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Overview

If you have obtained a product or service, you can take action immediately! You can file a consumer complaint at the end; However, you should send legal notice to the vendor or service that is actually required.

Customers have the right to request compensation in a consumer court / forum; If they fail to serve good service or useful products, file a consumer complaint against the company. As a consumer, the consumer got many rights under the 'Consumer Protection Act, 1986'. You can also get relief under the law by filing a consumer complaint if a vendor has sold a bad product to you or a service provider has provided inadequate service.

A consumer complaint is a formal complaint counter for the seller or service provider and is filed before the appropriate consumer forum, known as the consumer court. When the seller or service provider fails to resolve it, a consumer complaint is filed even after the legal complaint is received. A consumer complaint is about documentary evidence and poor service / or product and the compensation and relief you have been given. Consumer courts in India are known to provide quick and effective legal assistance as they are different from other courts and are specifically set up to provide relief to consumers.

Who is the consumer?

Any person who purchases services and products for personal use and is not for business or resale is known as a consumer. A consumer is one who is in favor of advertising and marketing or is deciding whether to buy an item at the store. Consumers notify anyone who contemplates buying something that has been promised or partially paid or partially promised or paid, or any deferred payment Is found under the system.

Consumer rights

The Consumer Protection Act guarantees you the following rights as a consumer in India. They are as follows: -

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  • Right to Safety

    The consumer has the right to be protected against any potentially dangerous products or hazardous or any services.

  • Right to Information

    The consumer has the right to information about the services or products you are purchasing.

  • Right to Choose

    You are entitled to access different products and services as a consumer, at competitive price that you are capable of choosing as per your requirements.

  • Right to Be Heard

    You have the right to make your considering heard and seek redressal if your consumer rights have been infringed by a seller or service provider, through the numerous consumer courts in every district.

  • Right Against Unfair Trade Practices

    You are also granted various rights as a consumer against any unfair trade practices, such as refusal to issue a bill, "No Exchange"/"No Refund"/"No Bargaining" strategies, etc.

Where do you file a Consumer Complaints?

The platform you can contact is decided based on the indemnity you are claiming and the value of the goods & amp; Purchased services Consumer complaints can be lodged in the district / state where the purchase was completed and / or the service was provided and from where the seller operates or conducts his business.

The location mentioned in the context of the service to deal with disputes should be chosen to register a consumer complaint if the sale or purchase was made online on the seller's website.

What do you mean by consumer court?

Jurisdiction of consumer court

The jurisdictions of the courts are based on the hierarchy of consumer courts. The jurisdiction of Consumer Courts can be classified under Pecuniary, Territorial and Appellate Courts.

Pecuniary jurisdiction

  • The District Consumer Disputes Redressal Forum is not more than 20 lakhs - it has jurisdiction over it.
  • The State Consumer Disputes Redressal Commission, where the claim is more than 20 lakhs but does not exceed one crore rupees - has economic jurisdiction.
  • The National Consumer Disputes Redressal Commission, where demand exceeds Rs 1 crore - has exclusive jurisdiction.

territorial jurisdiction

After establishing the Panch Jurisdiction, the territorial jurisdiction has to be taken into consideration. A consumer complaint can be filed in court within the local limits where it meets the criteria given below. They are as follows: -

  • When the opposite party voluntarily acts or stays within those local restrictions.
  • You can apply the same law applicable to contract law where determining cause of action arises if cause of action arises from it.
  • When a transaction was made online, territorial jurisdiction may be concentrated.
  • Online transactions were successfully denied territorial jurisdiction. Territorial jurisdiction is in any of several locations; Causes action. In this case, which also includes where the appellant resides.

Benefits

  • The full amount of money you paid for goods or services.
  • Reimbursement of all 'legal costs' incurred in filing a consumer complaint.
  • Shortages in goods or services will be corrected.
  • Replacement of defective product.
  • The seller may be ordered to discontinue his / her unbalanced business practice.
  • Any loss or suffering (plus full / partial compensation for 'mental anguish').
  • If a 'sale or purchase' was made online, the location mentioned as a service to deal with disputes should be chosen to register a consumer complaint on the seller's website.
  • A consumer complaint can be lodged in the district / state where the purchase was made, or the service was rendered or at the place where the seller conducts or conducts his business.

Required documentsto

  • Consumer Court compiling applications before the Consumer Court including an index page
  • Advocacy / Authorization letter (if another person is representing you on your behalf) / />
  • Application for condensation of delay (used in case of delay in submission of complaint)
  • Copies of documents considering the case
  • Copies of notices sent to vendor, vendor or service provider
  • Copies of consumer complaints and notices (recommended for each opposite party with five copies with additional copies)

As per the 'Consumer Protection Act', if you fulfill the following condition

you can file a consumer complaint. They are as follows: -

  • A consumer is a person who purchases 'goods' or receives services for their 'personal' use (but not for 'resale' or 'commercial' purposes).
  • Any registered voluntary organization that works or works on behalf of consumers (for example: Consumer Guidance Society of India)
  • A group of consumers who accept a common interest.
  • The legal heir of the deceased consumer.
  • Relative to a consumer.
  • Legal guardian of the consumer if the consumer is a minor.

