CONSUMER COMPLAINT

A consumer complaint or customer complaint is "an expression of dissatisfaction on a

consumer's behalf to a responsible party" (Landon, 1980). It can also be described in a
positive sense as a report from a consumer providing documentation about a problem
with a product or service. In fact, some modern business consultants urge businesses to
view customer complaints as a gift.
Consumer complaints are usually informal complaints directly addressed to a company or
public service provider, and most consumers manage to resolve problems with products
and services in this way, but it sometimes requires persistence.
If the grievance is not addressed in a way that satisfies the consumer, the consumer
sometimes registers the complaint with a third party such as the Better Business Bureau,
a county government (if it has a "consumer protection" office) and Federal Trade
Commission (in the United States). These and similar organizations in other countries
accept for consumer complaints and assist people with customer service issues, as do
government representatives like attorneys general. Consumers however rarely file
complaints in the more formal legal sense, which consists of a formal legal process (see
the article on complaint).
In some countries (for example Australia, the United Kingdom, and many countries of
the European Community), the making of consumer complaints, particularly regarding
the sale of financial services, is governed by statute (law). The statutory authority may
require companies to reply to complaints within set time limits, publish written
procedures for handling customer dissatisfaction, and provide information about
arbitration schemes.
Internet forums and the advent of social media have provided consumers with a new way
to submit complaints. Consumer news and advocacy websites often accept and publish
complaints. Publishing complaints on highly visible websites increases the likelihood that
the general public will become aware of the consumer's complaint. If, for example, a
person with many "followers" or "friends" publishes a complaint on social media, it may
go "viral". Internet forums in general and on complaint websites have made it possible
for individual consumers to hold large corporations accountable in a public forum.

How to file a Consumer Complaint in India ?

We are all consumers of goods and services in one way or the other. The moment we take
birth on this earth we become consumers and are entitled to seek relief under the
Consumer Protection Act. These days we see that consumers are cheated and harassed in
many ways. At times they are provided with inferior quality of goods, at times with less
quantity than actually demanded whereas at other times the consumer is charged with
excess prices than otherwise fixed for the commodity. The traders considers consumers
as persons who are morons having paying capacity and can try to deceive them in every
possible way. Therefore there was a strong need felt to protect the consumers.

Although we have some laws which protect the consumers to some extent which are
listed as follows:

 The Indian Contract Act, 1872

 Sale of Goods Act, 1936
 The Food Safety and Standards Act, 2006
 Standards of Weights and Measures Act, 1976
 The Dangerous Drugs Act, 1952
 The Agricultural Produce ( Grading and Making) Act, 1937
 The Indian Standards Institution (Certification Mark) Act , 1952 etc.

But these laws involve the filing of a civil suit which is very expensive and time
consuming and takes years in final disposal of the case.

So a need was felt that a Special Act should be enacted for Consumers which will provide
speedy and simple access to justice for the Consumers. The legislature did not want the
technicalities of law to be involved in an act which provides relief to the Consumers.
Therefore Consumer Protection Act, 1986 was passed keeping in view the need to protect
Consumers.

WHO CAN FILE A CONSUMER COMPLAINT?

The answer to this question is “only a CONSUMER” can file a complaint under the Act.

WHO IS A CONSUMER?

A person has to satisfy the following conditions in order to be a CONSUMER:-

 The person must have purchased goods for some value i.e. he must have paid
money
 A person who has not himself purchased the goods but who uses the goods with
the approval of the buyer is also a consumer
 A person must not have bought goods for resale or commercial purpose. But a
person buying goods for self employment is a consumer.

Who file a Consumer Complaint in India ?

The Consumer Protection Act itself provides a list of persons who can file a complaint
under the Act which is described hereunder-

 Firstly, a Consumer
 Secondly, Any voluntary Association Registered under the Companies Act, 1956,
or under any other law for the time being in force
 Thirdly ,the Central government or the State Government
 Fourthly ,one or more consumers, where there are numerous Consumers having the
same interest.

HOW TO FILE A CONSUMER COMPLIANT

Before formally filing a Consumer Complaint, it is desired that the Consumer gives
notice to the opposite party of the fact of any deficiency in service or of unfair trade
practice etc to see if the trader is willing to make good the loss suffered by either
replacing the commodity or returning the value of the purchase. If yes, the issue resolves
then and there. But if the trader refuses or neglects here that the consumers needs to
approach the Consumer Court.

 STEP 1: At first identify the Jurisdiction of the Forum where the complaint is to be
filed. This issue needs to be identified from two angles of jurisdiction i.e.
Territorial and Pecuniary.

The Consumer has to take into consideration both the territorial and pecuniary
jurisdiction of the tribunal in mind before filing his complaint and has to choose the
correct forum.

Territorial Jurisdiction of the Consumer Forums :-

A complaint shall be instituted in a District Forum or State Commission or National

within the local limits of whose jurisdiction,—

a) the opposite party resides or caries on business or has a branch office or personally
works for gain, or

b) If there are more than one opposite party, then any one of the opposite parties
resides, or carries on business or has a branch office, or personally works for gain,

Provided that in such case the permission of either District Forum, State Commission or
National Commission as the case may be, or the opposite parties who do not reside in
such place or carry on business or have a branch office or personally works for gain as
the case may be, must be obtained , or

c) the cause of action arose.

 Step 2: You will be required to pay a prescribed fee along with your complaint
before the District Forum, State Commission & the National Commission as the
case may be.
 Step 3: Then you have to draft your complaint stating facts necessary to establish a
cause of action.
 Step 4: At the end of the complaint you have to put your signatures. In case any
other person is authorised to file the complaint then complaint has to be
accompanied with authorisation letter.
 Step 5: Don’t forget to mention the name, description and address of the
complainant and the name, description, address of the opposite party or parties
against whom relief is claimed.
 Step 6: Copies of all the documents supporting your allegations. In this you can put
on record the copy of the bill of the goods bought, warranty and guarantee
documents and also a copy of the written complaint and notice made to the trader
requesting him to rectify the product.
 Step 7: You can also ask for compensation costs which should be specifically
alleged in the complaint. Besides compensation, a consumer can also ask for the
refunds, damages, litigation costs, and interest amount. You must give the breakup
of amount claimed under different heads but do remember to claim compensation
or other relief as per the pecuniary value of the forums.
 Step 8: Explain in your complaint as to how the case falls within the jurisdiction of
this forum.
 Step 9: Complaint must clearly state as to what relief is sought against the opposite
party.
 Step 10: The Act provides for limitation period of two years from the date of cause
of action. In case there is delay in filing the complaint, please explain the delay
which can be can be condoned by the Tribunal.
 Step 11: You are also required to file an affidavit along with the complaint that
facts stated in the complaint are true and correct.
 Step 12: The complainant can present the complaint in person or by his/her
authorized representative without engaging any advocate. The complaint can be
 sent by registered post. A minimum of 5 copies of the complaint is to be filed in
the forum. Besides this you have to file additional copies for each opposite party.

Consumer needs to be more aware of the malpractices followed by the trader and should
stand up for their rights. An endeavor is made to educate the consumers to file their
complaints and of taking action against the unscrupulous traders who thinks that
consumers can do nothing if any wrong is caused to them. Let us be all Vigilant of the
quality and quantity of goods supplied to us by the traders.