Answer By law4u team
The National Consumer Disputes Redressal Commission (NCDRC) is the apex quasi-judicial body in India for consumer disputes, operating under the Consumer Protection Act, 2019. It hears cases where the value of goods or services and compensation claimed exceeds ₹2 crores. Consumers can approach the NCDRC directly or after appealing from lower forums. Understanding the correct procedures and legal requirements is essential to seek justice effectively.
Procedures for Filing Complaints in the National Consumer Commission
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1. Determine Jurisdiction
The NCDRC only entertains original complaints where the claim amount exceeds ₹2 crores or appeals against decisions of State Commissions. Ensure your complaint falls within these pecuniary and territorial limits.
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2. Prepare the Complaint Document
The complaint should clearly state the name, address, and contact details of both the complainant and the opposite party. It must describe the product or service involved, the transaction details, and the nature of the grievance. Include evidence like bills, receipts, warranty cards, or communication records. Specify the relief sought, such as refund, compensation, replacement, penalty, or any other remedy.
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3. Attach Supporting Documents
Submit all relevant documents including invoices, purchase orders, agreements, written communications (emails, letters, chat messages), legal notices (if sent), and an affidavit verifying the truth of the complaint’s contents.
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4. Pay the Prescribed Fees
A fee must be paid according to the value of the claim. For complaints exceeding ₹2 crores, the fee is ₹7,500. Fees can be paid via demand draft or online through the official NCDRC portal. Check the portal regularly for the latest fee structure.
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5. Choose Mode of Filing
You can file the complaint offline by submitting it in person or by post to the Registrar at the NCDRC office in New Delhi. Alternatively, complaints can be filed online using the E-Daakhil portal (https://edaakhil.nic.in), where you can also upload documents, track your case, and receive notices digitally.
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6. Admission and Hearing
Upon filing, the Commission scrutinizes the complaint and if found in order, admits it. Notices are sent to the opposite party for response. Hearings are scheduled where parties present evidence and arguments. Lawyers can represent complainants or parties can appear themselves.
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7. Decision and Relief
If the complaint is upheld, the Commission can order remedies like refund, replacement of goods, compensation for damages or mental agony, imposition of penalties, or any other suitable relief.
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8. Appeals
Orders from the NCDRC can be appealed in the Supreme Court of India within 30 days of the decision.
Consumer Responsibilities Before Filing
Consumers should attempt resolution through direct communication or customer service before filing complaints. Sending a legal notice to the opposite party is recommended though not mandatory. Maintain copies of all documents and ensure that all facts presented are true and backed by evidence.
Example
Scenario:
A consumer purchases an air conditioner worth ₹3.5 crores for a commercial project. The product is defective, and repeated requests to the company for repair or replacement are ignored.
Steps the consumer should take:
- Send a legal notice to the company demanding resolution.
- Collect all proofs such as invoice, installation photos, emails, and service reports.
- Draft a formal complaint with detailed facts and the relief sought.
- File the complaint via the E-Daakhil portal or by physically submitting it to the NCDRC office.
- Pay the required fee of ₹7,500.
- Attend hearings personally or appoint a lawyer.
- Enforce the Commission’s order if the complaint is successful.
- If unsatisfied with the outcome, file an appeal in the Supreme Court within 30 days.
