How to File a Complaint in Consumer Court for Online Purchases
Introduction
Online shopping brings convenience but also risks of getting cheated if products received differ from advertised quality or there are issues with delivery, refunds etc. Fortunately, India has strong consumer protection laws. If an online seller provides deficient services, you can file a complaint at your district/state/national consumer disputes redressal forum to claim compensation. This article covers the key steps involved.
Attempt Direct Resolution
First try contacting the seller directly through email/phone to provide details of your grievance and reasonable timeframe to resolve the issue amicably without needing to pursue formal legal options. Keep records of all communication. Under consumer protection rules, businesses have to acknowledge complaints in 2 days and redress within a month.
Gather Relevant Purchase Details
If issues remain unresolved even after reasonable follow-up, prepare to escalate your complaint to the consumer forum. To build your case, gather all documents, screenshots and communication related to the online purchase:
- Item details like product name, pricing, delivery timeframe commitments
- Invoices, order or payment confirmations from portal/seller
- Any terms and conditions or return/refund policies mentioned
- Emails/messages sent to seller explaining issues
- Photos/videos detailing defects/differences in product delivered
Determine the Appropriate Forum
There are consumer courts at national, state and district levels. As per money value thresholds defined by Consumer Protection Act 2019, here is the competent forum:
- District: up to Rs 1 crore claim
- State Commission: Between Rs 1-10 crore claim
- National Commission: claim over Rs 10 crore
Additionally factor which city the seller is located in. Geographic jurisdiction applies.
Draft the Complaint
The complaint should clearly describe the online purchase experience, expectations as per advertisements or website commitments, detailed issues faced, and compensation expectation - with supporting documentation. Ensure it captures:
- Case background
- Deficiencies in products/services by seller
- Quantifiable financial and other losses
- Legal provisions violated by seller
- Evidence like invoices, photos, screenshots
- Requested settlement/refund amount
Follow the standard complaint format shared by consumer forums including necessary application fees. Consult a lawyer if needed.
File at the Relevant Forum
Submit the final complaint copy by registered post in duplicate to the relevant district/state/national commission’s office depending on admissible jurisdiction with specified fees. Keep digital and physical copies. The unique case number will be communicated. You can then track updates on hearings scheduled via phone or case status systems on the forums’ websites.
How to file consumer complaint online for free
Attending Hearings
Consumer forums hearings involve participating respondents - both the seller/business representative as well as you as the complainant. Be present on hearing dates with copies of your complaint, evidence, arguments why allegations are true as per documents to justify compensation expectations. Highlight violations of specific Consumer Protection Act clauses by the seller/business for stronger grounds.
Reasons for filing complaint
Here are some of the common reasons for filing a complaint at the consumer court for issues faced with online purchases:
Wrong/Defective Product Delivered- If the actual product delivered is different than the details or photos displayed on website like wrong size, different technical specifications, damaged/defective item etc. For example, camera received is old, used item while website showed images of new camera only.
Missing/Delayed Delivery- If there are inordinate delays in delivering product, many times exceeding estimated delivery period shown while ordering without adequate reason or communication from seller. For example, ordered mobile phone showing delivery in 3 days but nothing received even after 2 weeks.
Refunds/Replacements Refused- Many times in above cases of wrong or undelivered items, sellers refuse to provide refunds/replacements or are difficult to reach for resolution - forcing buyer to claim money back through formal complaint process.
Fake Products and Sellers- In some cases, fraudulent sellers willingly sell fake or counterfeit branded products which buyers can only identify on receiving goods. They might impersonate real brands through fake websites.
Overpricing/Excess Charges- Some complaints can be around sellers overcharging above maximum retail price printed on item or additional unmentioned delivery charges, service fees etc. leading to escalated costs.
Poor Online Complaint Handling- Sellers frequently not responding to emails or calls by buyers explaining issues or providing unsatisfactory resolution leading consumers towards consumer court route for asserting their rights/obligations.
Conclusion
The consumer forums aim to quickly resolve deficient services issues in transparent processes balancing rights of both buyers and sellers. So don’t hesitate to escalate in case of bad online purchase experiences. Maintaining robust records and details of your grievance that justify the compensation request is key, as is familiarity with the straightforward complaints processes. Be hopeful that your consumer court complaint has strong chances of favourable and timely settlement.
