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June 26, 2000
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Consumer Guidance Society of India
Feel that you got ripped off? And the company, which sold you the defective good or service, has turned a deaf ear to your complaints? Don't sit back and take it. Approach the Consumer Court for a fair hearing. In case that totally intimidates you, approach a consumer organisation for help.
Why approach a consumer organisation?
They will counsel you free of cost. If some of them do charge a nominal fee, it will be at a cost substantially lower than what you would pay a lawyer. Moreover, the guidance that you can get from such an organisation is invaluable.
What sort of guidance?
Besides filling you on with details about the procedure and methodology of filing a complaint, they also mediate between the two parties and try to reach an out-of-court settlement. If no settlement is reached and the matter does go to court, you can be assured of their guidance on how to put forth your arguments in court.
When should one approach them?
Only if you have already written to the company which sold you the good or service and they have refused to take note or answer your complaint.
Who can go to a consumer court?
Anyone. You can be an individual, firm, company or association of persons. But you have to be a consumer. That means, if you have bought any good or availed of any service which you have paid for or at least partly paid for under a deferred payment scheme, you can approach a consumer court for redressal.
That means payment should have been made.
Yes. A freebie will not be entertained in these courts.
Is there any time limit within which the complaint has to be filed?
Within two years from the time the problem occurred.
What really constitutes a complaint?
Deficiency of service, substandard products, shoddy goods, false assurances, misrepresentation, restrictive trade practices. It could be that the good is hazardous to life and safety when used. It could also be a protest against overcharging or hoarding. Where a service is concerned, it may be that the insurance company is refusing to reimburse your bills or the railways are refusing to pay your refund.
What if I have more than one complaint?
You can file however many complaints you wish to. But, do not club them together. File each one separately.
Against whom can you file it?
It can be filed against the erring service provider or the manufacturer of the goods. So it could be an individual, firm, company, a multinational having an office in India or even the government.
Is there any specific area where you are supposed to file your complaint?
A complaint can be initiated in the forum within whose jurisdiction the opposite party resides or carries on business. Or, it could also be in the forum where the cause of action wholly or partly arises.
Besides area, is there any other criteria?
Yes. It also depends on the amount of compensation you are seeking.
- If your claim is below Rs 500,000, you can approach the Consumer Disputes Redressal Forum at the district level.
- Claims between Rs 500,000 to Rs 2 million are heard by the Consumer Disputes Redressal State Commission.
- For sums beyond that, the appeal has to be filed before the National Consumer Disputes Redressal Commission (NCDRC) situated in New Delhi.
Does any payment have to be made when filing a complaint?
No. The services of the court are free.
Who decides the relief?
The presiding officer in court alongwith the two other members of the court by a majority decision.
What is the relief that you can expect?
- Removal of defects in goods or deficiency of service
- Replacement of goods with similar new goods free of defects
- Refund the price or charge of the defective goods
- Compensate for the loss or injury suffered by the consumer
- Discontinue unfair or restrictive trade practice and prevent its repetition
- Prevent from offering hazardous goods for sale
- Withdraw hazardous goods from being offered for sale
- Compensate for costs incurred in complaining
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