Suppose you purchase a book in India from a reputed publisher, but either its pages are either coming out or the words are misprinted/grammatically incorrect. Do you have the right to get a refund? What if the publisher denies you a refund? What do you do then?
What if you buy a large consignment of T-shirts on pre-order and it is not covered under insurance? What do you do then?
Fear not! You may have the right to Consumer Grievance Redressal since you are a consumer under the Consumer Protection Act of 1986.
When can a complaint be made?
A complaint may be made in writing under the following circumstances:
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Loss or damage is caused to the consumer due to unfair or restrictive trade practice;
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the article purchased by a consumer is defective;
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the services availed of by a consumer suffer from any deficiency;
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a trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the stipulated price;
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Goods or services, which will be hazardous to life and safety, when used, are being offered for sale to the public.
The jurisdiction for your case depends if your case should be a civil suit or consumer plaint and on the value of your product or service prescribed herein:
- Up to Rs. 20 lakh: District court
- Rs. 20 lakh to Rs. 1 crore: State commission
- Above Rs. 1 crore: National commission.
Consumer Grievance Redressal for large-scale consumers
The National Consumer Disputes Redressal Commission (NCDRC) was set up in 1988 to see such cases (complaint valued more than one crore) where either a consumer was duped of a product/service or they were denied service as promised.
To file a complaint with NCDRC you have to follow these points:
- The claim has to be filed within a period of two years from the date on which the cause of action has arisen.
- The claim should exceed Rupees One Crore.
- The consumer complaint should be signed by the complainant and supported by a Notarized attested affidavit
- The claim should contain a memo of parties, supporting documents e.g. receipt, voucher etc., and an application for condonation (2 years from cause of action) of the delay with a supporting notarized attested affidavit
- A fee of Rs.5,000/- has to be paid to NCDRC for filing the consumer complaint.
Consumer Grievance Redressal for smaller consumers
Union Ministry of Consumer Affairs’ initiative National Consumer Helpline – NCH (Toll-Free No. – 1800-11-4000) which operates under the Centre for Consumer Studies at Indian Institute Of Public Administration helps the consumers address their grievance in matters related to day-to-day dealings with many business and service providers.
A consumer can call the helpline to seek information and make complaints. The ‘Jago Grahak Jago’ campaign of the NCH helps customers in the following ways:
- Finding solutions to problems related to Products & Services.
- Providing information in relation to Companies and Regulatory Authorities
- Helping consumers to file complaints against defaulting Service Providers.
- Educating consumers about the various Rights and Responsibilities they are entitled to.
As a consumer, you are entitled to:
- Right to Safety – to be protected from hazardous goods & services
- Right to Information – to be informed about the quality & performance of goods and services
- Rights to Choose – to make free choice of goods and services
- Right to be Heard – to be heard in the decision-making process concerning consumer interest
- Right to Redressal – if your consumer rights are infringed
- Right to Consumer Education – mechanisms by which you can redress your grievance.
How to register your complaint with NCH?
- Complaints are registered on the portal www.consumerhelpline.gov.in either by telephone, direct registration, SMS, walk-in, mobile app, postal letters, and e-mail.
- Complaints related to local dealer/ shopkeeper and non-consumer categories are disposed of with relevant advice.
- If the complaint pertains to convergence companies, the complaint automatically reaches them on a real-time basis. The nodal person of the company is intimated by an email alert.
- The complaints which do not relate to convergence companies are extracted, email IDs searched from public domains and Registrar of Companies, and forwarded to the respective companies.
- You will be required to pay a prescribed fee along with your complaint before the District Forum, State Commission & the National Commission as the case may be.
What are the Reliefs available to Consumers from Consumer Fora?
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Removal of defects from the goods;
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Replacement of the goods;
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Refund of the price paid;
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Removal of defects or deficiencies in the services;
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Award of compensation for the loss or injury suffered;
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Discontinue and not to repeat unfair trade practice or restrictive trade
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practice; To withdraw hazardous goods from being offered for sale;
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To cease manufacture of hazardous goods and desist from offering services which are hazardous in nature;
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If the loss or injury has been suffered by a large number of consumers who are not identifiable conveniently, to pay such sum (not less than 5% of the value of such defective goods or services provided) which shall be determined by the forum;
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To issue corrective advertisement to neutralize the effect of
misleading
advertisement;
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To provide adequate costs to parties.
Is it possible or is it a myth?
Thousands of Complaints are registered on such forums and consumer courts each month. The case lists are published monthly in PDF format and are publicly accessible.
You can track your case status from the websites of these fora. The public reaction to their grievance redressal is mixed. Many people have benefitted from such initiatives whereas many didn’t find the resolution they were looking for.
You also have to factor in the premise that these are government websites and they take their own time to process complaints.
Overall, since you are a consumer, you have every right to approach fora for redressal of your grievances. Let us know your experiences in the comment section below.