Want To File E-Commerce Consumer Complaint? Know in Detail

Consumer complaints are present wherever there are consumers. In India, millions of consumers use a wide range of products and services, from essentials like food and drink to opulent luxuries like five-star hotels, resorts, and vacations. The Consumer Protection Act of 2019 was enacted to protect these customers' interests and offer a practical solution to their problems.

At some point in our life, whether it was for a vacation across town or for any other purpose, we have all used hospitality services from a hotel, resort, homestay, or inn.

But over the past few years, numerous consumer complaints against this service-providing sector have surfaced in India, as is unavoidable in any quickly developing company. To the relief and happiness of the consumers, the process of submitting a consumer complaint has been greatly streamlined and made very simple.

What is an E-Commerce Consumer Complaint?

Any rightful customer can easily file a complaint against the responsible service provider because a consumer complaint is "a declaration of displeasure on behalf of a consumer to a responsible party."

Customers have the right to raise complaints and seek redress in a consumer court or other forum if a company does not offer dependable service or useful items. You may be able to seek legal redress if a service provider rendered subpar service by filing an E-Commerce consumer complaint.

An E-Commerce "consumer complaint" is a formal grievance against a seller or service provider that is filed in the proper consumer forum, which is the consumer court.

The customer complaint contains details about the subpar service, the compensation received for the solutions you're seeking and any supporting paperwork. India's consumer courts are recognised for providing timely and effective legal assistance since they are unique from other courts and were designed exclusively to provide relief to consumers.

Who Can File A Consumer Complaint?

The following individuals or groups are eligible to file a complaint for redress in the consumer forums:

• Consumer 

• Voluntary Consumer Association 

• State or Central Government. 

• Group of consumers having the same interest.

It should be made clear that no complaint can be filed against a consumer on behalf of the general public, which includes unnamed consumers, or by a body that is not officially sanctioned by the Companies Act or other applicable regulations.

The Process of Filing a Consumer Complaint

Legal Notice

Before formally bringing a lawsuit in court, the first step in any type of consumer complaint is to send a legal notice to the alleged offender. Every party who has been harmed is required to give legal notice to the accused party regarding a service flaw and/or unethical business practices. A legal notice is issued to the accused to see if they are willing to admit guilt and offer to pay compensation for the victim's wrongful loss.

If the defendant fails to respond to the legal notice within 30 days or flagrantly disregards to comply with the respective requirements stated in the notice by the affected party, the victim party has the total right to seek redress through the proper consumer commission or court.

Finding the Jurisdiction of the Court

When the accused doesn't respond to the legal notice, the consumer must first determine the legitimacy of the forum where the complaint must be filed. The complaint must take into account the tribunal's financial and geographic jurisdiction. Financial jurisdictions of up to Rs 10 million, Rs 10 million to Rs 100 million, and moreover Rs 100 million are assigned to the District, State, and National Commissions, respectively.

If the accused owns a residence, a business, or a branch office, the accused must be situated within the local limits of the District, State, or National Commission that has jurisdiction over him or her. 

If there are multiple accusers, any of them may be subject to court jurisdiction. 

It may also serve as the location of the "Cause of Action."

Consumer Court Fee

Next, the complainant must submit the complaint and a normal fee to the District, State, or National Commission, as applicable.

Complaint Details & Supporting Documents

The complainant must carefully draught the consumer complaint and include his attestation, signature, and other necessary supporting documentation. Names, addresses, and descriptions of the complainant and the individuals accused against whom the remedy is sought in court must be included in the complaint. If the complainant authorised someone else to file the complaint, a valid letter of delegation from the complainant must be included with the complaint.

The complaint shall be accompanied by a copy of the invoice for the goods or services purchased from the accused, any records relating to a warranty or guarantee of the goods or services, a copy of the letter of complaint, and a copy of the legal notice delivered to the accused requesting that redress be sought.

Last but not least, the complainant is required to provide an affidavit together with the complaint declaring that, in his opinion, the details mentioned and the supporting documentation are accurate. A minimum of five copies of the complaint must be filed in the forum, along with supplementary copies for each party that will be held accountable.

Compensation Sought

The complainant must expressly state in the consumer complaint what kind of relief or payment they are demanding from the respondent. The amount of any compensation or losses the complainant may have incurred must be expressly stated in the consumer complaint.

Along with payment for the goods or services they received, consumers also have the right to ask for reimbursement for any harm the product may have caused, court expenses, and additional interest. The amount of compensation sought in each of the several sections must be fully described in the complaint.

Limitation Period and Delay

Only after two years have passed after the cause of action initially arose can the complainant launch a lawsuit. Additionally, the State Commission must receive an appeal within 45 days of the District Commission's order. An appeal to the National Commission must be filed within 30 days after getting the lower court's ruling.

When there is a delay in making the complaint, it is primarily the complainant's responsibility to satisfy the Tribunal by providing an explanation. It can only be justified if the Tribunal concurs that the cause of the delay was legitimate and not malicious.

Final Filing

A customer complaint may be individually handled by the complainant, her/his authorised representative, or her/his attorney.

The complainant has the choice to send their complaint by registered mail; the receipts from that method should be saved for future reference. The option of submitting a complaint online, which saves time for the consumer, is also available. The cost of the complaint must be submitted using the available online payment gateway.

Conclusion

The complaint-filing and dispute-resolution procedures for consumer complaints are made to swiftly protect the rights of customers and deter unethical company practices. The government has made great strides towards quickly resolving customer complaints by implementing an online complaint form. The online method can be regarded as one of the easiest and most helpful processes, particularly during a pandemic. Saving customers from tedious and time-consuming procedures will benefit them more in the long run. You can consult the Online Legal India experts to learn more about this.