Facing consumer grievances with the service provided to you? Here is all you need to know about handling consumer complaints! Read the blog to know more.
Where there are consumers there are consumer complaint. Hence handling consumer complaints is tricky, There are millions of consumers in India, and they engage in a wide range of services, from basic necessities like food and drink to lavish extras like luxury hotels, resorts, and trips. To safeguard these customers’ interests and provide an effective resolution to issues that pertain to them, the Consumer Protection Act of 2019 took effect.
We have all used hospitality services from a hotel, resort, homestay, or inn at least once in our lives, whether it was for a trip across town or for any other reason.
However, as is inescapable in any rapidly expanding industry, there are numerous consumer complaints against this service-providing sector that have come to light in India over the past few years. Because of this, the process of submitting a consumer complaint has been considerably streamlined and made very easy for the consumers’ satisfaction and relief.
What is a Consumer Complaint?
A consumer complaint is ‘a statement of discontent on behalf of a consumer to a responsible party’, and any legitimate customer can easily lodge a complaint against the accountable service provider.
If a corporation does not provide acceptable service or helpful products, customers have the right to file consumer complaints and ask for compensation in a consumer court complaint or forum. If a service provider provided inadequate service, you can potentially seek legal remedies by submitting a Consumer Complaint Online.
A formal complaint against a seller or service provider is known as a ‘consumer complaint’ and is brought before the appropriate consumer forum, which is the consumer court.
The consumer complaint includes information regarding the inadequate service, the compensation, and remedies you are pursuing, as well as supporting documentation. Because they are distinct from other courts and were created specifically to provide relief to consumers, India’s consumer courts are renowned for offering prompt and efficient legal assistance.
Who Can File a Consumer Complaint?
Handling Consumer Complaints by following people or organizations are qualified to make a complaint in the consumer forums for redress:
- Consumer
- Voluntary Consumer Association
- State or Central Government.
- Group of consumers having the same interest.
It should be emphasized that a complaint against a consumer cannot be made on behalf of the general public, which comprises unidentified consumers, or by a group that is not officially recognized by the Companies Act or other applicable laws.
Process of Filing a Consumer Complaint
Handling Consumer Complaints is the process of filing Consumer Complaint Against Hotel in India.
Step 1: Legal Notice
Sending a legal notice/ consumer notice to the alleged offender is the first step in any kind of consumer complaint process India before formally filing a case in court. Regarding a service flaw and/or unethical business methods, every aggrieved party is required to issue a legal notice for defective goods to the accused party. To find out if the accused is willing to admit fault and propose to pay damages for the victim’s wrongful loss, a legal notice is sent.
The victim party has the ultimate right to seek redress through the appropriate consumer commission or court if the defendant fails to respond to the legal notice within 30 days or blatantly ignores or refuses to comply with the conditions established in the notice by the affected party.
Step 2: Finding the Jurisdiction of the Court
The consumer must first ascertain the authority of the Forum where the complaint must be lodged when the accused fails to react to the legal notice. The complaint must consider the tribunal’s territorial and monetary jurisdiction. District, State, and National Commission have respective financial jurisdictions of up to ₹10 million, ₹10 million to ₹100 million, and more than ₹100 million.
The accused must be located within the local limits of the District, State, or National Commission that has jurisdiction over him or her if he or she owns a home, a business, or a branch office. If there are multiple accusers, any one of them could be subject to jurisdiction. It might also be the location of the ‘Cause of Action’.
Step 3: Consumer Court Fee
The complainant must next pay a regular charge to the District, State, or National Commission, as appropriate, along with the complaint.
Step 4: Complaint Details & Supporting Documents
The complainant is required to carefully prepare the consumer complaint with his attestation and signature, as well as any pertinent factual evidence. The complainant and accused parties against whom the remedy is sought in court must be identified by name, address, and description in the complaint. A legitimate letter of delegation from the complainant must be attached to the complaint if the complainant gave someone else authority to lodge the complaint.
A copy of the invoice for the goods or services purchased from the accused, documentation pertaining to a warranty or guarantee of the goods or services, a copy of the letter of complaint, and the legal notice delivered to the accused requesting to make redress are all required to be included in the complaint.
Last but not least, the complainant must include an affidavit with the complaint stating that, in his judgment, the facts alleged and evidence provided in the complaint are true. In addition, the complaint needs to be filed in the forum with a minimum of 5 copies and additional copies for each party being held accountable.
Step 5: Compensation Sought
In the consumer complaint, the complainant must specifically indicate what form of relief or compensation they are requesting from the defendant. The consumer complaint must specifically indicate the amount of any compensation or damages that were sustained by the complainant.
Consumers also have the right to request payment for the goods or services they received, as well as compensation for any damages caused by the product, court costs, and additional interest. The complaint must give a thorough explanation of the amount of compensation sought in each of the numerous areas.
Step 6: Limitation Period and Delay
A lawsuit can only be filed by the complainant two years after the cause of action first materialized. Furthermore, an appeal to the State Commission must be submitted within 45 days following the order of the District Commission. Within 30 days of receiving the lower court’s order, an appeal to the National Commission must be submitted.
It is solely the complainant’s responsibility to satisfy the Tribunal when there is a delay in filing the complaint by offering a justification. Only if the Tribunal agrees that the reason for the delay was fair and not malicious can it be justified.
Step 7: Final Filing
The complainant, her/his authorized representative, or her/his attorney may all personally address a customer complaint.
The option exists for the complainant to file the complaint by registered mail, and the receipts for that approach should be kept for future use. However, filing a complaint online is also an option, which is more practical for the consumer complaint process since it saves time. The available online payment gateway must be used to submit the complaint cost.
Conclusion
Handling Consumer Complaints and complaint filing processes for consumer complaints are designed to quickly defend the interests of consumers and prevent businesses from engaging in unethical behaviour. By adopting an online complaint form, the government has made tremendous progress toward swiftly resolving the complaints of customers. Particularly during the epidemic, the online process can be considered one of the smoothest and most beneficial processes. Sparing consumers from tiresome and time-consuming procedures will have a greater long-term impact on consumers. To learn more about this, you can take help from the experts of Vakilsearch.
