Consumer complaint

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    Who Can File a Consumer Complaint?

    The following persons can file a complaint before the consumer forums:
    As a Consumer: When buying goods or services especially when money is exchanged for them, which are purchased for personal use and not for resale.
    Voluntary Consumer Associations:  Associations that are registered under the Companies Act or any other law.
    Legal Heirs or Representatives:  If the consumer has already died, his/her heirs or legal representatives may file a complaint.
    Government:  Under this category, an office of the central or state government can file a complaint as a consumer's representative.
    Class Action:  In case several consumers have a similar grievance, then they can make a joint complaint which is usually a class action as described in western countries.

    Grounds for Filing a Consumer Complaint

    Under the Act, a consumer can file a complaint under the following circumstances:
    Unfair Trade Practices:  When the seller or service provider deliberately advertises untrue products and services or makes false representations with an aim to lure consumers.
    Defective Goods:  When a buyer receives defective goods which were sold or agreed to be sold.
    Servicing Deficiency:  Failure by the services hired or availed to meet adequately set standards or performance.
    Overcharging:  This is a scenario where goods or services are sold above the price that was displayed, advertised, and agreed upon by both parties.
    Hazardous Goods or Services:  The goods or services that is hazardous to the health or safety of a customer which are aimed to be sold to consumers.

    Steps to File a Consumer Complaint in India

    a) Gather Evidence
    For building the strength of a case, collecting all relative documents together is a pre-requisite to initiate a consume complaint. These documents can be of the following nature:
    Receipts of purchasing-invoices and bills.
    Pictures or video evidence of flawed goods or service deficiency.
    Service contract warranties and agreements.
    b) Settlement with Service Provider or Seller
    Before approaching the consumer court, raising the issue with the service provider or seller can often resolve the issue at a nascent stage instead of delving into protracted complaints procedure.
    c) Draft a Formal Complaint
    If the issue remains unresolved, draft a formal complaint detailing:
    Your name, address and contact details.
    The name and address of the seller or service provider.
    A brief summary of the problem.
    The relief or compensation you are seeking.
    Any supporting documents regarding your claim.
    d) Filing a Complaint Online or Offline
    You can file a consumer complaint either online through the E-Daakhil Portal or offline by approaching the following consumer forums:
    District Consumer Disputes Redressal Commission (DCDRC):  For claims up to INR 1 crore.
    State Consumer Disputes Redressal Commission (SCDRC):  For claims between INR 1 crore and INR 10 crores.
    National Consumer Disputes Redressal Commission (NCDRC):  For claims exceeding INR 10 crores.
    e)    To file a complaint online:
    Visit the E-Daakhil Portal (https://edaakhil.nic.in).
    Register by providing your credentials.
    Submit your complaint and upload all supporting documents.
    f) For offline complaints:
    File your complaint in three sets (DCDRC or SCDRC) or four sets (NCDRC), along with additional sets for each opposite party.
    g) Attend the Hearings
    The consumer forum shall inform both parties and the date of hearing are given for the case to proceed forward. One must be present at the date of hearing.
    Reliefs Available Under the Consumer Protection Act
    When a consumer court upholds your claim, it can grant various forms of relief:
    Refund and Compensation:  Cost incurred by a consumer with the quantum of damage.
    Removal of Defects:  A seller or service provider may be ordered to remove defects in the goods or services.
    Substitution of Defective Goods:  If practicable, defective goods are substituted.
    Withdrawal of Hazardous Goods:  The court may order hazardous goods to be withdrawn from the market.
    Damage:  Compensation could be physical, mental, or financial loss on the part of the buyer on account of defective goods or deficient services.
    Legal costs:  Reasonable costs of litigation may be awarded to the consumer.

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    The National Consumer Disputes Redressal Commission (NCDRC) is a quasi-judicial government commission established in India in 1988 under the Consumer Protection Act of 1986. Headquartered in New Delhi, it serves as the apex national-level forum for consumer dispute resolution in India.