Introduction
All individuals require goods and services in order to sustain the daily exigencies of life. An individual cannot attain self-sufficiency in the production of all goods and services that may be required for daily consumption and expenditure and hence resorts to trade and purchase of goods, thus being perceived from the lens of law as a ‘consumer’. Traditionally, the burden of proof of ensuring the quality, durability and utility of the good was vested with the consumer. However, in the contemporary scenario, a gamut of legislations, forums and judicial bodies protect the rights of the consumers.
Defining a Consumer
As defined under Consumer Protection Act, 2019, a ‘consumer’ means any person who either-
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Buys a good for consideration, either paid or partly paid, but not including purchases for resale or commercial use.
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Hires or avails any service for exchange of consideration, either paid or partly paid, but not including availing of services for a commercial purpose.
While there is no strait-jacket definition of a consumer, it can be construed from the above definition provided under S2(7) of the Consumer Protection Act, 2019 that a consumer is perceived more in the nature of an individual/unit purchasing an item or service for self-consumption, thus leading to an unequal bargaining power between the consumer and the seller. The earlier discourse in the Indian context could be encapsulated in the absence of centralized legislation for the protection of consumer rights until the 1980’s, combined with low levels of consumer awareness and shifting the burden of care upon the consumer, with the prevalence of the maxim, ‘Caveat Emptor’, or Buyer Beware.
However, India witnessed a paradigm shift in the discourse after various Consumer Awareness Movements, the promulgation of the pioneering Consumer Protection Act, of 1986, and subsequent developments that have shifted the narrative to maximize the benefits to consumers and hold sellers accountable by ensuring that ‘Caveat Venditor’ (Let the seller beware) applies in real discourse. Despite a multitude of protections, a consumer might still face friction in the purchasing, usage and utility of goods & services availed by them. In such a case, a consumer can seek redress in various ways-
Filing a Consumer Complaint
According to Section 2(5) of the Consumer Protection Act, 2019, the following categories of aggrieved are recognized as eligible for filing a Consumer Complaint-
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Consumer/(s) + Legal Heirs/Representatives
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Voluntary Consumer Association
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Central/State Government
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Central Authority
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Minor Consumer-Parent/Guardian
The Consumer Protection Act was created by the government with the goal of making it simple and straightforward for consumers to file complaints. Therefore, a customer can register a complaint on his own without seeking legal counsel.
Grounds For Filing a Complaint
Section 2(6) of the Consumer Protection Act, 2019 states that any of the following pre-conditions must exist, in order to and before the consumer proceeds against the other party in a consumer forum-
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Unfair Contract/Trade Practice- Consumer Complaint may be filed when any trader or service provider has used an unfair contract, unfair trade conduct, or restricted trade practice. (Section 2(6)(i) of the Consumer Protection Act, 2019).
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Defects- Consumer Complaint may be filed when a consumer erroneously and based on the representation of the seller purchased or committed to purchase items that have one or more flaws; (Section 2(6)(ii) of the Consumer Protection Act, 2019).
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Deficiency- A complaint may also be filed when a seller contracted with or hired for the performance of the services suffers from some deficiency. (Section 2(6)(iii) of the Consumer Protection Act, 2019).
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Over-Charging- Another ground for filing a complaint is when a business or service provider, depending on the exigencies of the situation, has overcharged for the products or services that have been indicated in the complaint. (Section 2(6)(iv) of Consumer Protection Act, 2019).
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Hazardous Product- When the product(s) in question are being used even though they pose a risk to health and safety, a ground for filing a complaint exists. (Section 2(6)(v) of Consumer Protection Act, 2019).
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Risky Product- Consumer Complaint may be filed when services that are risky/ have the potential to be risky are listed in a list of purchases. (Section 2(6)(v) of Consumer Protection Act, 2019).
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Products Endangering Life and Safety- The product/services are being given by a person who performs any service and is aware that it endangers life and safety; the services are hazardous or likely to be hazardous to life and safety of the public when used; in such cases a ground for filing a complaint exists. (Section 2(6)(vi) of Consumer Protection Act, 2019).
