Filing a Consumer Complaint Before NCDRC

Understanding the eligibility criteria, key requirements, and procedural guidelines for filing a consumer complaint before the National Consumer Disputes Redressal Commission (NCDRC) is crucial for consumers seeking justice against unfair practices, defective goods, or deficient services.

Who can be eligible to file a consumer complaint before the NCDRC?

As per section 2(5) of The Consumer Protection Act, The Consumer Protection Act, 2019, only the following categories can be considered complainants before the NCDRC. As per the section 2(5), the complainant can be:

1. CONSUMER:

The first category of the complainant is a consumer category and it includes:

• consumer; or
• any voluntary consumer association registered under any law for the time being in force; or
• one or more consumers, where there are numerous consumers having the same interest (this category allows the consumers to file a class action suit against the opposite party); or
• in case of death of a consumer, his legal heir or legal representative; or
• in case of a consumer being a minor, his parent or legal guardian.

2. Governments:

The Consumer Protection Act, 2019 allows the Central Government or any State Government to file a complaint as a Complainant.

3. Central Consumer Protection Authority:

The Consumer Protection Act, 2019 allows the Central Consumer Protection Authority to file a complaint
as a Complainant.

When will a consumer become an eligible complainant to file the complaint before the NCDRC?

The Consumer Protection Act, 2019 has disclosed various conditions the person must fulfil to become an eligible complainant before the National Commission or NCDRC.

1. Eligibility as a Consumer:

As per sub-section 2(7) of The Consumer Protection Act, the person who maintains the following conditions can be an eligible consumer.

• PERSONAL USE: The person must have bought goods or hired or availed services from an opposite party (e.g., a company) for his/her personal use. If the person has purchased the goods or hired the services for commercial use, then the person can not be considered as the consumer as per sub-section 2(7). Hence, the person will be disqualified from invoking the jurisdiction of the National Commission or NCDRC. For example, if the person buys and uses the products or services exclusively to earn his livelihood by means of self-employment, then such use will be considered personal use only.
• Paid or Promised Consideration: The person must have paid or promised or partly paid and partly promised, or under any system of deferred payment, the consideration for the goods or services.
• Pecuniary Jurisdiction: The value of the paid or promised consideration must exceed Rupees Two Crores to invoke the jurisdiction of the National Commission or NCDRC. If the value of the paid or promised consideration exceeds Rs Fifty Lakhs and up to Rupees Two Crores, then the person can invoke the jurisdiction of a state commission. If the value of the paid or promised consideration is up to Rs Fifty Lakhs, then the person can invoke the jurisdiction of a district commission.

2. Territorial Jurisdiction:

Once a person is an eligible consumer and has overcome the NCDRC’s pecuniary threshold of Rupees Two Crore, the consumer may not have an issue invoking the NCDRC’s territorial jurisdiction in most matters. However, the NCDRC may lack jurisdiction when the cause of action does not arise in India or the opposite party has no office in India.

3. Limitation Period of 2 Years: 

Any complaint must be filed within two years from the date when the cause of action has arisen. To determine the date of the cause of action, the complainant must be vigilant as if the complaint is not filed within the two years limitation period, the NCDRC may dismiss the complaint without going into the merits of the complaint. However, section 69 of The Consumer Protection Act, 2019, empowers the NCDRC to condone the delay beyond the limitation period of two years if the complainant has sufficient reasons for the delay. It is the sole discretion of the NCDRC on whether to condone the delay or not.

What are the key requirements of the complaint filed before the NCDRC? 

The Complaint must cover the relevant allegations in writing to seek relief against the opposite party as per The Consumer Protection Act, 2019.

1. Unfair Contract or Unfair Trade Practice or Restrictive Trade Practice:

The complaint must include specific facts and corresponding documentary evidence such as contract, invoices, proof of payments, demand notice and other documents that can establish the allegations related to the Unfair Contract or Unfair Trade Practice or Restrictive Trade Practice. Merely vague allegations will not help the complainant to seek relief against the opposite party.

2. Defects in Goods:

The complainant must provide facts related to the defects in goods and supporting documents such as photos or videos showing the defects, invoices, and any communication with the opposite party that would assist the complainant in establishing the defects in goods.

3. Deficiency in Service:

The complainant must disclose the facts related to the deficiency of services as received from the opposite party. For example, in a complaint against the insurance company, the complainant must disclose how the insurance company failed to timely reimburse the insured amount after the insured person’s hospitalisation. Any repudiation contrary to the policy will also be considered a deficiency of service. However, the complainant has to disclose each and every fact about the wrongfully repudiation of the insurance claim.

4. Overpricing:

If a trader or a service provider has charged in excess of: the price fixed by law; or displayed on the goods or any package containing the goods; or displayed on the price list exhibited by him or agreed between the parties, the complainant must disclose these facts and supporting documents in the complaint.

5. Hazardous Goods and Services:

The complainant must disclose the facts related to the goods and services of the opposite party, which are dangerous to life and safety and are in violation to the safety standards maintained by law. The complainant must also disclose whether the trader or the service provider was aware of the fact that the goods or services so offered are unsafe to the public and yet he was involved in the selling of such goods or services to the public.

6. Product Liability: 

The complainant must disclose the facts related to a claim for product liability action against the product manufacturer, product seller or product service provider, as the case may be.

What are the various documents required to be filed before the NCDRC in a consumer complaint?

As per the operating guidelines issued by NCDRC, the following documents are required to be filed in the consumer complaint.

• Index
• Proforma for filing the Consumer Complaint 
• Synopsis with List of Dates and Events 
• Memo of Parties (Complete addresses, Mobile no., telephone no. & email ids of both the parties).
• Consumer Complaint along with the supporting Affidavit
• Annexures in support of the pleadings of the Consumer Complaint
• Any Application (IA) along with the supporting Affidavit (if required): For example, Application seeking condonation of delay in filing the consumer complaint beyond the expiry of two years of limitation period
• Vakalatnama

How much is the fee required when filing the complaint before NCDRC?

As per the latest government notification, the complainant must pay the following based on the consideration paid.

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