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Why Should I Use Vakilsearch for filing a Consumer Complaint in India?

A Consumer complaint has to be filed within a time frame of 2 years from the date of purchase, against the product or the service.

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Reach out to our experts

Our team will get in touch with you to understand your issues and advise you on your legal options.

Step 1

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File your legal notice

Our team of legal experts will send a legal notice to your defaulting seller.

Step 2

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Get Legal support

We’ll then connect you to the best consumer protection lawyers in India to handle your case.

Step 3

Who Is a Consumer?

A consumer is any individual who purchases products or services from retailers for a personal use and not for resale or commercial purpose. For instance, when you go and buy a specific product from the market you are the consumer.

What Is a Consumer Complaint?

Consumers who pay for a particular service or business have every right to initiate action if they receive defective goods or low quality services. The Consumer Protection Act of 1986 provides the consumer with multiple rights and legal priorities. As per this Act, the consumer can file a formal complaint on the merchant or a service provider in the consumer court. This particular complaint is called a consumer complaint. Usually a complaint is filed if the merchant doesn't fix the issue after receiving a legal notice. While filing a complaint all the supporting documents and information has to be provided. In India the consumer courts provide immediate legal assistance and judgement to the customers.

Advantages of Filing Consumer Complaints?

Filing a consumer complaint can provide multiple advantages for the consumer.

  • Total reimbursement of the payment
  • Goods and services will be fixed
  • The faulty item will be replaced
  • All the expenses related to the legal activities including the complaint will be reimbursed
  • Consumers will be paid for any suffering or loss including mental agony caused due to the product or service
  • The vendor will be forced to stop unfair trading tactics
  • The complaint will be directly brought to the state where the business or the seller is located
  • If it is an online transaction the complaint is launched at the location of the sellers website.

Checklist for Filing a Consumer Complaint in India

  • Any individual who buys goods and services for personal consumption can file a consumer complaint
  • Any established, non profit organisation representing the consumer ( for instance the consumer guidance Society of India can also file a consumer complaint) can file a complaint
  • A group of shoppers with the same interest
  • A deceased consumer's legitimate heirs
  • Family members of a customer
  • If a consumer is a minor, the consumer's legal guardian can file a complaint.

How to File a Consumer Complaint Online?

The following are the steps to file a consumer court complaint online

STEP 1: Send a written notification

The first step is to inform the seller or manufacturer in writing of the issue and the basis for your dissatisfaction with the goods or service. It is strongly advised that you consult a lawyer for claims above ₹10,000 and send the notice via the attorney on business letterhead. This will demonstrate to the vendor that you intend to file a lawsuit.

STEP 2: Wait for a response from the vendor

It's likely that the business will respond to your complaint once you send the legal notification. Some may provide you with a just reward. You must know what fair compensation you consider acceptable at this point. Demanding a very large sum of money in damages will not be granted by the courts. You have the right to approach the consumer forum if no response is received within the allotted time, which is typically 15 days.

STEP 3: Select the appropriate Forum

The next step is to select the appropriate consumer forum. Make sure to select the district forum, state commission or national commission based on the purchase value and the compensation. Either you or a representative appointed by you may file the complaint with the forum or commission. The length of the proceedings can be anywhere from six to eighteen months.

STEP 4: Submit a written complaint

Based on the selected forum the format varies. Make sure your complaint is in writing. You can get assistance from our team of experts. We will draft the perfect complaint along with all the required information. To prove to the court that you tried to settle this disagreement out of court, it is crucial to provide the legal notice that you sent to the vendor or service provider.

STEP 5: Pay the court fee

You must pay a court charge in order to submit a consumer complaint. In the event that you win your lawsuit, the court will order the seller to pay you damages that include all of your legal expenses, including court costs and attorney fees.

Where Do You File Consumer Forum Complaint Online?

Based on the cost of the goods and the required compensation the consumer complaint forum differs. The complaint may be filed not only where the sale or service was made, but also in the district or state where the seller resides or conducts business.

Documents Needed to File a Consumer Complaint

  • Application compilation with an index page filed with the consumer court
  • Authorisation letter, or vakalatnama (if a person is representing your case on your behalf)
  • An application to excuse the delay for filing the complaint
  • Copies of the paperwork analysed in the case
  • Copies of notices delivered to the vendor, service provider, or buyer
  • Notice copies
  • Complaint copies

Who Can File a Consumer Complaint

  • A consumer
  • Legally organised group working on behalf of the consumer
  • A collection of shoppers who acknowledge a shared interest
  • A deceased consumer's legitimate heirs
  • Family members of a customer
  • The consumer's legal guardian, if the customer is a minor.

What Is Consumer Court? - Consumer Court Online Complaint

Several Acts, including the Sales of Goods Act and the Indian Contract Act, among others, protect consumers' rights. If a consumer right is violated, the affected parties may choose to initiate a civil lawsuit. The Consumer Protection Act of 1986 protects the rights and interest of the consumers. The consumer courts were established under this Act to resolve legal disputes between the consumer and the seller.

Hierarchy of Forums

According to the transaction amount, a consumer complaint is submitted using the hierarchy of forums shown below. The following are those:-

  • Consumer complaints valued over one crore at the supreme court national commission in new delhi
  • State commission (₹20 lakhs to ₹1 CR. In value)
  • District forums (More than ₹ 20 lakhs in consumer complaint value)

Why Vakilsearch

Vakilsearch has the best lawyers in town to help you out in multiple scenarios. We provide legal advice and help you in drafting customer complaints. Throughout the process our team of experts will help you in providing expert guidance and provide you with answers. Get in touch with us right away to file a customer complaint and other advices on consumer forum complaint online

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