Consumer Complaints and Some Useful Aspects
Jurisdiction depends on value of goods or services [S.34 of CPA, 2019] ; so if value of goods is below Rs. 50 lacs, then go to DCDRC.
Complaint can be filed where complainant resides [S.34(2)(d)]
If value of goods is less than Rs. 5 lacs then no fees for complaint. [ See R.7 of Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020]
If there is delay in filing reply by opposite party, invoke New India Assurance Co. Ltd v. Hilli Multipurpose Cold Storage Pvt Ltd [2020] GCtR 956 (SC) to contend that the case should proceed ex parte.
In a complaint, mention name and address of complainant/opposite party, facts, documents, relief. [ See R.12 of Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020]
4 copies of Appeal memo when filing appeal before SCDRC.
Complaint can be filed by agent or complainant himself.
Complaint has to be in writing [S.2(6) of CPA, 2019]
Admissibility of complaint by DCDRC to be decided in 21 days [S.36]
It is not necessary to examine parties or hearing [S.38]
Every e-commerce entity shall ensure that the grievance officer referred to in sub-rule (4) acknowledges the receipt of any consumer complaint within forty-eight hours. No e-commerce entity shall impose cancellation charges on consumers cancelling after confirming purchase unless similar charges are also borne by the e- commerce entity, if they cancel the purchase order unilaterally for any reason. No seller offering goods or services through a marketplace e-commerce entity shall refuse to take back goods, or withdraw or discontinue services purchased or agreed to be purchased, or refuse to refund consideration, if paid, if such goods or services are defective, deficient or spurious, or if the goods or services are not of the characteristics or features as advertised or as agreed to, or if such goods or services are delivered late from the stated delivery schedule [ Consumer Protection (E-Commerce) Rules, 2020.]
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