Consumer Complaints – India

Consumer Complaints – India

Customer complaints or consumer complaints are written expressions of consumer dissatisfaction (London, 1980). As a positive term, it is also defined as the documentation provided by a consumer for a product or service. The Consumer Protection Act, 1986 requires consumers to File Consumer Complaints if the value of goods or services and compensation if any, exceed Rupees One Crore within two years of the date of the cause of action.

COMPLAINTS OF CONSUMERS

In the beginning, it is obvious that a consumer can complain about immoral or dishonest businessmen. The complainant may be as follows as per Section – 2 of the Act:

  • Customer;
  • You can join any voluntary consumer association
  • A central government or a state government
  • Where there are numerous consumers with the same interest;
  • If a consumer dies, his legal heir and representative.

In the event, that someone wants to complain under the Act, they must notify the opposite party (the seller or trader) to compensate them. Consumers can move to court if he ignores such notices.

COMPLAINTS BY CONSUMERS

The following cases can be complained about in writing:

  • The trader or service provider is engaged in unfair or restrictive trade practices;
  • There is a defect in the quality of the goods, standards, or measures set by the competent authorities; or there is any other defect in the goods bought;
  • Deficiency or lack, based on any defect, imperfection, or lack of performance in the services hired, procured, or to be procured;
  • Whenever a trader or service provider charges a price different from the price agreed or displayed by law for the time being in existence.
  • In contravention of any currently in force law, hazardous goods are being offered for sale for public consumption.

Consumer judges

  • Where should you go with your complaint since consumer courts are divided into three tiers?
  • The transaction amount is all that matters. A consumer protection law creates a monetary mechanism to divide the jurisdictions of these bodies.
  • Consumer commissions at district levels. Consumers can file complaints up to Rs 1 crore in value at these commissions.
  • Commissions at the state level: Consumers may file complaints if the value of their complaints ranges between Rs 1 crore and Rs 10 crore.
  • At the national level, consumers can file complaints if the value of the goods or services is over Rs 10 crore.

An unfair contract is what?

The Consumer Protection Act 2019 describes what constitutes an unfair contract under Section 2(46). A contract that favors the developer unduly is unfair. Here are the types of terms in a builder-buyer contract that can make it unfair:

  • Security deposit demand is excessive.
  • A violation of a contract is penalized unfairly.
  • Refusal to accept early debt repayment as well as penalty.
  • Terms that allow the builder to terminate the contract without good cause.
  • Whether the builder may assign the contract to another party.
  • The consumer is put in a disadvantageous position when unreasonable conditions, obligations, or charges are imposed.

THE LIMIT

A complaint filed at the district, state, or national level must be accompanied by all relevant documents and a lower fee than a civil suit. A complaint has a limitation of two years from the date the event occurred.  

WANT RELIEF

The Complainant has the following remedies:

  • Making the goods and services defect-free.
  • I replaced them.
  • Service/goods refund.
  • Compensation for damage or loss incurred by the goods.
  • The party is compensated.

REFERENCES

Within thirty days of the District Forum’s orders, the State Commission will hear appeals.

In its second appeal, the state commission challenges the orders passed by the national commission, and in its final appeal, the national commission challenges the orders of the Supreme Court.

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