Consumer Complaints
The Consumer Protection Act 2019 (amended) in India is a crucial legislation that aims to safeguard the rights and interests of consumers. It provides a strong framework to address issues related to unfair trade practices, misleading advertisements, and the provision of substandard goods and services. Under this act, consumers have the right to seek compensation for any harm or loss caused by defective products or deficient services. Additionally, it establishes consumer forums at different levels to ensure accessible and effective redressal mechanisms. These forums have the authority to adjudicate on consumer complaints, impose penalties on erring businesses, and provide remedies to affected consumers. The Consumer Protection Act in India plays a vital role in promoting fair trade practices, empowering consumers, and enhancing consumer welfare.
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Jurisdiction of National Commission:
If consideration for goods/ services/ contract exceeds rupees ten crore.
Appeals against the orders of any State Commission.
Appeals against the orders of the Central Authority.
Jurisdiction of State Commission:
If consideration for goods/ services/ contract exceeds rupees one crore but less than ten crore.
Appeals against the orders of any District Commission within state.
Jurisdiction of National Commission:
If consideration for goods/ services/ contract does not exceeds rupees one crore.
Procedure before District Commission:
Complaint to District Commission in prescribed manner.
Payment of prescribed Fee
Admissibility of complaint to be decided within 21 Days of filing complaint.
If undecided in 21 days, deemed Admitted.
District Commission may direct the matter for mediation within 5 Days of first hearing.
If agreed by the parties, DC may direct the dispute to mediation within 5 Days from the consent of the parties.
On admission of complaint/ non settlement of the dispute referred for mediation, The district commission shall:
Refer copy of complaint to opposite party, within 21 days of admission of complaint.
Opposite party to give his version of the case within a period of 30 days (additional extended period of 15 days)
Appropriate Tests/ Analysis may be conducted ( if alleged defects requires so).
Expenses incurred on Test/ Analysis to be remitted by the complainant.
Failing which, case may be decided "Ex-Parte" or
May decide "on merits" if complainant fails to appear.
District Commission to decide the case within 3 Months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within 5 Months if it requires analysis or testing of commodities.
Every complaint shall be heard by the District Commission on the basis of affidavit and documentary evidence placed on record.
Review:
The District Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.
On application or its own motion
Within 30 days from the date of order
Appeal:
Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of forty-five days from the date of the order.
To State Commission
Within in a period of 45 Days from the order
To be disposed of within a period of 90 days from the date of its admission.
Procedure before State Commission: (same as District Commission)
Complaint to State Commission in prescribed manner.
Payment of prescribed Fee
Admissibility of complaint to be decided within 21 Days of filing complaint.
If undecided in 21 days, deemed Admitted.
State Commission may direct the matter for mediation within 5 Days of first hearing.
If agreed by the parties, SC may direct the dispute to mediation within 5 Days from the consent of the parties.
On admission of complaint/ non settlement of the dispute referred for mediation, The State commission shall:
Refer copy of complaint to opposite party, within 21 days of admission of complaint.
Opposite party to give his version of the case within a period of 30 days (additional extended period of 15 days)
Appropriate Tests/ Analysis may be conducted ( if alleged defects requires so).
Expenses incurred on Test/ Analysis to be remitted by the complainant.
Failing which, case may be decided "Ex-Parte" or
May decide "on merits" if complainant fails to appear.
State Commission to decide the case within 3 Months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within 5 Months if it requires analysis or testing of commodities.
Every complaint shall be heard by the State Commission on the basis of affidavit and documentary evidence placed on record.
Review:
The State Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.
On application or its own motion
Within 30 days from the date of order
Appeal:
Any person aggrieved by an order made by the State Commission may prefer an appeal against such order to the National Commission within a period of thirty days from the date of the order.
To National Commission
Within in a period of 30 Days from the order
To be disposed of within a period of 90 days from the date of its admission.
Procedure before National Commission: (same as District Commission)
Complaint to National Commission in prescribed manner.
Payment of prescribed Fee
Admissibility of complaint to be decided within 21 Days of filing complaint.
If undecided in 21 days, deemed Admitted.
National Commission may direct the matter for mediation within 5 Days of first hearing.
If agreed by the parties, NC may direct the dispute to mediation within 5 Days from the consent of the parties.
On admission of complaint/ non settlement of the dispute referred for mediation, The National commission shall:
Refer copy of complaint to opposite party, within 21 days of admission of complaint.
Opposite party to give his version of the case within a period of 30 days (additional extended period of 15 days)
Appropriate Tests/ Analysis may be conducted ( if alleged defects requires so).
Expenses incurred on Test/ Analysis to be remitted by the complainant.
Failing which, case may be decided "Ex-Parte" or
May decide "on merits" if complainant fails to appear.
National Commission to decide the case within 3 Months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within 5 Months if it requires analysis or testing of commodities.
Every complaint shall be heard by the National Commission on the basis of affidavit and documentary evidence placed on record.
Review:
The National Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.
On application or its own motion
Within 30 days from the date of order
Appeal:
Any person, aggrieved by an order made by the National Commission may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order
To Supreme Commission
Within in a period of 30 Days from the order