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Filing a consumer complaint in India involves a few steps, starting with trying to resolve the issue directly with the seller, and if unresolved, filing a formal complaint with the Consumer Forum. Make sure to gather all relevant documents and evidence to support your case.
First, identify the problem with the product or service. Make sure you have all the details like purchase receipts, warranty cards, and any document/communication evidence with the seller or service provider.
Before filing a complaint, try to resolve the issue directly with the seller or service provider. This can be done through phone calls, emails, or visiting their office.
1. Draft a Complaint Letter
If the issue is not resolved, draft a complaint letter. Include:
Your name, address, and contact details.
Details of the product or service (including date of purchase).
The problem you are facing.
Copies of receipts, warranties, or any communication with the seller.
What you want (refund, replacement, compensation, etc.).
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2. Send the Complaint Letter
Send this complaint letter to the seller or service provider. Make sure to keep a copy for yourself. You can send it via registered post or courier to have proof of sending.
3. Wait for a Response
Give the seller or service provider a reasonable amount of time (usually 15-30 days) to respond and resolve the issue.
4. Gather Evidence
If the issue is still not resolved, gather all your evidence, including:
Copies of the complaint letter and proof of sending it.
Receipts and warranty cards.
Any responses you received from the seller or service provider.
5. File a Complaint with the Consumer Forum
If the seller does not respond or resolve the issue, you can file a complaint with the Consumer Forum. The forum where you can go to complain are three- district forum, state commission and national commission. \
You have to select which forum to go to based on the amount of money you are claiming to have lost or want as compensation. If you are claiming for replacement of a product, mention that too along with its price. As per the Consumer Protection Act, 1986, below is the amount range:
District Forum: For claims up to ₹1 crore.
State Commission: For claims between ₹1 crore and ₹10 crores.
National Commission: For claims above ₹10 crores.
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Draft the Complaint
Prepare a formal complaint document that includes:
Your personal details.
Details of the seller or service provider.
Details of the product or service and the issue.
Copies of all relevant documents- your aadhar card, copy of receipt of product, warranty card, copy of the complaint you sent to the seller, communication with the seller etc. Add all relevant documents.
The relief you are seeking (refund, replacement, compensation, etc.).
There is a nominal fee to file a complaint, which varies based on the amount of compensation you are claiming. This fee can be paid via demand draft or online.
Submit the complaint to the relevant Consumer Forum office (District, State, or National). You can submit it in person or by mail. Some states have their own Consumer Forum website as well. You can make a complaint directly through their website in such a case.
6. Attend the Hearing
After filing the complaint, you will receive a date for the hearing. Attend the hearing with all your evidence. You can represent yourself or hire a lawyer to represent you.
The Consumer Forum will hear both sides and make a decision. If the decision is in your favor, the forum will direct the seller or service provider to provide the relief you requested.
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FAQs
FAQ 1: How can I file a consumer complaint in India?
Answer: To file a consumer complaint in India:
- Write a complaint letter detailing your grievance, including details of the product/service, the issue faced, and the relief sought.
- Attach copies of relevant documents (like bills, warranty cards, and communication with the seller).
- Submit the complaint to the consumer forum at the district, state, or national level, depending on the value of the claim.
- Pay the required fee and keep a copy of the acknowledgment.
For more details, visit the National Consumer Helpline.
FAQ 2: What should I do if my consumer complaint is not resolved?
Answer: If your complaint is not resolved at the district forum, you can appeal to the state consumer forum within 30 days of the order. If still unresolved, you can further appeal to the national consumer forum. Ensure you provide all previous correspondence and rulings.
Additional Tip:
Consumers can also file complaints online through the Consumer Online Resource and Empowerment Centre (CORE). This platform simplifies the process and offers a tracking mechanism for your complaint.
Written by Arshita Anand
Arshita is a final year student at Chanakya National Law University, currently pursuing B.B.A. LL.B (Corporate Law Hons.). She is enthusiastic about Corporate Law, Taxation and Data Privacy, and has an entrepreneurial mindset
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Further Reading
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