Consumer Court Complaint - How to File Complaint in Consumer Court?

When you buy a product or avail a service that is inferior, less quantity, or high-priced, you can file a consumer court complaint in the consumer courts in India to replace or rectify such a product or service. The consumer courts in India protects the rights of the consumers through consumer cases.

This article explains about consumer courts in India, who can file consumer complaints in the consumer courts, process of filing consumer court complaints and more.

What is a Consumer Court?

Consumer courts deals with cases related to consumer disputes and grievances. They are established under the Consumer Protection Act, 2019. Any consumer who is betrayed by the trader or service provider and denied his/her rights can lodge a complaint against the trader or service provider in the consumer courts.

Consumer courts are set up by the government to protect the consumers’ rights. Its primary function is to maintain fair practices by sellers. A consumer should have proper documents for filing a case. The objective of establishing consumer courts is to reduce the expense and time of the consumer in the course of him seeking redressal. Consumer courts are divided into three tiers namely, District Commission, State Commission and National Commission.

Hierarchy of Consumer Courts

Given below is the hierarchy of consumer courts in India, where a consumer complaint is filed based on the value of the transaction:

• The District Consumer Disputes Redressal Commission (District Commission) can take up cases where the amount of goods paid or services availed does not exceed Rs.50 lakh.
• The State Consumer Disputes Redressal Commission (State Commission) can take up cases where the value of the goods or services exceeds Rs.50 lakh but does not exceed Rs.2. 
• The National Consumer Disputes Redressal Commission (National Commission) takes up cases where the value of goods or services exceeds Rs.2 crore.

Click here to more about the types of consumer courts and their jurisdiction. 

Who Can File a Consumer Complaint?

The first question that has to be addressed is who can file a consumer complaint. Under the Act, the following persons can file a consumer complaint:

• Voluntary consumer association registered under the Companies Act, 1956, or the Companies Act, 2013, or under any other law. 
• A Central authority. 
• The Central or the State Government. 
• One or more consumers having the same interest. 
• The legal representatives or legal heirs, in the case of the death of a consumer. 
• The parent or legal guardian of a minor consumer.

Procedure to File a Complaint in Consumer Court

Follow the below steps to file a complaint in consumer court in India:

Step 1: Issuance of Notice

The consumer (complainant in the consumer case) should send a notice to the trader or service provider (opposite party in the consumer case) who provided defective goods or services. The notice should indicate the intention to file a consumer case if the opposite party does not resolve the defect or deficiency or if compensation is not paid. 

Step 2: Draft the Complaint 

If the trader or service provider is not willing to rectify the defect in goods or deficiency in services or provide compensation after receiving the notice, the complainant must draft a formal to be filed before the appropriate consumer court under the Consumer Protection Act, 2019. The complaint must contain the following details: 

• Name, description and the address of the complainant and the opposite party. 
• Cause of action (reason for filing the case), the approximate date, time and place. 
• Relevant facts and circumstances relating to the cause of action. 
• Relief or remedy claimed by the complainant. 
• Signature and verification by the complainant.

Step 3: Provide Relevant Documents 

The copies of documents relevant to the case and supporting the claim against the opposite party must be attached to the consumer complaint. These documents include:

• Copy of the bill or receipt. 
• Record of online booking of goods or services 
• Warranty or guarantee certificates, if any 
• Copy of the notice sent to the opposite party

Step 4: Filing of the Complaint 

The complainant must file three sets of the complaint along with documents in the appropriate consumer court (District, State or National Commission). Where the value of the goods or services for which the case is filed is below Rs.50 lakh, the complaint must be filed in the District Commission. Where the value of the goods or services is above Rs.50 lakh but below Rs.2 crore, it must be filed in the State Commission. Where the value of the goods or services is above Rs.2 lakh, it must be filed in the National Commission.

Step 5: Payment of Court Fees

The prescribed court fee must be paid in the consumer court office while filing the complaint. The court fee depends on the value of the goods bought or the service paid and the amount of compensation/ relief sought.

Step 6: Submission of an Affidavit 

The complainant must submit an affidavit to the consumer court stating that the statements and facts presented in the case are correct and true to the best of their knowledge.

Consumers can also file a consumer complaint on the National Consumer Helpline website before filing a case in the consumer court. The complaint will be registered and sent to the service provider or trader to resolve the issue instead of going to court.

Sample of the Affidavit for Reference

Sample of Consumer Complaint Format

Grounds for Filing a Consumer Complaint

Consumers can file a complaint in the consumer courts if any of the following grounds are fulfilled:

• Adoption of unfair trade practices or restrictive trade practices by the service provider.
• Sale of defective goods.
• Deficiency in services hired or availed.
• Overcharging of goods or services more than the price fixed by law, displayed on the packaging of goods, price list exhibited or agreed between the parties.
• Selling or offering to sell hazardous goods or services that threaten life and safety when used or availed, when the trader can know about the hazardous nature of the goods or services by due diligence.

Relief Uder the Consumer Protection Act

The consumer courts can pass the following orders or grant the following reliefs to the consumers after hearing the case:

• Refund the price paid by the consumer for the goods purchased or for availing the services.
• Remove defects in the goods or products after conducting tests to determine any material defects in the goods or products.
• Pay the compensation for damages suffered by the consumer or any loss or injury suffered due to the negligence of the trader or service provider.
• Replace the goods or products with new goods or products of a similar description.
• Remove the deficiency in the services availed by the consumer. 
• Withdraw or impose a ban on the sale of hazardous goods from the market.
• Discontinue unfair and restrictive trade practices where such a practice is adopted by the opposite party. 
• Issue a corrective advertisement and remove the misleading advertisement or cease from issuing any misleading advertisements.
• Provide any other adequate costs to the consumer.

The consumer court complaints ensure that the appropriate reliefs are given to the consumers who have received defective or deficient goods and services. The consumer courts courts hear the complaints filed by the consumers against the traders or service providers and pass orders to recify their products or services. The process to file a consumer court complaint is easy and can be done in a few steps.