All of us have needs in life that necessitate the acquisition of products and services. It’s possible that the quality of these items is subpar, the quantity is insufficient, or the costs exceed the agreed-upon rate. Consumers are frequently taken advantage of by merchants. The necessity to safeguard consumers arose in response to these issues. The Consumer Protection Act of 1986 was passed with the intention of resolving consumer complaints in a more timely manner.

Who is Eligible to Lodge a Consumer Complaint?

It’s important to know who is eligible to file a consumer complaint before doing so. Only a consumer can lodge a consumer complaint, therefore that answers your question. The question of who qualifies as a consumer now emerges. A consumer is defined in subsection (d) as “any person who purchases goods or services for a consideration which may be partly or fully paid or partly or fully promised and who does not manufacture or resell such goods or services.” The following individuals and organizations, in addition to consumers, may lodge a complaint:

a) a voluntary consumer association

b) central or state government

c) numerous consumers having same interest in goods or services

d) in case of death of consumer his legal heirs and representatives

The purpose of the Consumer Protection Act is to make it easier for consumers to file complaints with the government. This means a consumer can lodge a complaint without hiring an attorney. 

Note: If you are looking for the best lawyers in Chandigarh, SL Legal Services is the firm you need to hire. They have highly qualified lawyers who can help you in every legal process.

Complaints from Customers are Filed

It is recommended that consumers first notify the other party of the alleged flaw in the product (goods or services, etc.) and attempt to resolve the issue amicably, such as by having the other party pay for the damages or replacing the product, before turning to the Consumer Forum. If so, the disagreement is over immediately. However, if the other party ignores or refuses to resolve the issue, the consumer should contact the appropriate forum. The consumer must first determine in which consumer forum his issue falls before registering a complaint.

A. Consumer Forum Jurisdictional Issues

The complainant should take his case to a consumer forum that has both geographical and monetary authority over the issue.

Territorial Jurisdiction Complaint should be instituted with a district forum (section 11), state commission (section 17) or national commission (section 21) within the local limits of whose jurisdiction,

a) The other party, or, if there is more than one other party, one of the other parties, resides, conducts business, or has a gainful occupation.

c) The cause of action arose.

Pecuniary Jurisdiction Consumer complaints can be filed with respect to value enumerated as following,

Forums – Amount

District forum – up to 20 lakhs

State Commission – 20 lakhs to 1 crore

National Commission – more than 1 crore

The award pronounced by the national commission can be challenged in the Supreme Court.

Note: You need to hire a consumer protection lawyer in Chandigarh who can help you navigate the whole process.

B. Format for Filing Complaints in Consumer Forums

Step 1. The complaint can be submitted on regular paper; no postage stamps are required.

Step 2. The complaint needs to include all the details required to prove the plaintiff’s case. The consumer must specify the following in their complaint:

a) The complainant’s and the respondent’s full names and contact data.

b) The time and date of the transaction, along with the total price of the products or services purchased.

c) Specifics about the issue at hand, such as faulty merchandise or subpar service.

d) The specifics of the complaint’s requested relief.

e) Specifics about the products and quantities purchased, or the specifics about the services used.

Copy of bills of goods purchased or service received, warranty receipt, copy of complaint submitted to trader requesting for compensation for the loss, and any other documents that support the consumer’s contention and are necessary to establish the cause of action can be attached.

Step 3. Consumers can file complaints asking for a variety of remedies, including refunds, damages, litigation costs, and more. However, these sums need to be broken out according to the monetary jurisdiction of the appropriate consumer court.

Step 4. The complaint must include a statement of jurisdiction explaining why the dispute should be heard in a consumer forum.

Step 5.  All of the facts and claims in the lawsuit must be verified by an affidavit attached to the complaint.

Step 6. The complaint should be signed off on at its conclusion. The client has the option of appearing in person or through a legal representative. If you’re filing a complaint with a local forum or state commission, you’ll need to do so in three separate sets; if you’re filing with the federal commission, you’ll need to do so in four separate sets, one for each opposing party.

Step 7. Within two years of the date the cause of action accrued, the complaint must be filed. In the event that the complaint is delayed, the proper forum must be informed of the reasons for the delay.

Conclusion

Consumers must take a stronger stand for their rights and reject merchants that engage in unfair business practices. SL Legal Services, top law firm in Chandigarh aims to inform readers about consumer complaints and the legal recourse available to them against merchants who engage in unfair or deceptive business practices. It is our responsibility to educate others about their rights as consumers, and we may all benefit from being more wary of the things we purchase from vendors.

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