How to file Consumer Complaint in District Commission

How to file Consumer Complaint in District Commission

In this article, We discuss how to file the consumer complaint before the District Consumer Commission (DCDRC) This article focuses only on the matter at the district level. If any consumer is aggrieved due to the defective goods, deficiency in service, delay in service, or non-provision of service in a timely manner, this article explains the available remedies in detail.

This article mainly covers the misuse related to e-commerce websites, banks, property disputes, and defective products from shops. If the service provider fails to provide the satisfactory solution, this article explains what options are available to the consumer and whether the consumer can directly file the complaint.

This article also explains the fee structure for filing the complaint, the format of the consumer complaint, where the consumer can file the complaint in person before the District Commission, the complete process of filing the complaint and provides the proper PDF link related to the procedures.

 

Address of all District Commission and Mobile number are provided in this PDF Click Here

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FILING CONSUMER COMPLAINT PROCEDURES: HOW A CONSUMER CAN SEEK LEGAL REMEDIES AVAILABLE TO THE CONSUMER AT THE DISTRICT CONSUMER COMMISSION.

1. Introduction of consumer complaints at the district level.
2. Jurisdiction of the District Consumer Dispute Redressal Commission (DCDRC)
3. Who can file the consumer complaint?
4. Power of the District Consumer Commission (DCDRC)
5. Types of consumer problems/grievances
6. Format of Consumer Complaint.
7. Documents required for the complaint.
8. Mode of filing of the complaint
9. Hearing process before the District Consumer Commission.
10. Avoid common mistakes while filing the consumer complaint.

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Introduction of consumer complaints at the district level

• The consumer complaints at the district level are filed before the District Consumer Commission Redressal, which was established under the Consumer Protection Act 2019. The District Forum/Commission provides the accessible and cost-effective commission for the consumer to seek redress against the defective goods/products and non-compliance, deficiency in service by the service provider and non-compliance and unfair trade practices by the service provider.
• The consumer who has suffered the loss or harassment due to the acts or omissions of the seller, manufacturer or service provider can approach the District Commission (DCDRC) in its territorial and pecuniary jurisdiction. The procedure before the District Forum/Commission is very simple and consumer-friendly, allowing the consumers to file complaints even without engaging the advocate/lawyer. The objective of the District Forum/Commission is to ensure speedy justice and protect the consumer right at the grassroots level.

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Jurisdiction of the District Consumer Dispute Redressal Commission (DCDRC)

The District Commission is also called the District Forum, and the District Forum/Commission is the first level of the consumer court in India under the Consumer Protection Act, 2019. The main purpose of the District Commission is to provide a fast, simple, and inexpensive way for the consumers to resolve the complaints against the sellers, manufacturers, and service providers.

Territorial Jurisdiction 

The District Commission has the authority only within the district level where it is located. This means that the consumer can file the complaint only in the District Commission that covers where the respondent/opposite party (service provider, seller, or manufacturer) resides or conducts business, and this ensures the convenience for both the consumer and the opposite party/respondent

Pecuniary Jurisdiction (Monetary/Financial) 

The District Commission (DCDRC) can handle the complaint where the value of the goods or services in the dispute/problems does not exceed Rs50 Lakhs as per the Consumer Protection Act, 2019. This included the cost of the goods, services, or compensation claimed for the loss or injuries due to the defective goods or deficiency in service. If the value of goods or services exceeds Rs50 lakh but does not exceed Rs2 crore, the complaint must be filed before the State Commission (SCDRC).

Subject matter jurisdiction. 

The District Commission DCDRC can take up the complaint related to

• Defective goods are the products that are faulty, damaged or not of the promised quality.
• The delay, poor quality of the products, or non-performance by the service provider, such as a bank, hospital, or e-commerce platform.
• The misleading advertisement, unfair trade practice, or overcharging.
• compensation claim for the mental or financial loss caused by the defective products or deficient services.

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Who can file the consumer complaint

• Any consumer who purchased/buys the goods products or hires/avails the services for the consideration (promised, partly paid, paid, or deferred payment)
• Legal heir or representative of the consumer (deceased). In case of the consumer’s death, his/her legal heirs or representative can file the complaint.
•  More consumers (joint complaint), where multiple consumers have the same interest or grievance against the same party.
• Any registered consumer associates, whether the consumer is a member or not.
• Central or State Govt. in the interest of the consumers at the large,
• Complaint through the authorized person.  The consumer can file the complaint by duly authorized agent or advocate.

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Power of the District Consumer Commission (DCDRC)

The District Commission (DCDRC) has the authority to

• order for replacement of defective goods/products.
• Direct the opposite party/respondent to refund the money.
• Power to admit or reject the complaint. (The District Commission may admit the complaint or reject it after hearing the complainant.)
• issue a notice to the opposite party and pass a legally binding order.
• Power to call for the documents and evidence.
• power to order the testing of goods/products
• power to grant relief (Return of defect goods, replacement of goods, refund of paid money and impost cost for harassment)
• payment of compensation for the losses or mental harassment.
• discontinuation of unfair trade practices.
• Power to impose costs. (The District Commission may award litigation costs to the complainant.)
• Power to issue interim orders. (The forum/commission can pass interim order to protect the consumer interest during the pendency of the complaint.)
• Power to reviews its own orders (the District Commission has limited power to review its orders in case of an error apparent on the facts of the records)
• Power to Dismissed the complaint for Default (The District Commissioner may dismiss the complaint for non-appearance of the complainant.)
• Power to decide the jurisdiction issue (The District Commission can determine whether there is pecuniary and territorial jurisdiction.)

