Complaint Filing Under Consumer Protection Act, 1986

Sunil Kumar Bakshi
March 04, 2021
4 Minutes Read

We all are consumers. Many a times, we’ve purchased some goods or services for our daily requirements and expected the most effective, top-quality product for the worth we paid for it. However, throughout this chain of consumption, we may have encounter a seller or service provider who failed to satisfy us and rendered low-quality service or some faulty product.

We all have had some grievance related to a product or service that turned out to be damaged, or a service happened to be of low-quality. We either prefer to ignore it or decide to take an action against the vendor or service provider who caused us harm/injury with their unfair and illegal selling practices. In the latter case, a consumer can file a complaint under the Consumer Protection Act, 1986 to get justice.

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Legal Meaning of Consumer

In India a consumer under the consumer protection laws is a person who falls under the category of:

Any person who buys any product in exchange of cash that is either paid partly or paid fully.
Any person who hires any services in exchange of money or any consideration.
The beneficiary of any services, not the one who hired those services in exchange of some money.

A consumer can take a lawful action against a seller or service provider for his/her unfair practices by filing a consumer complaint against the buyer in the consumer courts that are established under the Consumer Protection Act.

Consumer Courts In Faridabad

In India the consumer forums are classified into 3 courts on the basis of the worth of cases they will entertain i.e. the worth of the product or service involved and also the compensation/damages claimed from the vendor or service providers. The three tiers of consumer court are:

District Consumer Dispute Redressal Forum, that deals with the cases which have a total value which is upto Rs. 20 lakhs only.
State Consumer Dispute Redressal Commission, that deals with the cases that have a total value which is not less than Rs. 20 lakhs and not more than Rs. 1 crore.
National Consumer Dispute Redressal Commission, that deals with the cases that have a total value which exceeds Rs. 1 crore.

Grounds of Filing Consumer Complaint Under Consumer Protection Act

When the products purchased are faulty or damaged or there is any kind of shortcoming within the quality, quantity or standard.
When the products purchased don’t match the standards that were promised.
When the services hired suffer from any imperfection or shortcoming within the.
When the services hired does not match the expectations of the consumer or the standard that was promised.
When the products or services are sold at higher prices than their actual their MRP.
When the new goods bought are second-hand or old in nature but sold as they are brand new.
When the vendor or service provider falsely represent any facts regarding the product or service having any kind of sponsorship, approval, performance, accessories, or benefits.
When the requirement for any goods or services is falsely represented to mislead the buyer.
When any warranty or guarantee of the performance, efficacy or length of lifetime of a product or of any goods is as long as isn’t supported an adequate or proper test.
When any warranty or guarantee of the performance, efficacy, etc of life of a product is provided thatisn’t based on an adequate or proper test.
When a false or misleading advertisement is published in any kind ofmedia like, television, social media, newspaper, etc.
When the vendor withholds any scheme which offers gifts, prices or other items free of.
When the vendor knowingly sells such products that are hazardous to life and safety when used, are being offered for saleto the general public, in contravention of any standard regarding the protection of such goods as needed to be complied with.