The Consumer Protection Act,2019 provides for efficient and effective settlement of consumer disputes while promoting the interest of the consumers. The introduction of online filing of complaints and meditation proceedings is a step towards speedy disposal of consumer cases and is a greater step towards digitization of consumer disputes.
Any allegation in writing, made by a complainant for obtaining relief provided under the act in case of unfair trade practices, defects in goods, deficiency in service, excess price of goods and services, selling of hazardous goods and product liability
A complaint can be filed in form of writing or online via govt. Provided portal @ https://consumerhelpline.gov.in/ or through mobile apps launched by the government of India like NCH app, Umang app or Consumer app.
The status of a complaint can be checked online and the fees for submission of the complaint can also be submitted through an online payment portal.
Issuance of notice:
It is recommended that a notification be sent to the opposing party before filing the complaint, outlining the defects/deficiencies in the products or services offered. If the parties are unable to reach an agreement, the complainant may submit a complaint with a jurisdiction authority/forum.
As per the CPA,2019 a complaint can be filed where the consumer resides or personally works for gains Aswell as the place where the opposite party resides or carry-on business. The complaint can also be filed where the cause of action, wholly or in part, arises.
A complaint can be submitted either online or in person. It might be submitted in person by the complainant or by his representative. It can also be sent by registered post with the court fee.
Three copies of the complaint are required to be submitted out of which one is retained for the official purpose, one is forwarded to the opposite party and one is for the complainant. If the number of opposing parties is increased, more copies of the complaint are necessary.
The complaint must be filed within two years of the date the cause of action arose. This would be two years from the day the deficit in service or defect in products was discovered. This is also known as the statute of limitations for filing a complaint under consumer court.
Appeal before state commission would have to be filed within 30 days from the order of District commission and appeal before National commission is to be made within 30 days from the order of the lower forum and for an appeal before Supreme court against the order of Nation commission is to be within 45 days.
Court Fees:
the court fees remain nil up to consideration of 5 lakh Rs involved before the district commission. In respect of state commission, the court fees range from 2,500 Rs to 6,000 Rs whereas court fees in the case of the national commission are 7,500 Rs.
In the event of an appeal before the State Commission or the National Commission, a deposit of 50% of the entire award amount passed by the lower commission is required.
With the advent of the procedure of mediation proceeding under CPA,2019. it is possible to resolve consumer issues more quickly. If the commission believes there is a prospect of resolving the issue between the parties, the case might be referred to the Mediation Cell or Either party may submit a formal request to the District, State, or National Commission