Consumers Can also read the Article on First Appeal to under stand the remedies available if the complaint is dismissed. Click Here 

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Types of consumer problems/grievances

These consumer grievances/problems can be challenged before the consumer at the district level, subject to its territorial and pecuniary jurisdiction.

1. Defective goods/products. When the goods have manufacturing defects, quality is not good.
2. Deficiency in service. When delay, negligence, or service is not properly given by the service provider (bank, Hospital, telecoms, insurance company, etc.)
3. Unfair Trade Practices. False promises given by the service provider, misleading offers, fake discounts or deceptive advertisements/sponsors
4. Delay in Delivery. Late delivery of the goods or delay in the completion of services.
5. Denial of the refund or replacement of the goods. Refusal to return money or replace defective goods.
6. E-commerce issues. when wrong or damaged product is delivered, there is non-delivery, fake reviews, poor customer support, excess amount charges, etc.
7. Banking and financial problems. Unauthorized transactions, wrongful charges by the bank, delays in loan disbursal, and hidden charges not disclosed while taking the loans.
8. Overcharging. When charging an amount more than the MRP or agreed price.
9. Insurance claim rejection. Unjustified or delayed rejection of the insurance claim amount.
10. Medical Negligence. if improper treatment by the doctor, a wrong diagnosis, or lack of due care by medical professionals.
11. Real estate/housing grievances/problems.  Delay in possession, poor construction quality, hidden charges, etc.
12. Warranty and guarantee problems. Failure to honor warranty or guarantee terms
13. Defective services by the utilities. Problems with the electricity, water, gas or internet services.
14. Hidden Charges. While. The extra amounts/charges are not disclosed at the time of purchase of the goods.

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Format of Consumer Complaint.

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION (DISTRICT__________STATE________)

Consumer Case No. ____________of 202X

IN THE MATTER OF:

Name of the Complainant _______                                                                                 …Complainant

Versus

Name of the Opposite Party_________                                                                           …..Opposite Party

Heading (CONSUMER COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT 2019) ON BEHALF OF THE COMPLAINANT

MOST RESPECTFULLY SHOWETH.

That the complainant is the consumer within the meaning of the Consumer Protection Act, 2019, and the opposite party/respondent is engaged in providing the goods/service for the consideration

That on Dated 15_____, The complainant has purchased the goods/avail the services from the opposite party/respondent for a consideration of Rs_________ vide invoice No. or Receipt No. ________

That the said goods or services suffer from a defect/deficiency in service, details of which are stated below. (write the issue in detail.)

That the opposite party/respondent approached the opposite party several times to resolve the problems/issue, but the respondent/opposite party failed to redress the grievance.

That due to the negligent act of the opposite party/respondent, the complainant has suffered financial loss and mental harassment.

That the cause of action arose on the date _____ and continues till the date.

This Honorable Forum/Commission has jurisdiction to entertain and decide the present complaint of the complainant.

That the Value of the goods or services and the compensation claimed is within the pecuniary jurisdiction of this Hon’ble Commission.

PRAYER 

In view of the above facts and circumstances the complainant most respectfully pray that this Hon’ble Commission may be please to.

A. Direct the respondent/opposite party to refund the amount of Rs. ______/replace the defective goods/removed the deficiency in service.

B. Award the Compensation amount of Rs_______for the mental agony and financial loss.

C. Award the litigation cost of Rs_______

D. Pass any other order as this Hon’ble Commission/forum may deem fit and proper in the interest of the Justice.

Place_______

Dated______

Signature of the Complainant

Note:- Support an affidavit with the complaint

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Documents required for the complaint.

• Copy of bill, invoice, receipts etc.
• copy of complaint/notice sent ot opposite party
• Relevant email, Messages or proof
• any other supporting document which is related to issue.

Note, Pagination Start from Index to last.  First Index, Format, Pleadings, Memo, List of dates, Consumer complaint, Bills, receipts, report, letter, Adhara card attached with the complaint 

PDF Format of Consumer Complaint Click Here 

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Mode of filing of the complaint

The Consumer complaint is mandatory for both online and physical filing through the e-jagriti portal. The Consumer must first file the complaint online through the e-jagriti portal. after online filing, the consumer should visit the registry of nearest District forum/commission which is situated in her/his district and submit one original set of the complaint along with 2 set photocopy and one additional set consumer should be keep for future reference.

The Consumer Should remember that online filing  is necessary to visit in e

jagriti protal, create profile, click on file new case and enter all the required details in the prescribed form and all document must be uploaded separately, such as index, consumer complaint, affidavit, and supporting documents/bill and each documents should be uploaded individually on the e-jagriti portal. Therefore, before filing online, the consumer must properly prepare the complaint as per the prescribed PDF format of the consumer complaint draft and file it before the consumer forum/commission.

After successful filing, the case will be listed before the Consumer Commission within one to two weeks and the consumer must be present before the Commission at the time of admission hearing.

See the entire PDF on how to file online case step by step in e-jagriti portal  Click Here

Consumer should also understand the Consumer Complaint redressal System Click Here 

For more information visit Home Click Here 

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Disclaimer

This content is for general legal awareness and informational purposes only. It does not constitute legal advice. readers are advised to verify the information and consult a qualified legal advocate/lawyer before taking any action.