Filing a consumer complaint with the Hon’ble National Consumer Disputes Redressal Commission (NCDRC)? This guide simplifies the NCDRC complaint filing process from the initial filing to the final disposal under the Consumer Protection Act, 2019. Learn the essential steps, procedures for hearings, understanding findings, and the path to obtaining a final order from the Hon’ble NCDRC, empowering you to navigate your consumer dispute effectively.
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Navigating This Article: To help you navigate this article effectively, we’ve broken down the Hon’ble NCDRC complaint process into clear sections. Here’s a look at what we’ll cover:
1. Introduction
The Hon’ble NCDRC plays a crucial role as the apex body in the consumer disputes redressal machinery, handling complaints of significant value and also acting as an appellate authority for orders passed by Hon’ble State Commissions. For a complainant with a high-value claim, the Hon’ble NCDRC is the primary forum for redressal. For an opposite party, appearing before the Hon’ble NCDRC means facing a high-level quasi-judicial body that scrutinizes complex consumer disputes.
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2. Key Concepts for Complaint Filing in Hon'ble NCDRC (Brief Overview)
To effectively navigate the complaint process at the Hon’ble NCDRC, it’s essential to understand some fundamental terms defined under the Consumer Protection Act, 2019. Here is a list of these key definitions with references to their relevant sections in the Act:
- Complainant: Defined under Section 2(5) .
- Complaint: Defined under Section 2(6) .
- Consumer: Defined under Section 2(7) . (You may add your detailed article link here for “Complainant,” “Complaint,” and “Consumer.”)
- Goods: Defined under Section 2(21) .
- Service: Defined under Section 2(42) .
- Defect: Defined under Section 2(10) .
- Deficiency: Defined under Section 2(11) .
- Unfair Trade Practice: Defined under Section 2(47) .
- Unfair Contract: Defined under Section 2(46) .
- Product Liability Action: Defined under Section 2(35) . The term “Product Liability” is defined under Section 2(34) of the Act.
A clear understanding of these terms by referencing their definitions in the Act is the first step for both complainants and opposite parties in determining the applicability of the Consumer Protection Act, 2019, to their specific situation and for correctly formulating or responding to a complaint before the Hon’ble NCDRC.
3. Jurisdiction of the Hon'ble National Commission (NCDRC)
The Hon’ble National Consumer Disputes Redressal Commission (NCDRC) is empowered to hear specific consumer complaints, primarily those involving higher values. For a complainant to successfully file a case, or for an opposite party to understand the forum they are dealing with, knowing the NCDRC’s jurisdiction is essential.
As per Section 58(1)(a) of the Consumer Protection Act, 2019, the Hon’ble National Commission has the original jurisdiction:
- “to entertain— (i) complaints where the value of the goods or services paid as consideration exceeds rupees ten crore:”.
- It also has jurisdiction for ” (ii) complaints against unfair contracts, where the value of goods or services paid as consideration exceeds ten crore rupees;”.
It is important to note the proviso to Section 58(1)(a)(i), which states, “Provided that where the Central Government deems it necessary so to do, it may prescribe such other value, as it deems fit;”. This means the pecuniary limits can be revised by the Central Government through a notification. Therefore, complainants and opposite parties should verify the currently applicable pecuniary limits at the time of filing or responding to a complaint.
As of now, under section 58(1)(a), the Hon’ble NCDRC is empowered to adjudicate consumer complaints where the value of the goods or services paid as consideration exceeds two crore rupees.
In addition to hearing original complaints of high pecuniary value, the Hon’ble NCDRC also has appellate jurisdiction to hear appeals against the orders of any Hon’ble State Commission and against the orders of the Central Authority (CCPA). Furthermore, the Hon’ble NCDRC exercises revisional jurisdiction, allowing it to call for records and pass appropriate orders in consumer disputes decided by any Hon’ble State Commission if there appears to be an error in jurisdiction or a material irregularity. This article, however, will primarily focus on the process for original consumer complaints filed before the Hon’ble NCDRC.
4. Initiating Your Complaint with Hon'ble NCDRC
Filing a complaint with the Hon’ble National Consumer Disputes Redressal Commission (NCDRC) requires adherence to specific procedures regarding how the complaint is made, the fees payable, and the number of copies to be submitted.
Firstly, as per section 59 (1) of the Consumer Protection Act, 2019, section 35 applies to the Hon’ble NCDRC with necessary modifications. Section 35(1) allows a complaint, in relation to any goods sold or delivered or any service provided, to be filed by specified complainants.