Procedure for filing online consumer complaint

A helpline has been started by the Department of Consumer Affairs & quot; Consumerhelpline.gov.in & quot; Advising, creating awareness and redressing consumer complaints. It also acts as a central registry for filing consumer complaints. The Government of India runs the Consumer Online Resource and Empowerment Center, also known as the Grievance Redressal System, which deals with the Consumer Coordination Council and the Department of Consumer Affairs for the resolution of consumer complaints and consumer complaints.

File a Consumer Complaint

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send written notice

The first step in sending a written notice to the seller / provider or manufacturer is because of the problem and the reason that you are disappointed and not satisfied with the product or service.

Mostly it is recommended that you get Rs. 10,000. This will help you to send a notice on the official letterhead. This will specify and indicate to the seller that you are very serious about taking legal action.

Wait for seller's reply

After sending legal notice the company will respond to your issue and can give you appropriate compensation. You should know which appropriate compensation is acceptable to you at this stage. If you demand too much amount as compensation, the courts will not entertain, because it will not put you anywhere. If there is no response within the stipulated time (15 days), you have the right to contact the 'Consumer Forum'.

Choose the right judicial forum

Depending on the value of the goods or services you have purchased or the compensation you have claimed, you can contact the appropriate consumer forum / commission. These include District Forum, National Commission or State Commission. You have the option of filing a consumer complaint or appointing a lawyer to represent you on behalf of the Commission / Forum.

File a written consumer complaint

Each forum has an accepted format that you ‘ Consumer complaints; ’ Should follow while writing. Send written notice

The first step in sending a written notice to the seller / provider or manufacturer is due to the problem and the reason that you are disappointed and not satisfied with the product or service.

Mostly it is recommended that you get Rs. 10,000. This will help you to send a notice on the official letterhead. This will specify and indicate to the seller that you are very serious about taking legal action.

Wait for the seller's answer

After sending legal notice the company will respond to your issue and can give you appropriate compensation. You should know which appropriate compensation is acceptable to you at this stage. If you demand too much amount as compensation, the courts will not entertain, because it will not put you anywhere. If there is no response within the stipulated time (15 days), you have the right to contact the 'Consumer Forum'.

Choose the right judicial forum

Depending on the value of the goods or services you have purchased or the compensation you have claimed, you can contact the appropriate consumer forum / commission. These include District Forum, National Commission or State Commission. You have the option of filing a consumer complaint or appointing a lawyer to represent you on behalf of the Commission / Forum.

Procedure

Filing a consumer complaint is a mandatory step in the fundamentals of the existence of a consumer complaint if the seller has not satisfactorily responded to any legal notice. Consumer complaints will be prepared with careful consideration, and plenty of time should be allowed for drafting and all stages of negotiation. It is advised that an attorney with 'consumer protection experience' should be appointed to prevent the many potential pitfalls within consumer complaints.

Servzone advises you to get in touch with an advisor to understand the requirement in detail. Initial information will be mandatory from your end to start the process. After providing all the information, the lawyers will start working on your document and payment will be received. Also, you will get the first draft of your authorized documents within a few days. You can evaluate the document, and intimate it for correction in case of any amendment to the information and complaint.

Why Servzone?

Servzone is one of the platforms that coordinates to meet all your legal requirements and continuously connects you with professionals. Yes, our clients are pleased with our legal service! Due to our focus on simplifying legal requirements, they have consistently treated us highly and provide regular updates.

Our clients can track progress on our platform at all times. If you have questions about a consumer complaint for the litigation process, our experienced legal advisors are just a phone call away. servzone will ensure that your communication with professionals is engaging and seamless.

What do you mean by consumer court?

Consumer rights are protected under several Acts, such as the Sales Act, the Indian Contract Act, etc. In the event of consumer rights violations, victims can file a civil lawsuit, which is costly and time consuming. . Whereas the Consumer Protection Act, 1986 is an Act passed specifically to protect the rights and interests of the consumer. Therefore, the consumer has to deal with lawsuits filed by statutory bodies & quot; Consumer Court & quot; Are established under this Act.

hierarchy of forums

A consumer complaint is filed based on the value of the transaction below, which is a hierarchy of forums. They are as follows: -

  • Supreme Court
  • National Commission (New Delhi) Consumer Complaint Price above 1 Crore.
  • State Commission (Price 20 Lakhs to 1 Crore.
  • District Forum (Consumer Complaint Value Below 20 Lakhs

Appeal jurisdiction

  • If the consumer is not happy with the decision of the District Forum, the consumer can appeal to the State Commission.
  • If the consumer agrees with the decision terminated by the State Commission, the consumer can appeal to the National Commission.
  • If a consumer is not satisfied with the decision given by the National Commission, the consumer can approach the Supreme Court for appeal.

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