Who can file a Complaint?
a) Any consumer;
b) Any voluntary consumer association;
c) Central Government or any State Government;
d) One or more consumers, where there are numerous consumers having same interest
e) In case of death of a consumer, his legal heir or representative
Note: A beneficiary of goods/services when such use is made with the
approval of the person who purchased or availed goods and services.
When can complaint be made?
A complaint may be made in writing under the following circumstances:
1) loss or damage is caused to the consumer due to unfair or restrictive trade practice of a trader or service provider;
2) the article purchased by a consumer is defective;
3) the services availed of by a consumer suffer from any deficiency;
4) when a trader or service provider, as the case may be, has charged for the goods or for the service mentioned in the complaint a price in excess of the stipulated price;
5) Goods or services, which will be hazardous to life and safety, when used, are being offered for sale to the public
Where to file a Complaint?
As per the Consumer Protection Act, 1986 a complaint can be filed in:
a) District Consumer Disputes Redressal Forum (DCDRF): If the value of the
claim is upto Rupees 50 lakhs. With the recent amendment (2019), the nomenclature of DCDRF has changed to District Consumer Disputes Redressal Commission.
b) State Consumer Disputes Redressal Commission (SCDRC): If the value
of the claim exceeds Rupees 50 lakhs but is within Rupees two crores.
c) National Consumer Disputes Redressal Commission (NCDRC) If the
value of the claim exceeds Rupees two crores.
I. District Commission:
Each District has a District Commission consisting of three members. Out of the three, one is President, who is or has been or is qualified to be a District Judge. One of the members shall be a woman.
It entertains complaints where the value of claim is up to Rupees 50 Lakhs.
II State Commission:
• Each state has one State Commission.
• It consists of a President, who is or has been a Judge of a High Court and two other members, one of whom shall be a woman.
• Complaints can be filed in State Commission where the value of claim is above Rupees 50 Lakhs upto Rupees two(2) crores.
• Appeals against the Orders of the District Forums can also be filed in the State Commission.
III National Commission:
• The National Commission is located in Delhi.
• It consists of a President who is or has been a Judge of the Supreme Court and not less than four other members, one of whom shall be a woman.
• Complaints for value of claim exceeding rupees two (2) crores can be filed in the National Commission.
• It takes appeals against Orders passed by the State Commissions.
• The Orders of this Commission can only be challenged in the Supreme Court.