Secondly, according to Rule 12(1) of The Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020, the complainant must clearly identify the opposing party, provide a factual narrative of the dispute supported by documents, and specify the relief sought.
Thirdly, the complainant must electronically file the consumer complaint on the https://e-jagriti.gov.in/. At the time of filing the consumer complaint, the complainant must pay the fee either online or via a crossed Demand Draft from a nationalised bank in favor of the Registrar of the National Commission, or a crossed Indian Postal Order payable at New Delhi.
As per Regulation 7(3) of the Consumer Protection (National Consumer Disputes Redressal Commission) Regulations, 2020, the complaint must be submitted in duplicate initially, and additional copies should be provided for each opposing party once the complaint is admitted or notice is issued. This ensures that all parties receive the necessary documents to participate in the proceedings.
5. Navigating the Proceedings at Hon'ble NCDRC After Filing
After a complaint is filed, the Hon’ble NCDRC will decide on its admissibility. A crucial safeguard for the complainant is that a complaint cannot be rejected outright without a chance to be heard. Furthermore, the Act emphasizes timely decisions. This is beneficial for both the complainant, who seeks a quick start to their redressal process, and the opposite party, who gains clarity on whether the complaint will proceed.
As per section 36(3) of the Act (as applicable to the Hon’ble NCDRC), the complaint is considered admitted, if the Hon’ble NCDRC does not decide on the admissibility within the specified 21-day period.
The Consumer Protection Act, 2019, encourages settlement through mediation. Section 37(1) (as applicable to the NCDRC via Section 59(1) ) allows the Commission to explore mediation. If both parties agree to mediation in writing, Section 37(2), the mediation offers a less adversarial path for dispute resolution. For a complainant, it can lead to a quicker and mutually agreeable settlement. For an opposite party, it can mean resolving the dispute efficiently and potentially preserving goodwill.
6. Procedure upon Admission of Complaint by Hon'ble NCDRC
Once a complaint is admitted by the Hon’ble National Consumer Disputes Redressal Commission (NCDRC),a notice is issued for the opposite party, gathering their response, and potentially conducting analysis or tests if required.
If the complaint relates to services, or to goods where the specific procedure for goods (like testing) cannot be followed, the Hon’ble NCDRC shall refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the Hon’ble NCDRC.
This step is vital as it formally informs the opposite party about the complaint and provides them an opportunity to present their side. For the complainant, this marks the official beginning of the adjudicatory process involving the opposite party.
7. Time for Opposite Party to File Version
The opposite party is given a period of thirty days to provide their version of the case. This period can be extended by the Hon’ble NCDRC, but such an extension cannot exceed fifteen days.
7.1 Consequences of Opposite Party's Non-Response
If the opposite party, upon receiving the complaint, fails to take any action to represent their case within the given time, the Hon’ble NCDRC will proceed ex parte against the Opposite Party on the basis of evidence brought to its notice by the complainant. Effectively, the Opponent lose its right to defend itself by not filing the written versio or filing beyond the forty five days timeline.
For further details, you can go through our detailed article below:
8. Evidence by way of Affidavit and Documentary Evidence
Section 38(6) of the Consumer Protection Act, 2019 (applicable to NCDRC) states that every complaint shall be heard by the Commission on the basis of affidavit and documentary evidence placed on record.
8.1 Affidavit Evidence: Your Sworn Testimony in Writing
The above statement means the primary mode of presenting facts and evidence is through written affidavits and supporting documents. Both the complainant and the opposite party must meticulously prepare and submit their evidence in this format. In the context of the Hon’ble NCDRC, these evidence affidavits serve as the examination-in-chief of the deponent, containing all factual assertions the party wishes to make. This written testimony is crucial as it forms the primary basis of a party’s factual claims and is given under oath, emphasizing its truthfulness.
This reliance on affidavits helps in speeding up the process by often replacing lengthy oral examinations in court.
8.2 Exhibition of Documents: Formally Placing Your Proof on Record
While the Consumer Protection Act, 2019, and its associated regulations may not explicitly detail an “Exhibition of documents stage” with the same formality of marking exhibits (e.g., Exhibit CW1/A for complainant’s witness one, document A; or Exhibit OPW1/1 for opposite party’s witness one, document 1) as seen in traditional civil court trials, the process of formally submitting, identifying, and relying on documentary evidence is paramount. The documents that parties wish the Hon’ble Commission to consider as evidence should ideally be submitted with the complaint or the written version (reply), or with their respective evidence affidavits. This is how documents are “placed on record” for the Hon’ble NCDRC’s consideration.
