What Is the Procedure for Filing a Complaint in the State Consumer Commission?

Filing a complaint with the State Consumer Commission involves a structured process designed to help consumers resolve disputes related to defective products, poor services, or unfair trade practices. Here's the step-by-step procedure to follow when filing a complaint:

1. Determine the Jurisdiction

• Before filing a complaint with the State Consumer Commission, ensure that:
  • The monetary value of the claim exceeds ₹20 lakh but does not exceed ₹1 crore. If the claim is less than ₹20 lakh, it must be filed at the District Consumer Forum.
  • The dispute pertains to consumer rights violations, such as defective goods, deficient services, or unfair trade practices that fall under the Consumer Protection Act.

2. Prepare the Complaint

• Draft the Complaint: The complaint should be in writing and must include the following details:
  • Consumer’s Details: Full name, address, and contact information.
  • Opposite Party’s Details: The details of the seller, manufacturer, service provider, or other party you are filing the complaint against.
  • Facts of the Case: A clear and concise description of the issue, including the date of the incident, product/service involved, and the harm or loss caused.
  • Relief Sought: Specify the compensation, redress, or remedy you are seeking (e.g., refund, replacement, or compensation for damages).

3. Attach Necessary Documents

• Along with the complaint, attach the following evidence:
  • Proof of Purchase: Invoice, receipt, or any document showing the transaction between you and the opposite party.
  • Medical Records or Reports: If the complaint involves injury or health issues due to the product/service.
  • Communication Records: Copies of any communication with the seller or manufacturer (emails, letters, etc.).
  • Product or Service Details: Any documents related to the defective product or unsatisfactory service, such as warranty cards, service agreements, etc.
  • Photographs or Videos: If relevant, include visual evidence showing the defect, damage, or injury caused.

4. Submit the Complaint

• File the Complaint at the State Consumer Commission: The complaint should be submitted to the appropriate State Consumer Commission for your jurisdiction. Most state commissions have specific counters or online portals for submission.
  • If filing in person:
    • Visit the State Consumer Commission office in your state.
    • Submit the complaint form along with copies of all documents.
    • Pay the necessary filing fee (if applicable), which varies by state.
  • If filing online:
    • Visit the official website of your state’s consumer forum.
    • Complete the online complaint form and upload the necessary documents.
    • Pay the online filing fee, if required.

5. Pay the Filing Fee

• Filing Fee: A nominal fee is usually charged for filing the complaint. This fee varies depending on the value of the claim. The fee can range from ₹100 to ₹5,000 or more.
• Mode of Payment: Payment can be made via demand draft, court fee stamps, or through online methods if the state allows e-filing.

6. Acknowledgment of Complaint

• Once the complaint is submitted, the State Consumer Commission will issue an acknowledgment receipt. This will include:
  • A unique complaint number.
  • A date for the next hearing or date of listing.

7. The Commission's Role in Hearing

• Issuing Notice: The State Commission will send a notice to the opposite party, informing them of the complaint and scheduling a hearing.
• Examination of Evidence: Both parties may be asked to present their evidence, witnesses, or expert opinions.
• Mediation or Settlement: In some cases, the Commission may suggest mediation or alternative dispute resolution to settle the matter without proceeding to a full hearing.

8. Hearing and Judgment

• The hearing will be conducted in front of a bench that includes the President and other members of the State Consumer Commission.
• Based on the evidence, arguments, and testimonies presented by both parties, the Commission will deliver a judgment. This may involve:
  • Awarding compensation.
  • Issuing an order for the defective product to be replaced or repaired.
  • Directing the seller/service provider to cease the unfair trade practice.

9. Appeal Process

• If either party is dissatisfied with the decision, they can appeal to the National Consumer Commission within 30 days of the order being passed.

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Example:

• Filing Process for a Defective Smartphone:
  • A consumer purchases a smartphone from a retailer, but after a few months, it develops major faults that were not caused by the consumer. The consumer approaches the State Consumer Commission to file a complaint. Here's what they do:
    • The consumer drafts the complaint, including details of the purchase, the defects, and the compensation sought (e.g., a replacement or refund).
    • The consumer attaches the invoice, photos of the damage, and the communication with the retailer.
    • After paying the nominal filing fee, the consumer submits the complaint to the State Consumer Commission.
    • The State Commission sets a date for the hearing, and both the consumer and retailer are notified.
    • After hearing both sides, the Commission orders the retailer to provide a replacement or refund.

By following the above procedure, consumers can ensure that their complaints are properly filed and processed under the consumer protection laws, ensuring a fair resolution of their grievances.