How to file a consumer case / complaint? Procedure and Grounds?

A consumer complaint in India has to be filed under the provisions of the Consumer Protection Act, 2019.

The complaint shall clearly contain particulars of dispute, the relief claimed and shall also be accompanied by copies of documents which are required to prove the claim made in the complaint. The complaint has to be filed in three (3) sets with additional sets equal to the number of opposite parties. Therefore, minimum four (4) sets have to be filed in case only one opposite party is there. The complaint set has to be submitted along with requisite fees in the office of the appropriate Commission.

GROUNDS

A complaint can be filed by a consumer on grounds of –

• GOODS: any defect in goods, charging of excess prices, sale of hazardous goods, adoption of unfair contract, unfair or restrictive trade practice by the trader.
• SERVICES: any deficiency in service, charging of excess prices, offering of hazardous services, adoption of unfair contract, unfair or restrictive trade practice by the service provider.
• PRODUCT LIABILITY: any defective product manufactured, sold or any deficiency in services relating to it.

However, services rendered free of charge or under a contract of personal service (like contract between employer-employee or master-servant) are excluded from the purview of Consumer Protection Act.

CASE HEARING

During hearing of the case, the complainant can appear in person or through a duly authorized agent and can also avail legal representation by engaging an advocate.