Consumer Complaint

INTRODUCTION

Section- 2(1)(d) of consumer protection act, 1986( ‘Act’, for short) speaks that a consumer is any person who buys any goods or avails any service for consideration of which he has been paid or promised to pay or partly paid and partly promised to pay. Whereas, any person who buys or obtain any goods for resale or commercial purpose will not be covered under the definition of consumer. Hence, when the consumer is dissatisfied with the goods he bought or services received in return of consideration then, under the act he can file a consumer complaint.

WHO CAN FILE A COMPLAINT?

• Any consumer;
• Any voluntary consumer association;
• Central Government or any State Government;
• One or more consumers, where there are numerous consumers having the same interest
• In case of death of a consumer, his legal heir or representative.

WHERE TO FILE A COMPLAINT ON THE BASIS OF PECUNIARY JURISDICTION

A consumer can file his complaint before District Consumer Dispute Redressal Forum (DCDRF) when the claim amount is up to Rs. 20 lakh. When the claim amount is above Rs. 20 lakh and up to 1 crore then complain must be filed before State Consumer Dispute Redressal Commission (SCDRC). Lastly, when the claim amount exceeds 1 Crore, complain of the same can be filed before the National Consumer Dispute Redressal Commission (NCDRC).

District Forum(1):

Each District has a District Forum which consists of three members among them one is President who is qualified to be district judge or has been one and at least one member should be a woman. Appeals against the Orders of the District Forums can also be filed in the State Commission. In the case of Common Cause, A Registered Society v. Union of India (2) Supreme Court imposed a duty of every state to establish District Forums.

State Commission(3):

Each state has a State Commission that consists of a President, who is or has been a Judge of a High Court and two other members, one of whom shall be a woman with the following qualifications:

• Age- not less than 35 year
• Possess a bachelor degree
• Experience of at least 10 years in dealing with problems relating to economics, law, commerce, accountancy, administration, etc.

National Commission(4) :

The National Commission is located in Delhi. It also consists of a President who is or has been a Judge of the Supreme Court and has not less than four other members, one of whom shall be a woman and have similar qualifications as mentioned above. Appeals from the order of State Commission are filed in NCDRC and further order of this commission to be challenged in the Supreme Court.

TERRITORIAL JURISDICTION FOR FILING A COMPLAINT

A complaint shall be instituted in a District Forum within the local limits of whose Jurisdiction

1. Opposite party or each of the opposite parties at the time of the institution of the suit actually or voluntarily resides.
2. Where the cause of action wholly or partly arises. (5)

PROCEDURE FOR FILING A COMPLAINT

Firstly it should be clear in mind that a complaint shall be filed in relation to a consumer dispute.

Where numerous consumers are having the same interest, they can file a single case with the permission of the forum/commission.

• A complaint must be accompanied by such an amount of fees as prescribed.
• On receipt of the complaint, the forum/commission either admits it or rejects it but provide an opportunity of being heard to the complainant before rejecting the same.
• A complaint must contain the details of goods or services along with the details of the opposite party.
• Within 20 days from the receipt of the complaint, its admissibility must be declared.
• Once the complaint is admitted it can’t be transferred to any other court or tribunal or any authority set up under law for that purpose.
• After the admission of a complaint, a copy of the same must be referred to the opposite party within 20 days from the date of admission and directed him to submit his side of the case within 30 days that can be further extended by 15 days.
• Where the opposite party does not show up to represent his side then the forum/commission shall proceed to settle the dispute on the basis of evidence brought before it by the complainant and deliver ex-parte order.
• In case complainant fails to appear on the date of hearing, the forum may either dismiss the complaint or decide it on merits.
• Where the goods for which complaint is filed such which cannot be determined without proper analysis or test then, the forum may obtain a sample of good and seal it.
• Sealed sample to be referred to appropriated laboratory and within 45 days from the date of such reference, its report must be collected.
• Before submitting the sample complainant has to deposit such fees as payment to the laboratory.
• For the purpose of this procedure given under section- 13 of the act, the District forum has the same powers as are vested in Civil Courts under Civil Procedure Code, 1908.
• On the death of the complainant or of the opposite party provisions of Order XXII of First Schedule of Civil Procedure Code, 1908 shall apply.
• An appeal against the order of district forum or state commission must be filed within a period of 30 days from the date of the order to the State Commission and National Commission respectively.
• It is not necessary for a party to appoint a lawyer to represent his case as the party can appear in person also.

Following with procedure discussed above Section- 12 and 13 of the Consumer Protection Act, 1986 provides further details of the same.

[The author, Pratibha Bansal is a final year law student at Banasthali Vidhyapith, Rajasthan]

1. The Consumer Protection Act, 1986, 14-15
2. 10 SCC 1997, 729
3. The Consumer Protection Act, 1986, 25-27
4. The Consumer Protection Act, 1986, 30-32
5. Hitesndra Ramanlal Shah v. Jagson Airlines, (1995) 2 CPJ 90 Guj.