Filing a Consumer Complaint in the National Consumer Disputes Redressal Commission (NCDRC): A Comprehensive Guide

If you are a consumer and have faced issues related to defective goods or deficient services, and the value of the goods or services involved exceeds ₹2 crore, you may file a complaint before the National Consumer Disputes Redressal Commission (NCDRC). According to Section 58(1)(a)(i) of the Consumer Protection Act, 2019, any consumer complaint where the value of the goods or services exceeds ₹2 crore can be filed directly with the NCDRC.

However, it is essential to comply with the two-year limitation period, starting from the date when the cause of action arises. This means that the complaint must be filed within two years from the date the issue (e.g., defect in goods, deficiency in service) was first noticed or occurred.

To ensure that your complaint is processed efficiently, there are certain procedural guidelines to follow when submitting your case. Below is a detailed explanation of how to properly file your consumer complaint with the NCDRC, based on the procedural requirements as per the Consumer Protection Act, 2019 and the Notification dated 30th December, 2021.

Step-by-Step Process for Filing a Complaint

1. Preparation of Documents and Pagination

• Your complaint must include the following documents, all of which should be paginated in a continuous manner using only running numerical numbers (no alphabets). The pagination should start from the index page itself.

2. Detailed Index (Page Nos. 1-3):

The first section of your complaint should include a detailed index of all documents attached. The pages should be numbered sequentially starting from the index.

Example:

• Page 1-3: Index [List of all documents in order of submission]

3. Proforma for Filing Consumer Complaint:

This is a standard template form that needs to be filled out while filing the complaint with the NCDRC. It should contain personal details of the complainant (consumer) and the opposite party (seller or service provider). This document should be paginated after the index.

4. Synopsis with List of Dates and Events:

This document should summarize the key facts of the case, presenting them in a chronological order. It should include a list of dates and events that led to the consumer’s grievance. For example, the date of purchase, when the defect was discovered, when complaints were made, and when any resolutions were attempted.

5. Memo of Parties (Page Nos. As Required):

The Memo of Parties must list the full names and addresses of both the complainant and the opposite party. This includes contact information like:

• Mobile numbers
• Telephone numbers
• Email addresses It is also mandatory to include the names and contact details of the counsel representing both parties. This will assist the forum in properly addressing all involved parties.

6. Consumer Complaint with Notarized Affidavit:

The Consumer Complaint should clearly state the facts of the case, explaining why the complainant believes they are entitled to redressal. This should include:

• A detailed explanation of the defect or deficiency in goods or services.
• Reference to any contractual obligations or warranties.
• The relief or compensation being sought.

The complaint must be accompanied by a notarized affidavit, which verifies that all the information provided in the complaint is true and accurate.

7. Annexures (Supporting Documents):

The annexures must include all the supporting documents that substantiate your case. Each annexure must be properly attested as True Copy on the last page. Some essential documents you might need include:

• Proof of Payments: Copies of receipts, bank statements, or vouchers that demonstrate the amount paid for the goods or services.
• Calculation Sheet of Payments: If your complaint involves a payment schedule, provide a detailed sheet calculating the total amount paid, the outstanding balance (if any), and any other relevant payment details.
• Additional Supporting Documents: This could include communication records (emails, letters, etc.) with the service provider or seller, warranty certificates, photographs or videos of defective products, etc.

8. Application for Condonation of Delay (if applicable):

If your complaint is being filed beyond the two-year limitation period, you must submit an application for condonation of delay. This application should:

• Be supported by a notarized affidavit explaining why the complaint was filed late.
• Justify the reasons for the delay in filing the complaint beyond the prescribed limitation period.

9. Other Applications (if any):

If there are any other applications related to the case (e.g., seeking an interim order or stay), these should also be included. Each of these applications should be supported by a notarized affidavit.

Final Submission

Once all documents are prepared and correctly paginated, the Consumer Complaint along with the annexures, applications, and affidavits should be submitted to the National Consumer Disputes Redressal Commission (NCDRC). Ensure that the complaint is filed within the specified time limit (two years from the cause of action), or submit an application for condonation of delay if necessary.

By following the correct procedures and ensuring that all documentation is in order, you can effectively present your case before the NCDRC and seek justice under the Consumer Protection Act, 2019.

Conclusion

The Consumer Protection Act, 2019, provides a robust mechanism for consumers to seek redressal in cases of unfair trade practices, defective products, or deficient services. Filing a complaint in the National Consumer Disputes Redressal Commission (NCDRC) is the appropriate course of action for complaints where the value of the goods or services exceeds ₹2 crore. Ensuring proper documentation, timely filing, and adherence to the procedural requirements will help ensure that your complaint is processed smoothly.

If you require legal assistance to navigate the process, Legal Light Consulting offers expert guidance and representation in consumer protection cases. They can help you understand your rights, file the complaint correctly, and represent you at the NCDRC.