Consumer Protection Act 2019: Complaint and Procedure for filing Complaint

A "complaint" is an allegation made in writing by a Complainant for the purpose of obtaining a specific remedy or relief provided by the Act. The complaint must allege one or more of the following issues against a trader, service provider, or product manufacturer/seller:

a) A trader or service provider has adopted an unfair contract, unfair trade practice, or a restrictive trade practice.

b) The goods bought or agreed to be bought suffer from one or more defects.

c) The services hired or availed of suffer from any deficiency.

d) A price has been charged for goods or services that is in excess of the price fixed by law, displayed publicly, or specifically agreed upon by the parties.

e) Hazardous goods are being offered for sale to the public either in violation of safety standards or when the trader is aware that the goods are unsafe.

f) Hazardous services are being offered by a service provider who knows them to be injurious to life and safety.

g) A claim for a product liability action lies against the product manufacturer, seller, or service provider.

Complainant

The term Complainant means the person or entity who or which makes a complaint with a view to obtaining any relief under the Act. The definition is comprehensive, expanding the categories of those who can seek redressal to include:

- A consumer.

- Any voluntary consumer association registered under any law for the time being in force.

- The Central Government or any State Government.

- The Central Authority (Central Consumer Protection Authority).

- One or more consumers where there are numerous consumers having the same interest (representative action).

- The legal heir or legal representative of a deceased consumer.

- The parent or legal guardian of a consumer who is a minor.

A person seeking redress must fall within one of these categories to have the locus standi (legal right) to proceed with a case. The Act gives power to voluntary consumer associations to file complaints, which is crucial in a country where many consumers may be illiterate. The only restriction in this regard is that the association must be registered under a prevailing law.

The Act contemplates an identified consumer or a consumer association representing identified consumers. A consumer association cannot file a complaint on behalf of unspecified or unidentified number of consumers. The provision for "numerous consumers having the same interest" is meant for action in a representative capacity on behalf of an identifiable group.

Essential Features of a Consumer Complaint

A Complaint is a formal, written allegation made by an eligible person or entity seeking relief provided by the consumer protection law. Its essential characteristics are:

a) In Writing: The complaint must be documented, not oral.

b) For Relief: It must be filed with the specific goal of obtaining one or more remedies or reliefs available under the law.

c) Specific Allegation: The complaint must be based on one of the established grounds, such as:

- Unfair practices by the trader or service provider.

- Defects in the goods purchased.

- Deficiency in the services availed.

- Being charged an excessive price.

- The sale of hazardous products or offering of hazardous services.

d) Proper Filing: It must be filed following the legally prescribed procedure, which includes being filed in person, by post, or electronically.

e) Correct Venue: It must be submitted to the appropriate consumer commission that has the authority and jurisdiction to handle the specific case.

The Complainant or their authorized agent can submit the complaint to the appropriate District, State, or National Commission using one of three methods:

a) In Person: Presenting the complaint directly.

b) By Post: Sending the complaint via mail.

c) Electronically: Filing the complaint in the prescribed online manner (a key provision of the CPA 2019).

Important Requirements while filing a complaint:

b) No Fee: There is no fee charged for filing a complaint.

b) Verification: The complaint must always be supported and verified by an affidavit.

c) Copy Circulation:

- Copies must be sent to the opposite parties (e.g., trader, service provider).

- The complainant must keep at least two or more copies for their own records.

- A copy may be sent to an active voluntary consumer organization if desired.

Time Period for Filing Complaint: A Commission will not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen. The complaint may be entertained after the two-year period if the complainant provides sufficient cause for the delay, and the Commission records the reasons for allowing the late filing.

Decision Time for Disposal of the Complaint: The Commissions are required to decide complaints, as far as possible, within the following periods from the date the opposite parties receive notice:

- Three Months: For ordinary complaints that do not require testing.

- Five Months: For complaints that require laboratory analysis or testing of commodities.

If the complaint proves that a defect in the goods or a deficiency in the services exists, the consumer has the following remedies available against the seller or service provider:

a) Rectify Defects: To remove the defect pointed out by the appropriate laboratory from the goods.

b) Replace Goods: To replace the goods with new, similar goods that are free from any defect.

c) Refund Price: To return (refund) the price of the goods or the charges for the services rendered.

d) Compensation: To pay a specific amount as compensation for any loss or injury suffered by the consumer.

e) Remove Deficiency: To remove the deficiency in the service.

f) Stop Unfair Practices: To discontinue the unfair or restrictive trade practice and to not repeat it.

g) Withdraw Hazardous Goods: To not offer or to withdraw the hazardous goods from sale.

h) Costs: To provide adequate costs to the parties involved in the case.