in avoiding legal costs and delays.
In India you have the right to appeal against the decision given by the district consumer disputes redressal commission by filing an appeal in the state consumer disputes redressal commission. Furthermore, if you are still not satisfied with the decision given by the state consumer commission you can again file an appeal against their decision in the national consumer. Disputes redressal commission . but you need to file the appeal within 30 days of that order or decision passed.
However, before filing the appeal it is advisable to seek legal assistance who specializes in consumer law, this is important because they know the intricacies of this law and they can understand the merit of your case if it has a chance of winning or not and would advise you if you should move forward with filing, because many time a normal consumer won’t understand the legal intricacies and would waste time by thinking that they can win the case.
You should also understand the grounds for the appeal; there needs to be additional evidence or facts or if there is any legal error in the given order. Mere dissatisfaction with the decision is not enough to file an appeal against the decision. You also need to be prepared for the further costs of litigation, lawyer’s fees etc. and ensure that you have to require financial means for the same.
If you finally decide to not pursue the appeal you must comply with the original order which means that you should pay the compensation if ordered by the commission. Also evaluate what went wrong with your case and keep those in your mind from the next time so that you don’t incur the same issue from the next time.
Hence, it is important to carefully weigh the pros and cons of filing an appeal before the commission as it can be a very time-consuming and tedious process which can also result in huge litigation costs. And sometimes it is better to accept the decision and move on especially when the claim is for a small amount as it can result in bigger harm to your pocket than the company.
Conclusion
By following the above outlined steps you can present a well reasoned case before the commission and If your case is strong you can easily receive monetary compensation from the business. Raising complaints in a consumer forum can be a daunting task for many but it is an essential step to seek justice against the unethical practices of today’s businesses. It is not only important to seek justice for yourself but it also helps the future consumer by preventing unethical services by such businesses. Furthermore, it also contributed to a more just and ethical business environment by making businesses more accountable.