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Existence of Liability- A product liability claim is made against the product seller, manufacturer, or service provider, as applicable; (Section 2(6)(vii) of the Consumer Protection Act, 2019).
Laws Governing Consumer Rights in India
While the Consumer Protection Act, of 1986 was the maiden legislation guaranteeing the rights of the consumer, it suffered from certain lacunae which paved the way for the promulgation of the Consumer Protection Act, 2019. The Consumer Protection Act 2019 provides for the jurisdiction and pecuniary limits for filing a Consumer Complaint in the present scenario-
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Pecuniary Jurisdiction
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Act of 1986
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Act of 2019
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District Level Jurisdiction
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Not Exceeding Rs.
20 Lakhs
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Not Exceeding Rs.
50 Lakhs
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State Level Jurisdiction
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Between Rs.20 Lakhs-
Rs 1 Crore
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Between Rs 50 Lakhs -
Rs. 2 Crore
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National Level Jurisdiction
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Exceeding Rs 1 Crore
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Exceeding Rs 2 Crore
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How to File a Consumer Complaint? : Procedure
The general procedure for filing a Consumer Complaint consists of the following steps, following which a person may file a complaint.
Mode of Filing Complaint- Physical, on Stamp Paper
Particulars Required-
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Name, Complete Details of Parties.
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Date, Time and Purchase Details of Goods.
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Particulars of the Matter of Dispute & Cause of Dispute.
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Particulars of Relief Sought by Aggrieved.
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Copies of Documents, Bills, Invoices, etc.
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Compensation Claimed.
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Signature Appended at end of Complaint.
Jurisdiction- Parties must assess the pecuniary and territorial jurisdiction and accordingly file complaints with either Central Consumer Protection Authority or State/District Commission as applicable.
Limitation Period- Within two years of the date on which the Cause of Action Arose.
A consumer may approach the following authorities to file a consumer complaint-
Mode of Filing Complaint- Online
Steps to file a consumer complaint online -
Step 1: Register on the website, consumerhelpline.gov.in by clicking on 'New user'.
Step 2: The complainant needs to provide all the required details like name, email id, address and phone number.
Step 3: After completing the registration process, go on to log in and fill in the username and password. Then go to 'File complaint' so as to file the complaint.
Step 4: Select the complaint type i.e. regarding products, service providers, and others (like you want to file a complaint against Flipkart select online shopping and then brand as Flipkart)
Step 5: A page containing the registration form will open. You have to fill the form with the necessary details of the problem or the grievances and click 'submit'.
Complainants are expected to get the resolution within three months as per the website. They can also check the status of their complaint by logging on to the website until it is resolved.
Authorities for Filing Consumer Complaints
CENTRAL CONSUMER PROTECTION AUTHORITY
Chapter III of the Consumer Protection Act, 2019 provides for a Central Consumer Protection Authority as a mechanism in order to facilitate filing of complaints by consumers, by way of regulating matters relating to violation of the rights of consumers, unfair trade practices and false or misleading advertisements which are prejudicial to the interests of public and consumers and to promote, protect and enforce the rights of consumers as a class. Section 15(1) of the Consumer Protection Act, 2019 further provides for an Investigation Wing for the purpose of conducting inquiry or investigation into Consumer Complaints under this Act as may be directed by the Central Authority.
The duties of the Central Consumer Protection Authority, as enumerated under Section 18(1), Consumer Protection Act, 2019 include-
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Ensuring protection, promotion and enforcement of rights of consumers with respect to their consumer rights as enumerated under the act of 2019.
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Ensure the prevention of Unfair Trade Practices and prevent persons from engaging in the same.
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Ensure the prevention of False and Misleading Advertisements and prevent persons from engaging in broadcasting such adverts.
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Ensure that no person partakes in publishing False and Misleading Advertisements.
