Manner in Which a Complaint Shall Be Made under the Consumer Protection Act, 2019

The Consumer Protection Act, 2019 provides a robust framework for addressing grievances related to defective goods, deficient services, and unfair trade practices. One of the key provisions of the Act is the process for filing complaints, which is aimed at providing an accessible, efficient, and cost-effective mechanism for consumers to seek redress.

1. Who Can File a Complaint?

According to Section 35 of the Consumer Protection Act, complaints may be filed with the District Forum by the following parties:

• (a) The Consumer:
  The consumer who has purchased goods or services, or whose rights as a consumer have been violated, can directly file a complaint. This includes anyone who has purchased or agreed to purchase goods or services from a seller or service provider, and has experienced issues such as defects in the product or deficiencies in service.
• (b) Recognized Consumer Association:
  A recognized consumer association can file a complaint even if the consumer affected is not a member of that association. This is beneficial in cases where a large group of consumers is affected, and the association is acting on behalf of these consumers. A recognized consumer association is a voluntary body registered under the Companies Act, 1956 or other relevant laws.
• (c) Multiple Consumers with Same Interest:
  If there are multiple consumers with the same or similar complaints, a complaint can be filed on their behalf with the permission of the District Forum. This provision ensures that where numerous consumers face the same issue with a particular product or service, they can file a collective complaint and pursue redress together.
• (d) Central or State Government:
  The Central Government or the State Government, either individually or as a representative of the interests of consumers in general, can also file a complaint. This is important when there are widespread issues affecting public interest or a large number of consumers across the nation or within a state.

2. Fee and Filing Procedure

Every complaint filed with the District Forum must be accompanied by a prescribed filing fee, which is determined by the Central Government or State Government. The fee must be paid in the manner prescribed by the relevant rules under the Act.

3. Admissibility of the Complaint

Once the complaint is filed, the District Forum reviews it and determines whether the complaint should be allowed to proceed or if it should be rejected. As per the law:

• Opportunity to be Heard: Before rejecting any complaint, the complainant must be given an opportunity to be heard, ensuring that the decision is fair and transparent.
• Decision on Admissibility: The District Forum is required to decide on the admissibility of the complaint within 21 days from the date it is received. This ensures that the process is timely, and consumers do not face unnecessary delays in having their issues addressed.

4. Proceeding with the Complaint

If the District Forum decides to admit the complaint, it proceeds with the case under the provisions laid out in the Consumer Protection Act, 2019. Importantly:

• No Transfer to Other Courts or Tribunals: Once the complaint is admitted by the District Forum, it cannot be transferred to any other court, tribunal, or authority established under any other law. This ensures that the consumer’s case remains under the jurisdiction of the appropriate forum.

5. Recognition of Consumer Associations

A recognized consumer association plays a critical role in representing consumers’ interests, especially in cases where multiple consumers are affected. Such associations must be registered under the Companies Act, 1956 or another relevant law and must act in good faith on behalf of the affected consumers. These associations are empowered to file complaints on behalf of a large number of consumers or to address widespread issues affecting public welfare.

6. Conclusion

The Consumer Protection Act, 2019 ensures that consumers have easy access to a fair redressal system. Whether it is an individual consumer, a consumer association, or even a government body, the law provides multiple avenues to bring complaints before the District Forum. The process is designed to be quick, transparent, and accessible, making it easier for consumers to seek justice in cases of defective goods, poor services, or unfair trade practices.

If you are facing any consumer-related issues and need assistance with filing a complaint or sending a legal notice, Legal Light Consulting can help. Our expert team will guide you through the process and ensure your case is handled efficiently and effectively.

Contact Legal Light Consulting for expert advice on filing consumer cases, sending legal notices, and ensuring your consumer rights are upheld.