Nidhi Company

How Do You File A Consumer Complaint?

A Consumer Complaint has to be filed within a time frame of 2 years from the date of purchase, against the product or the service

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Drafting of Legal Notice

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  What is a Consumer Complaint?

As a consumer, you have several rights under the Consumer Protection Act, 1986. If a seller has sold you a defective product or a service provider has provided inadequate service, you can seek relief under the law by filing a Consumer Complaint. A Consumer Complaint is a formal complaint against a seller or service provider and is filed before the appropriate consumer forum (also called consumer court). The Complaint is filed when the seller or service provider fails to rectify the problem even after receiving a legal notice. The Complaint contains details and documentary evidence about the defective product and/or service, along with the compensation and relief sought by you. Consumer Courts in India are separate from other courts and established exclusively to provide relief to consumers and therefore, are known to provide quick and effective legal relief

  What Are The Benefits or Remedies Available To Filing Consumer Complaints?

A full refund of the amount you have paid. The defect in the goods or service deficiencies will be rectified. Replacement to the defective product. Reimbursement of all legal costs incurred in filing the complaint. Compensation for any loss or suffering (including mental agony)

  Checklist For Who Can File A Consumer Complaint In India

According to the Consumer Protection Act, you can file a Consumer Complaint if you are: A consumer - i.e. an individual who purchases goods or avails services for his/her personal use (but not for resale or commercial purposes). Any registered volunteer organization that acts on behalf of consumers (e.g. The Consumer Guidance Society of India). A group of consumers having a common interest. Legal heirs of a deceased consumer

  What are your Rights as a Consumer?

According to the Consumer Protection Act, you can file a Consumer Complaint if you are: A consumer - i.e. an individual who purchases goods or avails services for his/her personal use (but not for resale or commercial purposes) Any registered volunteer organization that acts on behalf of consumers (e.g. The Consumer Guidance Society of India) A group of consumers having a common interest.

  How to File a Consumer Complaint?

STEP 1: SEND A WRITTEN NOTICE

The first step is to send a written notice to the Seller or Manufacturer explaining the problem and the reason why you are unhappy with the product or service.

What your notice should contain:

All the facts with relevant details like dates, times and amounts Any complaint or reference numbers Names of the representatives of the Seller that you have been interacting with Maintain courtesy and politeness at all times State the amount of your claim clearly Provide at least 15 days for the other party to reply to your notice

  Where Do You file Consumer Complaints?

The Forum you have to approach is decided based on the value of the goods & services purchased and the compensation you are claiming. If the total amount is: Less than 20 Lakh Rupees - you should approach the District Forum. Between 20 Lakh - 1 crore Rupees - you should approach the State Commission. More than 1 crore Rupees - you should approach the National Commission. The complaint can be filed in the District/State, where the seller resides or conducts his/her business, or in the place where the purchase was made or the service was rendered.

If the sale or purchase was made online, then the place mentioned in the terms of service for dealing with disputes, on the seller’s website, shall be chosen for filing the complaint.

FAQs on Consumer Compliants

It is good to hire a lawyer in cases where the value is high or where the complaint is of a very serious nature, such as medical negligence. Consumer lawyers are experienced in handling these cases and know how to file complaints in court, so they can help you put together a tight case against the offender

It generally takes between 8 to 18 months to complete a Consumer Complaint case. In matters that are contentious, it could take a bit longer. Sometimes an out of court settlement is also possible, in which case issues can be resolved much faster.

There are no such metrics as defined by the Consumer Protection Act, 1986. However, a reasonable amount is always expected to be claimed as compensation, along with the justification as to why such an amount is being claimed.

Once the notice is sent to the vendor and there is no response within the time prescribed or if the vendor rejects the notice, then an online complaint can be filed athttps://consumerhelpline.gov.in

The court expects you to try and resolve the dispute before approaching them. Hence, the legal notice serves as proof of this. The notice is given to the concerned party and then there is a waiting period of 15 days before filing a complaint with the Consumer Forum.

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