Procedure and Role- Section 18(2) of the Consumer Protection Act, 2019 provides that Central Authority may-
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Central Authority may file complaints with the District Commission, the State Commission, or the National Commission, as applicable, under this Act;
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Central Authority may intervene in any consumer proceedings before the District Commission, the State Commission, or the National Commission, as applicable;
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Central Authority may inquire into or cause an inquiry or investigation into complaints to be made into violations of consumer rights or unfair trade practises, either suo motu or on a complaint received or on the directions from the Central Government.
Appeal to National Commission- Section 24 of the Act of 2019 also provides for provision for Appeal in case a person is aggrieved by the order passed by the Central Authority. The person may file a complaint with the National Commission within the duration of 30 days from the date of the decision of the Central Authority.
CONSUMER DISPUTES REDRESSAL COMMISSION
Chapter IV of the Consumer Protection Act, 2019 provides for a Consumer Disputes Redressal Commission, also known as District Commission, as a mechanism at the State Level, which can entertain consumer complaints subject to the following-
Jurisdiction- The Jurisdiction under the Consumer Protection Act, 2019, has witnessed certain changes with an increase in the upper limit of the pecuniary jurisdiction, for filing a case with the various courts and widening the ambit of territorial jurisdiction as well. The Consumer Protection Act, 2019 states the following with respect to jurisdiction-
Pecuniary- Section 34(1) of the Act of 2019 provides that the District Commission can take up cases wherein the value of the goods or services paid as consideration does not exceed one crore rupee.
Territorial- Section 34(2) of the Act of 2019 provides that the Complaint can be filed within such local limits of the jurisdiction wherein-
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Opposite Party/Parties Voluntarily Reside or Carry on Business.
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Cause of Action arises, whether wholly or in part.
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Complainant Resides/Personally works with a gainful motive.
Procedure for Filing- Section 35(1) provides the mode in which the complaint may be filed with the district commission, stating that it may be filed in person, either by the consumer alleging breach, any recognized consumer association, multiple consumers, or government, as the case may require. The provision also states that the complaint may be filed electronically, and must be accompanied by the fee payable, whenever filed in modes as prescribed.
Appeal to State Commission- Section 41 of the Act of 2019 also provides for provision for Appeal in case a person is aggrieved by the order passed by the District Commission. The person may file a complaint with the State Commission within the duration of 45 days from the date of a decision given.
In a landmark case of online fraud, a B.Tech student saw a listing of the iPhone 5S which was priced at Rs. 68 and accordingly he ordered the same. However, later the order was cancelled by Snapdeal so he chose to proceed against Snapdeal. In this case, the Consumer Court slapped a massive Rupees ten thousand fine on Snapdeal for not delivering iPhone for rupees sixty-eight.[1]
In another case, a consumer ordered a Samsung Galaxy Note via Flipkart but instead discovered a Nirma soap delivered to his address. The consumer registered a complaint with the police and after various complaints, Flipkart refunded him the money.[2]
Conclusion
The passage of the Consumer Protection Act, of 2019 marks the advent of a new era in the history of consumer protection in the Indian context. However, the onus lies both on the sellers and the consumers to be aware of their respective rights and liabilities and create a level playing field for the successful engagement of purchasing goods and services, which shall pave the way for fairer practices in the long run.
[1]Mohal Ghosh, “Snap deal Faces Major Embarrassment – Consumer Court Slaps Rs 10,000 Fine for Not Delivering iPhone For Rs 68”, Trak.in, February 16, 2016, available at: http://trak.in/tags/business/2016/02/16/snapdeal-consumer-court-fine-iphonedelivery/
[2]Sagar Rajput, “Case of cheating against Flipkart for delivering soap instead of Samsung phone”, The Hindustan Times, June 8, 2016, available at: http://www.hindustantimes.com/mumbai/case-against-flipkart-as-customer-gets-soapinstead-of-smartphone/story-R0xjgbnKC6G5JAybTKIgEM.html
