Introduction:
A major concern in the realm of consumer complaints is the unawareness of the procedure to file for these complaints to ensure that an individual’s complaints are addressed in appropriate forums.
To file a formal complaint against a company, the consumer is primarily expected to send a legal notice to the company stating the deficiency in their product/service provided or the presence of any unfair practice. This is for the consumer to confirm if the company is willing to provide any compensation due to the loss/damage suffered by him/her.
If the notice sent by the consumer gets rejected, then the he/she can approach the consumer court in order to file a formal complaint against the company. For this, the complainant (consumer) is required to gather all the important facts related to their product or service availed in order to draft a petition. For example:
Date of purchase
Amount paid to the company
Proof of payment (bills, receipt or any relevant document)
Details of the complainant and the opposite party
Reason and details of the complaint (Unfair Trade Practice, supply of defective goods, deficiency in service provided, collection of excess prices, Hidden Charges)
Relief sought for under this Act
Signature of the complainant or his/her authorized agent.
Digital Filing of Consumer Complaints:
The Act also allows aggrieved customers to file complaints electronically with the appropriate judicial venue. This breakthrough in the grievance system would shorten the complaint filing process, which formerly required physical filing of the complaint with the jurisdictional District Forum where the seller conducts business or where the cause of action occurred (i.e., the place where the purchase took place). As it is an online method, it ensures that the filing may be done at any time of day. The Act does not eliminate the physical filing of complaints, but rather enhances it with e-filing.
E-Dhaakil is the platform introduced by the government wherein a consumer can file their complaints online. This platform is currently available in 15 States, Delhi, Maharashtra, Andaman and Nicobar Islands, Bihar, Jharkhand, Chhattisgarh, Gujarat, Andhra Pradesh, Odisha, Chandigarh, Uttar Pradesh, Madhya Pradesh, Punjab, Karnataka and Haryana.
Suggestions:
Widening the Jurisdiction of the Lower Commissions:
As the cost of living is rising every year, a large number of consumers are dealing with trades and services of higher monetary value. It is important for these consumers to have access to a redressal system in their own territorial jurisdictions without having to escalate their matters to a higher authority.
Consumer Awareness:
When we think about legal awareness in the Indian context, the efforts of the cyber-crime cell is something that comes to mind; their efforts to raise awareness through media and through campaigns specifically targeted towards different age groups has brought about an informed attitude about not only privacy related rights but also the process to report cyber-crimes and ways to prevent cyber-crimes.
The newly instituted CCPA (Central Consumer Protection Authority) and the existing Central Consumer Protection Council can exercise their powers to promote consumer awareness and approach the issue in the same manner. A wide umbrella campaign educating consumers about the process of filing consumer complaints and cautioning the public towards unfair trade practices is the need of the hour.
Written By,
Samiksha Malvade,
Intern, Chanchlani Law World
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