Complaint Filing Process Under Consumer Protection Act 2019

AUTHORED BY- Akash Awana

INTRODUCTION

The demand for good quality products has increased with the rise of so many sellers in the market since the competition among them has increased and this led to the deterioration of quality of product results in loss of the Consumers. Similarly, with the rise of e-commerce trading and business, the new statute has provided for the redressal of disputes through e-filing of the complaint to the appropriate forum or authority. In this article, we will understand the process of filing a complaint by the consumer under the Consumer Protection Act (COPRA) 2019 against the violations of his rights.

The rights of Consumers were safeguarded by the Consumer Protection Act of 1986. This statute was lacking a mandate of enforcing the requisite provisions against the violations by the sellers, manufacturers, or service providers, this problem has been amended by the latest statute of the Consumer Protection Act 2019 by providing mandatory provisions to the Consumer Court for the speedy redressal of the disputes irrespective of the place of the offense committed and within a fix time frame. The Pecuniary jurisdiction of District, State, and national Jurisdiction has also been raised for each level of Court. A Central Consumer Protection Authority has been established to mandatory supervise the process and fast redressal of the grievances and complaints.

The Preamble to the Act of 2019 reads as under: –

“An Act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers’ disputes and matters connected therewith.”
Therefore, the councils, forums, and commissions have been established under this act at the district, state, and national levels to provide all opportunities to the consumer for the redressal of their grievances.

PROCESS OF FILING A COMPLAINT

Before the filing of a complaint, one needs to make sure the notice has been served to the opposite party and all the requisite documents and jurisdiction of the court have been ensured.
The following process can be used by the complainant consumer against any violation of their rights by the manufacturer, dealer, seller, or service provider:

1. Any aggrieved person can write a complaint on plain paper; any stamp or notary paper is not necessary.
2. You can also visit the consumer portal to file a complaint: https://consumerhelpline.gov.in/
3. To establish the cause of action in the complaint, the complainant needs to draft the necessary facts and following things to be carefully written while drafting the complaint.
   (I) name and complete details of both the parties in dispute.
   (II) the amount paid along with the Date and time of the purchase of the good and the services availed.
   (III) details of the dispute arise like the defects in the goods or inferior quality of services or nonperformance of the service contracted.
   (IV) details of the relief sought by the complainant.
   (v) The complainant needs to attach all the copies of the document to support the arguments and to establish the cause of action. for example, the payment receipt for the purchasing of goods and services, warranty cards and receipts, copies of complaints made to the trader asking for the compensation of loss
4. The Complainant can also ask for damages, refunds, litigation expenditure, etc. as compensation for the loss after analyzing the pecuniary jurisdiction.
5. The Complainant should specify the statement of the jurisdiction of the court to examine how this case falls within the jurisdiction of the consumer forum.
6. All the verification affidavits should be affixed with the complaint stating the truthfulness of the facts and claims in the complaint.
7. The Complaint should be ended with the signature of the consumer. He may argue on his own or through an authorized representative. When the complaint is made with the district forum or state commission, it needs to be filed in three sets and when it is made with the National Commission, it needs to be filed in four sets with additional sets for each of the 0pposite parties.
8. The time limit for the complaint to be filed from the date of arise of the cause of action is 2 years. If there is a delay in filing the complaint, sufficient reasons need to be given to the forum to allow such a complaint.

CONCLUSION

Sometimes many factors may cause the delay and but little effort of raising voice and be vigilant about the proceedings of the case can make the consumer taking the complaint to a conclusive end. The consumer can ask for the details of the case from the court in written documents and can see how far the case has been taken and what else can be done. It is the right of the consumer to object to any delay in the court for any unnecessary adjournments or absence of advocates in the proceedings.