Frequently Asked Questions

What is Consumer Helpline? What service does it provide?

www.consumer-helpline.com is an online consumer complaint forum. It enables the user to file consumer complaints against brands quickly. It helps the user in fighting against fraud and unresponsive customer service. We leverage social media, business networks and legal frameworks to resolve consumer complaints in India. It also provides a solution to prepare consumer complaints in the consumer court or consumer forum.

Who is a consumer?

A Consumer is a person who purchases a product or avails a service for a consideration, either for his personal use or to earn his livelihood by means of self-employment. A consumer does not include:
• A person who purchases any goods or avails any service free of charge;
• A person who purchases a good or hires a service for commercial purpose;
• A person who avails any service under contract of service.

Who Cannot be a consumer?

ANY PERSON WHO OBTAINS THE GOODS FOR 'RESALE' OR COMMERCIAL PURPOSES' IS NOT A CONSUMER - The term 'for resale' implies that the goods are brought for the purpose of selling them, and the expression 'for commercial purpose' is intended to cover cases other than those of resale of goods.

What are the rights of Consumers in India?

The Consumer Protection Act, 2019 provides below rights to the consumers:
i. Information about the quantity, quality, purity, potency, price, and standard of goods or services.
ii. Protection from hazardous goods and services.
iii. Protection from unfair or restrictive trade practices.
iv. Access to a variety of goods or services at competitive prices

Who can file a complaint under Consumer Protection Act 1986?

The Consumer Protection Act, 1986 (COPRA) was passed by the Indian parliament and came into force on December 1986.
• Any consumer
• Any voluntary consumer association
• Central or State Government
• One or more consumers, where there are numerous consumers having the same interest
• In case of death or inability of a consumer to travel, his legal heir or representative.
• Where the consumer is a minor, the complaint can be filed by his parent or legal guardian.

Who Cannot file a complaint under Consumer Protection Act 1986?

One such special act to safeguard the interest of innocent consumers is the “Consumer Protection Act, 1986”. Any consumer who is betrayed by the trader and denied his/her rights can lodge a complaint against the trader under this Act.

What can I do if I am not satisfied with the product or service?

The Consumer Protection Act, 2019 empowers every consumer to fight for his right against deficient services and products. Consumer Helpline Foundation is a consumer complaint website in India where you can take legal action to get a refund, replacement & compensation from the seller or service provider.

What are the grounds for Filing a Consumer Complaint

Grounds for Filing a Complaint are:
• Adoption of unfair trade practice or a restrictive trade practice by the service provider;
• Defective goods, whether already bought or agreed to be bought by the complainant;
• Deficiency in Services, whether hired or availed or agreed to be hired or availed;
• Overcharging of goods or services in excess of the price that may have been fixed by law or displayed on the packaging of goods or the price list exhibited or so agreed between the parties;
• Selling or offering to sell hazardous goods or services which pose a threat to life and safety when used or availed provided the trader could know that the goods or services are hazardous by due diligence.

Can I take action against online sellers or service providers?

The Consumer Protection Act, 2019 has replaced the old Consumer Protection Act, 1986. The definition of "Consumer" has been widened and it now covers even Ecommerce transactions including online transactions, tele-shopping, direct selling or multi-level marketing. Hence, you can file consumer case against ecommerce sellers, banks, travel agents, insurance companies, real estate builders, educational institutes, hospitals or other service providers etc.

Can I file consumer complaints from anywhere in India?

The updated Consumer Protection Act 2019 allows the consumers to file cases in any nearby consumer forum where they work or have residence. www.consumer-helpline.com, an Alternative Dispute Resolution platform operating through website in India provides an online consumer forum to consumers to take legal action.

Can I take action against false or misleading advertisements?

Yes, a consumer can take action against false or misleading advertisements. The Consumer Protection Act 2019 provides a penalty or up to 2 year imprisonment to a manufacturer or an endorser for a false or misleading advertisement.

How can most consumer complaints be resolved?

You can resolve your consumer complaints by sending Legal Notice to the opposite party and giving them 15-30 days notice to resolve the dispute. If they ignore your Legal Notice and do not respond or does not work towards resolution of the dispute, you can file a Consumer Case in the Consumer Forum.

What are the rights guaranteed under the Consumer Protection Act?

The Consumer Protection Act aims to protect following rights of the consumers:
• The right to be protected against promotion of goods which are hazardous to life and property;
• The right to be informed about the quality, quantity, effectiveness, purity, standard and price of goods to protect the consumer against unfair trade practices;
• The right to be assured, wherever possible, access to an authority of goods at competitive prices;
• The right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums;
• The right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers and;
• Right to consumer education.

What are 5 consumer protection laws?

