Online Consumer Complaint

How to File a Case in the Consumer Court? 

• Ensure Eligibility: Make sure the complaint relates to defective goods, poor service, unfair trade practices, or consumer rights violations. The issue must not have been resolved via a Consumer Forum. 
• Intimation via Notice: Inform the service provider about the issue and attempt a resolution before filing a formal complaint. 
• Draft Consumer Complaint: If unresolved, file a formal complaint under the Consumer Protection Act, including personal details, business details, the issue, and relief sought.  
• Attach Relevant Documents: Include proof of purchase, photographs of defects, correspondence with the business, and warranty documents 
• Choose the Appropriate Court: Choose the right consumer court based on the value of the goods/services and the compensation being claimed.  
• Submit the Complaint: Submit the complaint either online or in person at the relevant court (District, State, or National). 
  • Offline: Visit the NCDRC office (located in New Delhi) and submit your complaint in person or via post. 
  • Online: File online via the E-Jagriti Portal or visit the NCDRC office in New Delhi. 
• Pay the Filing Fee: Pay the required fee based on the value of goods and compensation requested. 
• Court Acknowledgment: After submission, receive an acknowledgment receipt or case number. 
• Attend the Hearing: Present your case at the scheduled hearing. 
• Court Decision: If the decision favors you, receive compensation, refund, or replacement. 
• Appeal (if required): If dissatisfied, appeal to a higher court (District to State, State to National Commission).  

Evidence Needed to File a Complaint 

When filing a consumer complaint, having the right evidence strengthens your case. Here’s what you may need: 

• Proof of Purchase – Invoice, bill, receipt, order confirmation, or delivery proof. 
• Communication Records – Emails, chat screenshots, call recordings, or complaint reference numbers. 
• Product/Service Details – Photos/videos of the product, warranty card, user manual, or service agreement. 
• Bank Transaction Proof – Payment receipts, bank statements, UPI records, or credit/debit card statements. 
• Complaint Records – Copies of previous complaints, company responses, and grievance numbers. 
• Terms & Conditions – Any relevant policies, contracts, or guarantees from the seller/service provider. 
• Legal Notices (if applicable) – Any prior legal communication sent to the company. 

Customers also play a vital role in maintaining a fair marketplace. By understanding their responsibilities, consumers contribute to a safer and more transparent shopping experience. Here's a quick guide to what every consumer should know: 

• Be aware – Consumers should check the safety and quality of products or services before buying them. 
• Use Products Properly: Consumers should use products as directed by the manufacturer to avoid misuse. 
• Protect Personal Data: Consumers should protect their personal information, especially in online transactions, and be aware of privacy risks. 
• Speak up – Consumers should feel comfortable sharing their concerns and telling sellers what they want. 
• Raise Complaints: If a product or service is faulty, consumers are responsible for raising the issue and seeking a solution, whether through business or through consumer courts. 
• File complaints – If consumers are unhappy with a product or service, they should clearly express their dissatisfaction and file a complaint. 
• Be ethical – Consumers should act fairly and avoid supporting dishonest practices. 

As per section 86, the product sellers will held responsible if:

1. They controlled the design, testing, or labelling of the product.
2. They modified the product in a way that caused harm.
3. They gave an express warranty, and the product didn’t meet it.
4. The manufacturer’s identity is unknown, or they can’t be contacted.
5. They didn’t properly assemble, inspect, or maintain the product, or failed to pass on warnings.

As per section 87, product seller or manufacturer can’t be held responsible if: 

• The product was misused, altered, or modified when harm occurred. 
• For cases about lack of warnings or instructions, the manufacturer isn’t liable if: 
  • The product was purchased by an employer for workplace use and the employer received the necessary warnings. 
  • The product was a component sold to make another product, and the manufacturer gave proper instructions to the buyer, but harm happened from how the final product was used. 
  • The product was meant to be used by an expert and the manufacturer gave warnings to them. 
  • The user was under the influence of alcohol or non-prescribed drugs when using the product. 
• The danger was obvious or well-known to the user. 

Under the Arbitration and Conciliation Act, 1996, disputes can be resolved through arbitration, offering faster, confidential, and fair resolution. Section 7 mandates arbitration if included in the the consumer dispute, while Section 8 allows courts to refer disputes to arbitration. 

• Faster Resolutions: Avoids lengthy legal battles.  
• Confidential Proceedings: Keeps sensitive business information private.   
• Fair Dispute Resolution: A neutral arbitrator decides the case. 

Don'ts

• Don’t Be Aggressive: Avoid shouting, swearing, or being overly emotional when dealing with business. This can hinder your chances of resolving the dispute in your favor. 
• Don’t Ignore Your Responsibilities: Make sure you're aware of your obligations under the contract or agreement. Ignoring your responsibilities could weaken your position. 
• Don’t Jump to Legal Action Immediately: Legal action should be a last resort. It’s better to first try resolving the issue through negotiation or mediation. 
• Don’t Fabricate Evidence: Always be truthful in your communications and avoid exaggerating or creating false evidence. This can damage your credibility and harm your case. 
• Don’t Miss Deadlines: Consumer protection laws often have time limitations for filing complaints or claims. Don’t wait too long to act. 
• Don’t Forget to Follow Proper Channels: If the company has a formal complaint procedure, make sure to follow it. This may be required for your complaint to be considered. 
• Don’t Be Intimidated: Don’t let the business intimidate you into accepting an unsatisfactory resolution. Know your rights and stand firm. 
• Don’t Let Emotions Take Over: Avoid letting personal feelings cloud your judgment. Focus on the facts and the legal aspects of the dispute.