Consumer complaints are common wherever there are consumers. In India, there are millions of consumers who engage in a wide range of services, from basic necessities like food and drink to luxurious extras like hotels, resorts, and trips. As a result of the Consumer Protection Act of 2019, these customers’ interests will be protected and their concerns will be resolved effectively.
Whether it was for a trip across town or for any other reason, everyone has used hospitality services from a hotel, resort, homestay, or inn at least once in their lives.
In spite of this, there have been numerous consumer complaints in India over the past few years regarding this service-providing sector. As a result, the process of filing a consumer complaint has been significantly simplified and simplified for consumers’ convenience.
Consumer complaints: what are they?
Any legitimate customer can easily lodge a complaint against the accountable service provider if they are dissatisfied with the service provided.
Consumers can file consumer court online complaints and request compensation in a consumer court or forum if a corporation does not provide acceptable service or helpful products. You may be able to seek legal remedies by submitting a Consumer Complaint if a service provider provided inadequate service.
A formal complaint against a seller or service provider is called a ‘consumer complaint’ and is filed in a consumer court.
The consumer complaint includes details about the inadequate service, the compensation, and remedies you are seeking, as well as supporting documentation. India’s consumer courts are renowned for providing prompt and efficient legal assistance because they are unique from other courts and were created specifically to help consumers.
Consumer complaints can be filed by anyone.
Consumers or organizations may make a complaint in the online consumer forum for redress if they meet the following criteria:
- The consumer
- Association of Voluntary Consumers
- Governments at the state and federal levels.
- Consumers who share the same interests.
The general public, which includes unidentified consumers, or a group which is not recognized by the Companies Act or other applicable laws cannot make a complaint against a consumer.
How to File a Consumer Complaint
Step 1: The legal notice
A legal notice must be sent to the alleged offender before any kind of consumer complaint can be filed in court. In cases of service flaws and/or unethical business practices, each aggrieved party must notify the accused party legally. In order to determine whether the accused is willing to admit fault and pay damages, a legal notice is sent.
If the defendant fails to respond within 30 days to the legal notice or blatantly ignores or refuses to comply with the conditions established in the notice by the affected party, the victim party has the right to seek redress through the appropriate consumer commission or court.
Step 2: Establishing the court’s jurisdiction
When the accused fails to respond to the legal notice, the consumer must first determine the authority of the Forum. Territorial and monetary jurisdiction must be considered in the complaint. The District, State, and National Commissions have respective financial jurisdictions of up to $10 million, up to $100 million, and more than $100 million.
If the accused owns a home, a business, or a branch office, he or she must be located within the jurisdiction of the District, State, or National Commission. Any one of the accusers could be subject to jurisdiction if there are multiple accusers. There is also a possibility that this is where the ‘Cause of Action’ is situated.
Step 3: Court fees for consumers
In addition to the complaint, the complainant must pay a regular fee to the District, State, or National Commissions.
Step 4: Documents supporting the complaint
The complainant must carefully prepare the consumer complaint, including his signature and attestation. In the complaint, the complainant and accused parties must be identified by name, address, and description. If the complainant delegated authority to someone else to file the complaint, a legitimate letter of delegation must be attached to the complaint.
Among the documents required to be included in the complaint are the invoice for goods or services purchased from the accused, the warranty or guarantee of the goods or services, the letter of complaint, and the legal notice requesting redress sent to the accused.
Furthermore, the complainant must attach an affidavit with the complaint stating that, in his judgment, the facts and evidence alleged are true. A minimum of 5 copies of the complaint and additional copies for each party must be filed in the forum.
Step 5: Seeking compensation
Consumer complaints must specify what relief or compensation the complainant is seeking from the defendant. Any compensation or damages sustained by the complainant must be specified in the consumer complaint.
As well as requesting payment for the goods or services they received, consumers have the right to request compensation for any damages caused by the product, court costs, and additional interest. A detailed explanation of the amount of compensation sought must be included in the complaint.
Step 6: The limitation period and the delay
In order to file a lawsuit, the complainant must wait two years after the cause of action first surfaced. Additionally, an appeal must be filed with the State Commission within 45 days of the District Commission’s decision. An appeal to the National Commission must be filed within 30 days of receiving the lower court’s order.
Complainants are solely responsible for providing a justification for any delay in filing their complaints to the Tribunal. It can only be justified if the Tribunal agrees that the delay was fair and not malicious.
Step 7: Final Filing
An individual can address a customer complaint personally, either through an authorized representative or through an attorney.
Alternatively, the complainant can file the complaint by registered mail, and the receipt for that approach should be kept for future reference. The consumer can also file a complaint online, which is more convenient for them since it saves them time. To submit the complaint cost, you must use the available online payment gateway.
Conclusion
Consumer complaints are resolved through dispute resolution, with a complaint filing process that protects the interests of consumers and prevents businesses from engaging in unethical behavior.