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3 Ways to File Complaint in Consumer Court in India and Get Refund

Have you gone through a bad experience due to a product you’ve purchased or service you have paid for? Or have you been a victim of online fraud? If yes, you should first follow our guide to reporting online fraud. However, if you want to follow the legal angle, and lodge a complaint in consumer court, then today, in this article, we will be discussing how you can file a consumer complaint. So let’s get started, but before that, there are a few things to know before filing a consumer complaint.

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Who Can File A Consumer Complaint?

A complaint can be filed in the Consumer Court by:

  • A consumer, i.e., A person, is a consumer who fulfills the following conditions:
    • The person has purchased goods or availed some services in exchange for some value, i.e., he/she has paid money
    • The person must have bought the goods for personal use and not for resale or commercial purposes
  • Voluntary consumer association: Any registered association under the Companies Act, 1956, or under any other law
  • The Central or the State Government
  • One or more consumers who have the same interest
  • In cases of death of a consumer, his legal heir or representative.

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When Can A Consumer File A Consumer Complaint?

A complaint can be filed by the Consumer or his legal heir or representative or voluntary consumer association if all of the undermentioned conditions are met:

  • any of the grounds listed below are satisfied in his case;
  • the statutory period of 2 years from the date of cause of action has not lapsed;
  • the person filing a complaint must be in the legal capacity to file the complaint, i.e., he/she should be sane, solvent, and major.

If you fall within the ambit of the definition of a “Consumer,” you need to identify the ground under which you can file the “Complaint.” A complaint here means any allegation made by the complainant in written form.

Reasons to File a Consumer Complaint

  • Adoption of unfair trade practice or a restrictive trade practice by the service provider;
  • Defective goods, whether already bought or agreed to be bought by the complainant;
  • Deficiency in Services, whether hired or availed or agreed to be hired or availed;
  • Overcharging of goods or services more than the price that may have been fixed by law or displayed on the packaging of goods or the price list exhibited or so agreed between the parties;
  • Selling or offering to sell hazardous goods or services which pose a threat to life and safety when used or availed, provided the trader could know that the goods or services are hazardous by due diligence.

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Supporting Documents To File a Consumer Complaint

While filing a consumer complaint, you need to have the following supporting documents as conclusive evidence to make your complaint strong (the more the documents, the stronger your complaint gets):

  • A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought
  • Warranty/Guarantee certificates
  • A copy of the written complaint and notice sent to the manufacturer/seller

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How to File A Consumer Complaint in Court From Web or Phone?

You can file a complaint in a Consumer court from the website of the National Consumer Helpline (NCH) or even from the phone app. Let’s take a look at the step-by-step guide.

Steps to File a Consumer Complaint From NCH Website

1. Go to the website of the National Consumer Helpline.

2. Create an Account or Sign-in to your account (if you are an existing user) from the top right corner.

Note: If you are not an existing user, the signup process is really simple; just fill in the form, set a password, and verify your account via an OTP.

3. Choose the category of grievance you want to file.

  • Consumer Grievance

This option is to either ask a query or file a grievance about the product you have purchased or a service you have availed of in exchange for monetary payment. For examples, Airlines, Banking, Automobiles, DTH, Electricity, E-commerce, FMCG, Electronics, schools, Real Estate, and more. You are required to fill in details like Grievance Type, State, City, Industry, Company Name, etc., from the drop-down menu. Describe your grievance, mention the amount of product or service, and attach supporting documents.

  • Misleading Advertisement

Under this category, you can report any misleading advertisement or any specific thing about the advertisement which is misleading. It covers most types of advertisements, be it in newspapers, TV, Radio, Billboards, Wall Writings, Magazines, Posters, or even online like YouTube, Facebook, etc. You must fill in details like State, City, Industry, type of media, etc., from the drop-down menu. Fill in the Company name and address of the company, describe your grievance, and attach supporting documents.

  • A complaint in Consumer Commission on E-DAAKHIL 

It is a portal for online and offline filing of complaints by aggrieved consumers and facilitates digital payments related to it. It was launched back in September 2020 by The National Consumer Disputes Redressal Commission (NCDRC). Later this facility expanded to 23 States/UTs for respective State Commission and District Commissions. Facilitating a consumer to file a consumer case from anywhere. It’s a virtual court, as there are services like:

    • filing online notices,
    • downloading the respective case document link related to any filed case,
    • downloading the court hearing video,
    • filing the reply in writing for issues raised by another party,
    • getting alert subscription messages through mail or SMS and other issues like additional filing by the complainant.

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Steps to File a Consumer Complaint From NCH App

You can also file a Consumer Complaint from your phone using the National Consumer Helpline (NCH) App. Here’s how you can do it:

1. Download the NCH app on your phone from the Google Play Store. (As of now, there’s no NCH app for iOS).

2. Sign-up to create an account or log in if you are an existing user.

3. Click on the hamburger menu button (three lines) from the top left.

4. Choose the category of grievance you want to file.

Grievance Registration Form

As mentioned above, a consumer can file a grievance for any product or service paid for. You need to fill in details like your state, city, industry of product or service, category, and company name, product value from the drop-down menu. Mention the dealer’s details, describe your grievance, and attach supporting documents, to register your grievance.

Misleading Advertisement

Similarly, if you find any misleading advertisement, either in print or digital media, you can register a complaint using this option directly from the National Consumer Helpline (NCH) app. Just fill in details like state, city, and company details, describe your grievance and submit supporting documents.

E-DAAKHIL 

You can go to the E-Daakhil website to lodge a consumer case from the comfort of your home. The video file of the hearing proceedings can be downloaded, reply to the issues raised by other parties, etc.

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Steps to File a Consumer Complaint Form UMANG App

UMANG App also allows you to file a Consumer complaint on Android or iPhone. Here’s how you can do it.

1. Download the NCH app on your phone from the Google Play Store or Apple App Store.

2. Sign-up to create an account or log in if you are an existing user.

3. Click on the All Services tab, and search National Consumer Helpline.

4. Now, tap on Register Grievance.

5. Here, you can only register a Grievance complaint against a product or service, unlike NCH App and website. This can be done by filling in details like state, purchase city, industry, category, company name, grievance description, product value, and more, along with supporting documents.

Wrapping Up

So this is how you can file a consumer complaint when you had a bad or unacceptable experience with the product you’ve purchased or service. After filing the complaint, you will receive a confirmation on your registered email ID. In case you didn’t get a proper response or want to take it higher legislation authority, then you should take legal help from a lawyer. I hope you found this article useful. If you did, make sure to like and share with those in need. Stay tuned for more such tech tips and tricks.

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