We are all consumers of goods and services in one way or the other.

The moment we take birth on this earth we

become consumers and are entitled to seek relief under the Consumer Protection Act. These days we see that
consumers are cheated and harassed in many ways. At times they are provided with inferior quality of goods, at
times with less quantity than actually demanded whereas at other times the consumer is charged with excess prices
than otherwise fixed for the commodity. The traders considers consumers as persons who are morons having paying
capacity and can try to deceive them in every possible way. Therefore there was a strong need felt to protect the
consumers.
Although we have some laws which protect the consumers to some extent which are listed as follows:

The Indian Contract Act, 1872

Sale of Goods Act, 1936

The Food Safety and Standards Act, 2006

Standards of Weights and Measures Act, 1976

The Dangerous Drugs Act, 1952

The Agricultural Produce ( Grading and Making) Act, 1937

The Indian Standards Institution (Certification Mark) Act , 1952 etcSee Indian Laws Bare Acts for all the
laws in India

But these laws involve the filing of a civil suit which is very expensive and time consuming and takes years in final
disposal of the case.
So a need was felt that a Special Act should be enacted for Consumers which will provide speedy and simple access
to justice for the Consumers. The legislature did not want the technicalities of law to be involved in an act which
provides relief to the Consumers. Therefore Consumer Protection Act, 1986 was passed keeping in view the need to
protect Consumers.
Now the question arises as to WHO CAN FILE A CONSUMER COMPLAINT?
The answer to this question is only a CONSUMER can file a complaint under the Act.
Now we first need to identify as to WHO IS A CONSUMER?
A person has to satisfy the following conditions in order to be a CONSUMER:

The person must have purchased goods for some value i.e. he must have paid money

A person who has not himself purchased the goods but who uses the goods with the approval of the buyer is
also a consumer

A person must not have bought goods for resale or commercial purpose. But a person buying goods for self
employment is a consumer.

Who file a Consumer Complaint in India ?

The Consumer Protection Act itself provides a list of persons who can file a complaint under the Act
which is described hereunder1.

Firstly a Consumer

2.

Secondly, Any voluntary Association Registered under the Companies Act, 1956, or under any other law for
the time being in force

3.

Thirdly the Central government or the State Government

4.

Fourthly one or more consumers, where there are numerous Consumers having the same interest.

Besides the above list the following can also FILE A CONSUMER COMPLAINT:
1.

Any person who is a beneficiary of the goods/services

2.

Legal representatives of deceased consumers

3.

Legal hers of the deceased consumer

4.

Husband of the consumer

5.

Relative of the consumer

Can I file a Consumer Complaint on my Own ?

Now since the legislature intended to make the process of filing complaint simple and easy, CAN THE
COMPLAINT BE FILED WITHOUT ENGAGING THE SERVICES OF ANY LAWYER?
The answer to this question is YES
You dont need to engage the services of any Advocate and can file your complaint of your own. The consumer
protection Act has provided a very simple procedure to file the complaint that even a layman who is not from the law
background, can file the complaint of its own.
Even there is no requirement of any court fee to be paid at the time of filing any complaint in the Act.
HOW TO FILE A CONSUMER COMPLIANT
Before formally filing a Consumer Complaint, it is desired that the Consumer gives notice to the opposite party of
the fact of any deficiency in service or of unfair trade practice etc to see if the trader is willing to make good the loss
suffered by either replacing the commodity or returning the value of the purchase. If yes, the issue resolves then and
there. But if the trader refuses or neglects here that the consumers needs to approach the Consumer Court.
STEP 1:

At first identify the Jurisdiction of the Forum where the complaint is to be filed. This issue needs to be

identified from two angles of jurisdiction i.e. Territorial and Pecuniary.

The Consumer has to take into consideration both the territorial and pecuniary jurisdiction of the tribunal in mind
before filing his complaint and has to choose the correct forum.
Territorial Jurisdiction of the Consumer Forums :A complaint shall be instituted in a District Forum or State Commission or National within the local limits of whose
jurisdiction,
a) the opposite party resides or caries on business or has a branch office or personally works for gain, or

b)

If there are more than one opposite aprty, then any one of the opposite parties resides, or carries on business or

has a branch office, or personally works for gain,

Provided that in such case the permission of either District Forum, State Commission or National Commission as
the case may be, or the opposite parties who do not reside in such place or carry on business or have a branch
office or personally works for gain as the case may be, must be obtained , or
c) the cause of action arose.

PECUNIARY JURISDICTION OF CONSUMER FORUMS

Sr No.

Forums

Amount

District Forum

Upto Rs. 20 Lakhs

State Commission

Rs. 20 Lakhs to Rs. 1 Crores

National Commission

Exceeding Rs. 1 Crores

Step 2:

You will be required to pay a prescribed fee along with your complaint before the District Forum, State

Commission & the National Commission as the case may be.

Step 3: Then you have to draft your complaint stating facts necessary to establish a cause of action.
Step 4: At the end of the complaint you have to put your signatures. In case any other person is authorised to file
the complaint then complaint has to be accompanied with authorisation letter.
Step 5:

Dont forget to mention the name, description and address of the complainant and the name, description,

address of the opposite party or parties against whom relief is claimed.

Step 6: Copies of all the documents supporting your allegations. In this you can put on record the copy of the bill
of the goods bought, warranty and guarantee documents and also a copy of the written complaint and notice made to
the trader requesting him to rectify the product.
Step 7:

You can also ask for compensation costs which should be specifically alleged in the complaint. Besides

compensation, a consumer can also ask for the refunds, damages, litigation costs, and interest amount. You must
give the breakup of amount claimed under different heads but do remember to claim compensation or other relief as
per the pecuniary value of the forums.
Step 8: Explain in your complaint as to how the case falls within the jurisdiction of this forum.
Step 9: Complaint must clearly state as to what relief is sought against the opposite party.
Step 10: The Act provides for limitation period of two years from the date of cause of action. In case there is delay in
filing the complaint, please explain the delay which can be can be condoned by the Tribunal.
Step 11: You are also required to file an affidavit along with the complaint that facts stated in the complaint are true
and correct.

Step 12: The complainant can present the complaint in person or by his/her authorised representative without
engaging any advocate. The complaint can be sent by registered post. A minimum of 5 copies of the complaint is to
be filed in the forum. Besides this you have to file additional copies for each opposite party.
Consumer needs to be more aware of the malpractices followed by the trader and should stand up for their rights.
With this article, an endeavour is made to educate the consumers to file their complaints and of taking action against
the Unscrupulous traders who thinks that consumers can do nothing if any wrong is caused to them. Let us be all
Vigilant of the quality and quantity of goods supplied to us by the traders.

CONSUEMRS BEWARE is the slogan of the day.

By Shweta Kaushik
Shweta is an Advocate and Consultant and presently working with Centre for Law, Justice & Governance,
Mahatma Gandhi State Institue of Public Administration, Punjab at Chandigarh