There are many other acts worth learning about that apply in certain situations, including the Home Owner Protection Act, the Home Affordable Modification Program, the Fair Credit Reporting Act (FCRA), the Electronic Funds Transfer Act, the Fair Debt Collection Act, and the Fair Credit Billing Act.

What 3 things must goods be under the Consumer Rights Act 2015?

As with the Sale of Goods Act, under the Consumer Rights Act all products must be of satisfactory quality, fit for purpose and as described. The rules also include digital content in this definition.

What happens if you don't follow the Consumer Protection Act?

If the goods do not comply with the Act, a consumer can: reject the goods within 30 days of buying/receiving delivery of the goods. If repair or replacement is not possible, the consumer has a final right to reject the goods and claim a full refund or ask for a price reduction of up to 100%.

What Are The Benefits or Remedies Available To Filing Consumer Complaints?

• A full refund of the amount you have paid.
• The defect in the goods or service deficiencies will be rectified.
• Replacement to the defective product.
• Reimbursement of all legal costs incurred in filing the complaint.
• Compensation for any loss or suffering (including mental agony).
• The seller may be ordered to discontinue his/her unfair trade practice.
• The complaint can be filed in the District/State, where the seller resides or conducts his/her business, or in the place where the purchase was made or the service was rendered.
• If the sale or purchase was made online, then the place mentioned in the terms of service for dealing with disputes, on the seller’s website, shall be chosen for filing the complaint.

How can I file a consumer complaint?

You can file a consumer complaint in 4 steps:
1. Provide us your complaint details along with documentary evidences such as the copy of invoice or proof of purchase.
2. Share your personal contact details and identity proof.
3. Let us know the resolution you require - refund, replacement, apology or compensation.
4. Submit us your complaint and rest we will do to resolve it.
Please note, you need to provide us your complete KYC verification details for sending Legal Notice and approaching the Consumer Forum on your behalf.

Is there a time limit to file a case in the Consumer Court?

A consumer complaint should be filed within two years from the date on which the cause of action or deficiency in service or defect in goods arises. However, the law allows the Consumer to file a complaint after the statutory period of two years if the District Forum is satisfied that the complainant has sufficient reasons for not filing the complaint within the statutory period. The delay can be condoned if it is reasonable and can be accounted for.

Does a person need a lawyer?

A Consumer Court deals with cases regarding consumer complaints and grievances. The judiciary hearings are set up by the Government of India to protect consumer rights wherein unsatisfied consumers can file a case in consumer court against the seller on the grounds of harassment or deliverance of flawed goods or services. One can file the complaint on one’s own. However, you may need external assistance as the case progresses or at the stage of an appeal. However, it is your discretion.

Can I directly file a Consumer Complaint without a legal notice?

The court expects you to try and resolve the dispute before approaching them. Hence, the legal notice serves as proof of this. The notice is given to the concerned party and then there is a waiting period of 15 days before filing a complaint with the Consumer Forum. It is mandatory to send a legal notice before filing a Consumer Case. A legal notice gives an opportunity to settle the matter without approaching the Forum if the Opposite Party is willing to offer compensation or any other remedy. Further, it also brings to their knowledge the possibility of litigation.

What are the different Consumer Disputes Redressal Agencies responsible for consumer protection?

Once the grounds are established, the next step is to estimate the pecuniary limit for the complaint. Under the Consumer Protection Act there exists a three-tier redressal forum. complaints are filed in these forums in accordance with the pecuniary limit as fixed by the law.
• District Consumer Disputes Redressal Forum (DCDRF): Established in each district, it comprises of 3 members each. If the value of the claim is up to 20 lakhs then, an appeal may be filed from the order of DCDRF in State Consumer Disputes Redressal Commission.
• State Consumer Disputes Redressal Commission (SCDRC): Established in every State, the SCDRC can entertain original as well as appellate complaints. If the value of the claim is between 20 lakhs to 1 Crore, an appeal may be filed from the order of SCDRC to the National Consumer Disputes Redressal Commission.
• National Consumer Disputes Redressal Commission (NCDRC): Located in New Delhi, it is the highest forum in the three-tier Redressal System under the Consumer Protection Act. The pecuniary jurisdiction lies if the value of the claim exceeds 1 crore. It is also authorized to hear appeals from SCDRC. Further, an appeal from the order of NCDRC lies to the Supreme Court.

What type of cases are heard in consumer court?

Cases that involve a dispute in the nature of a Consumer-Trader/Seller are heard in a Consumer Court. The cases must be either for deficiency in service, damaged goods, hazardous goods or services, unfair or restrictive trade practices, etc. Cases affecting the public at large in the spectrum of Consumer disputes may also be heard in a Consumer Court.