Question 1

How do I register a consumer complaint online?

Accepted Answer

Here’s how you can register a complaint online:

Visit the E-Daakhil portal at edaakhil.nic.in.
Register with your details, log in, and draft your complaint.
Upload supporting documents and pay the nominal fee online.
After submission, you'll receive a unique reference number to track your complaint status.

Question 2

What is the fee for filing a complaint in the consumer court?

Accepted Answer

The fee for filing a complaint in consumer court depends on the value of the claim:
District Commission:

Up to Rs. 5 Lakh: No fee.
Above Rs. 5 Lakh and up to Rs. 10 Lakh: Rs. 200-500.
Above Rs. 10 Lakh and up to Rs. 20 Lakh: Rs. 400.

State Commission:

Above Rs. 20 Lakh and up to Rs. 50 Lakh: Rs. 1000.
Above Rs. 50 Lakh and up to Rs. 1 Crore: Rs. 2000.

National Commission:

Above ₹1 crore and up to ₹2 crore: ₹2500. 
Above ₹2 crore and up to ₹5 crore: ₹5000. 
Above ₹5 crore and up to ₹10 crore: ₹6000. 
Above ₹10 crore: ₹7500.

It is advisable to consult the latest fee schedule for precise figures.

Question 3

Can a complaint be filed without a lawyer?

Accepted Answer

You are not required to hire a lawyer to file a consumer complaint. The Consumer Protection Act, 2019, allows you to represent yourself in consumer courts. However, for cases involving complex legal issues, substantial claims, or where court representation is anticipated, engaging a lawyer can provide valuable guidance and representation.

Question 4

How long does a consumer case take to resolve?

Accepted Answer

The resolution time for a consumer case varies based on its complexity and the platform used for redressal.

Simple cases filed through the National Consumer Helpline (NCH) may be resolved within 15-30 days.
Cases escalated to Consumer Commissions via E-Daakhil typically take between 3-6 months.
More complex cases, especially those at the National Commission level, might extend to 6-12 months or longer, depending on the volume of documentation and arguments.

Question 5

Is it mandatory to send a legal notice before filing a complaint?

Accepted Answer

No, sending a legal notice is generally not mandatory before filing a consumer complaint. However, it is highly recommended as a preliminary step. A legal notice provides the opposing party an opportunity to resolve the dispute amicably without formal litigation. This can often lead to an early resolution, thereby avoiding unnecessary court proceedings and saving time and resources for both parties.

Question 6

What documents are needed for a consumer complaint form?

Accepted Answer

Essential documents are required to support a consumer complaint. These include proof of purchase, such as receipts, invoices, bills, or warranty cards. Any communication records, including emails or messages with the seller, are also important. If applicable, photographs or video evidence of defects or deficiencies should be provided. Service agreements or contracts, along with a copy of any legal notice previously sent, are also crucial. A Memo of Parties, detailing all involved individuals and entities, is also necessary.

Question 7

What is the difference between a consumer forum and a consumer court?

Accepted Answer

"Consumer forums" are quasi-judicial bodies specifically established under the Consumer Protection Act to resolve consumer disputes at the District, State, and National levels. They possess limited judicial powers focused on consumer-related grievances. "Consumer courts," in a broader sense, refer to the general judicial system that handles consumer matters, which can include District Courts, High Courts, and the Supreme Court.

Question 8

What is the E-Daakhil portal?

Accepted Answer

The E-Daakhil portal is an online platform launched by the National Consumer Disputes Redressal Commission (NCDRC). Its primary purpose is to streamline the consumer grievance redressal process for convenient complaint filing, document upload, and status tracking of their cases online. This digital initiative eliminates the need for physical visits to consumer courts, saving considerable time and effort for complainants.

Question 9

Where should I file a complaint if the company’s office is in a different city?

Accepted Answer

If a company's office is in another city, a complaint can be filed in the Consumer Commission where the opposing party (the company) resides or carries on business. Alternatively, it can be filed where the company has a branch office or where the cause of action (the dispute) arose, either wholly or in part. Consumers also have the option to file the complaint in a forum where they, the complainant, reside or work for gain.

Question 10

What if a physical bill or invoice for a purchase is unavailable?

Accepted Answer

While a physical bill is ideal, other forms of proof of purchase are often accepted if a physical bill or invoice is unavailable. This can include digital receipts, bank statements showing the transaction, warranty cards, or even email or WhatsApp conversations that confirm the purchase and its terms.

Question 11

Are WhatsApp chats, emails, and call recordings accepted as evidence?

Accepted Answer

Yes, WhatsApp chats, emails, and call recordings are generally accepted as electronic evidence in Indian courts, including consumer courts. These digital communications are recognized as "electronic records" under the Indian Evidence Act.
For their admissibility, certain conditions must typically be met: the messages should have reached their intended recipient, the electronic device used should have been in regular use, and the data presented in court should accurately match the original electronic record. A certificate under Section 65B of the Evidence Act may also be required for electronic records to be formally admitted.

Question 12

What kind of compensation can be claimed from the consumer court?

Accepted Answer

Consumers can claim various types of compensation from the consumer court. Compensatory damages are awarded to cover the actual loss or injury suffered, such as the cost of a defective product, medical expenses incurred due to a faulty service, or other financial losses. This can also include a refund of the amount paid or a replacement of the defective goods.
In severe cases involving reckless or malicious conduct by the opposing party, punitive damages may be awarded.

Question 13

Can a complaint be filed against an online shopping website like Amazon, Flipkart, or Myntra?

Accepted Answer

Yes, a complaint can be filed against online shopping websites such as Amazon, Flipkart, or Myntra. The Consumer Protection Act, 2019, explicitly extends its coverage to online transactions. Consumers can file complaints against e-commerce platforms for issues including defective products, deficient services, misleading advertisements, or unfair trade practices. The process for filing such a complaint is generally the same as for offline businesses, often utilizing the E-Daakhil portal for convenience.

Question 14

Can a complaint be filed against a bank or an insurance company?

Accepted Answer

Yes, complaints can be filed against banks and insurance companies. These entities fall under the purview of "services" as defined by the Consumer Protection Act.

Question 15

Are builders and real estate projects covered under the Consumer Protection Act?

Accepted Answer

Yes, homebuyers are explicitly considered "consumers" under the Consumer Protection Act, 2019. Complaints can be filed against builders for deficiency in service or unfair trade practices, including construction delays, faulty construction, or failure to deliver promised amenities.

Question 16

Can a complaint be filed for medical negligence?

Accepted Answer

Yes, medical negligence is recognized as a "deficiency in service" under the Consumer Protection Act. Patients who suffer harm due to a medical professional's failure to provide the expected standard of care can file a complaint. This includes instances of misdiagnosis, surgical errors, administration of wrong medication, or inadequate post-operative care.

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