On what grounds can a consumer file a complaint?
Before we understand how can we file a complaint as a consumer, let us get to know as to “who can be defined as a consumer" and "what can be the sufficient grounds that call for a complaint?”
As per the Consumer Protection Act (COPRA) 1986 a Consumer is defined as “a person who buys a product or a service for a consideration." The payment of the same could have been made or promised as a payment, partly paid, or partly promised or even an installment based/deferred payment.
It is very important to note that the Consumer will have any rights only if he has paid or agreed to pay as per any of the above mentioned methods and not if he has been provided such product or service free of cost.
For the sake of clarification the person can be an i) Individual ii) a firm whether registered or not iii) Hindu Undivided family iv) a cooperative society or iv) every other association of people whether they are registered under the societies registration act of 1860 or not.
All the same it is to be noted that the purpose for which the product or service has been bought or subscribed should not be a commercial purpose. However, if the person or society or body who has bought it or availed services for has done it exclusively for the purposes of earning his livelihood or his self employment, then it is not determined as a commercial purpose.
Having defined and understood as to who would fall under the the purview Consumer; following are some of the circumstances where the customer/consumer can exercise his rights and press for complaints; viz; i) Product Defect when bought ii) Deficiency of a service when subscribed iii) Professional negligence in case of a Service.
Once it has been established that a person is a consumer for a product or a service; then following is the process to be followed by a consumer to file a complaint in a consumer forum.
First the consumer should notify in writing, to the product vendor/manufacturer or the service provider clearly stating the defects in the product and/or the deficiency in the service. The consumer should support his claim with a copy of the product purchase bill/ service subscription bill with the necessary warranty cards etc. By way of this notice the consumer can and should demand a repair or replacement of the product or rectification of the service deficiency as the case may be within a stipulated time.
The consumer here is advised to always maintain and have a record of the communication that he has with the product vendor or the service provider and effect the communication through a Under postal Certificate, speed post, or even registered post. Even in case the Vendor or Service Provider does not accept the notice, the proof of the communication sent can be treated as an evidence in a court under Sec 28(A).
All these are attempts on behalf of the consumer to highlight to the product vendor or the service provider the defect or deficiency in such products or service to be resolved amicably without approaching the legal course of action.
If upon notifying such problem or defect to the product vendor or service provider the latter does not rectify the same, then there are sufficient grounds for the consumer to file a complaint against the latter.
The Consumer Protection Act, 1986 makes provision for the payment of compensation to the consumer for the loss he suffers due to the negligence of the Opposite party (Product vendor or service provider who has supplied the product or agreed to supply or who has rendered the service or has agreed to render the service.)
In India that we have a three tier Consumer Courts as
i) District Consumer Forum
ii) State Consumer Forum
iii) National Consumer Forum
In our next article we will highlight how and under what circumstances can a consumer approach each of these authorities for the redressal of his grievances.
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