How to File Complaint in Consumer Court

Consumer Court is specifically for providing rights for safety, information, choice, redressal, consumer education, and be heard. India has three levels of Consumer Courts that are national, state, and district.

Team Law Community
October 11, 2020

Consumer Court is specifically for providing rights for safety, information, choice, redressal, consumer education, and be heard. India has three levels of Consumer Courts that are national, state, and district.


Criteria for eligibility to complain in Consumer Court:

  1. Certainly, the customer may only make a complaint, but to do so, he or she must satisfy two requirements-
  • The consumer has paid money to purchase goods or services in exchange for money.
  • The person purchased the product for personal use only and not for resale purposes.
  1. A licensed independent trade association under the Businesses Act or any other legislation.
  2. State, whether central or state.
  3. Consumers with the same interest.
  4. Legal successor or relation to a deceased customer.

The Complaint is a written claim, and so the plaintiff must fall under the description of a customer.[1]


Conditions for filing a complaint:

  • Unfair or restricted business practice by a service provider.
  • Defective or non-standard goods already purchased or agreed to be purchased by the customer.
  • Service shortage, whether it is hired or reported to be employed.
  • Overcharging of products where the price is set by statute, shown on the packaging or negotiated between the parties.
  • Selling products that are dangerous to life, health, and properties.

There are different Levels of Consumer Court. Hence the jurisdiction varies accordingly. One must have to ensure in which level of Consumer Court, the case falls. If the amount is below 20 lakhs, DCDRF commands to file an appeal in SCDRC, and so on. [2]


Procedure:

Intimation: The plaintiff shall give notice to the service provider who sold the commodity. A notification informs the consumer of the plan to take action for the reception of a faulty or non-standard product. It is an effort to settle with the two parties without going to the Forum.

Drafting of the Complaint: if the seller or service provider is not prepared to offer compensation, a formal complaint is lodged with the Consumer Protection Agency The procedure does not necessarily require a lawyer and can be dealt with by the customer himself.

Attaching required official papers: Materialistic evidence and documents are compulsory to support the Complaint to produce in the court.[3]


The period to file the lawsuit before the consumer court:

A report must be lodged within two years from the date of the infringement action or when the issue occurred. According to the law, a case may be filed after a statutory period of two years if the DCDRC is satisfied with a sufficient reason for not completing the case within that period. Delay can be given if the reasons are appropriate.

Online filing of Complaint before the Consumer Court:

Online Legal India provides a forum to file a case from anywhere and at any time. Follow the methods listed below —


  1. Open the connection described above and fill out the complaint form
  2. You'll get a call from our legal team.
  3. Our legal expert will check the case.
  4. The legal expert shall give notice to the service provider or the seller.
  5. If the notification is ignored after a specified time, your case will be brought to the Consumer Court in person.
  6. We're going to help you until the case is resolved.