When documents are filed in compliance with these requirements (legible, paginated, indexed) and are taken on record by the Hon’ble Commission, they are, in effect, “exhibited.”
Parties then specifically refer to these indexed and paginated documents in their affidavits and during arguments, drawing the Commission’s attention to particular pieces of evidence to support their contentions. The Hon’ble Commission will meticulously examine these documents on record. Although a formal “marking” procedure might not be as elaborate as in civil courts, the clear identification, submission, and acceptance onto the record serve the purpose of exhibition.
9. Final Hearing
After the pleadings are complete—meaning the complaint, the opposite party’s written version, any rejoinder filed by the complainant, and all associated evidence affidavits and documents are on record and have been exchanged—the matter moves towards its conclusive stages. Typically, the Hon’ble NCDRC will then direct both parties to file their “Written Submissions” or “Written Arguments.”
These written submissions are comprehensive documents where each party consolidates their arguments, systematically refers to the evidence on record (citing specific page numbers of their indexed and paginated documents and affidavits), and highlights relevant legal provisions and case law precedents that support their position.
Following the submission of these written arguments, the case is scheduled for a “Final Hearing.” During the final hearing, the learned advocates for the complainant and the opposite party present their oral arguments before the Hon’ble Bench. They emphasize the key aspects of their case as detailed in their pleadings and written submissions, respond to arguments made by the other side, and address any queries raised by the Hon’ble Members of the Commission.
10. Findings and Order of Hon'ble NCDRC
After the completion of proceedings, including the presentation of evidence and hearings, the Hon’ble National Consumer Disputes Redressal Commission (NCDRC) will deliver its findings and issue an order. This is the culmination of the complaint process, where the Hon’ble NCDRC decides on the merits of the case and the relief, if any, to be granted. Section 39 of the Consumer Protection Act, 2019, which provides the findings of the District Commission, is applicable to the Hon’ble NCDRC with necessary modifications as per Section 59(1) of the Act.
10.1 Types of Reliefs/Directions
If the Hon’ble NCDRC is satisfied that the goods complained against suffer from any of the defects specified, or that any of the allegations about the services, unfair trade practices, or claims for compensation under product liability are proved, it shall issue an order to the opposite party directing them to do one or more of the following, as outlined in Section 39(1) of the Consumer Protection Act, 2019:
(a) to remove the defect pointed out by the appropriate laboratory from the goods in question;.
(b) to replace the goods with new goods of similar description which shall be free from any defect;.
(c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant along with such interest on such price or charges as may be decided;.
(d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party:.
(e) to pay such amount as may be awarded by it as compensation in a product liability action under Chapter VI;.
(f) to remove the defects in goods or deficiencies in the services in question;.
(g) to discontinue the unfair trade practice or restrictive trade practice and not to repeat them;.
(h) not to offer the hazardous or unsafe goods for sale;.
(i) to withdraw the hazardous goods from being offered for sale;.
(j) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature;.
(k) to pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently:. The minimum amount payable under this clause shall not be less than twenty-five per cent of the value of such defective goods sold or service provided.
(l) to issue corrective advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;.
(m) to provide for adequate costs to parties;.
(n) to cease and desist from issuing any misleading advertisement.
For the complainant, these provisions outline the wide range of reliefs they can seek and potentially obtain. For the opposite party, these highlight the potential directives they may face if the complaint is upheld.
10.2 Provision for Punitive Damages
The Hon’ble NCDRC has the authority to grant punitive damages. Punitive damages are awarded to punish the opposite party for egregious conduct and to deter similar behavior in the future, which can be a significant relief for complainants beyond mere compensation for their loss.
11. CONCLUSION
The main goal of the Consumer Protection Act, 2019, is to protect consumers and resolve disputes effectively and fairly. By understanding how the Hon’ble NCDRC operates, consumers can better advocate for their rights, while businesses can gain insight into their responsibilities and how to address complaints fairly. This knowledge benefits everyone involved in the consumer market.
Disclaimer: In compliance with the Bar Council of India guidelines, this article is intended for informational purposes only and does not constitute legal advice or a solicitation for legal services.