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After several attempts (through phone,e-mails, etc.) by a customer to address any issue pertaining to a product or service,  a letter of complaint or a consumer complaint letter is a draft in order to make the manufacturer understand that the consumer is serious about his/her dissatisfaction towards the product/service.

A letter of complaint is used as a tool to rectify a problem that a consumer has encountered with the product/service. Well written complaints can be powerful and yield positive results, thus making them worth drafting. 

Although a complaint letter can be written for unhappy business promotions, the traditional complaint letter involves a personal situation i.e. a letter drafted from an unhappy consumer’s end to a business or individual.

Cases On Which A Consumer Complaint Can Be Filed

A complaint can be filed against a seller, manufacturer or a dealer of goods which are considered defective or against the provider of services, if they are deficient in any manner.

A complaint can be on:

• A firm registered or unregistered.
• An individual.
• A cooperative society or any other association of persons.
• The Central or State Government.
• Consumer to whom such goods are sold or delivered.

Things To Know While Filing A Consumer Complaint

• The person filing the complaint is required to file copies of all supporting documents i.e. cash memo, receipts, agreements, etc.
• The person filing the complaint is required to file 3 copies of the complaint, together with enclosures, for official purpose plus copies for the number of opposite parties.
• The complaint should be filed along with a fee in the form of Postal Order/ Demand Draft according to the amount of compensation claimed. 
• A Consumer Complaint must be filed to a consumer forum within 2 years for the cause of action. In case there is a reasonable cause for delay, you can request the Consumer Forum to accept the reason for delay.
• Though you can file a handwritten complaint, a typed one will make make things easy not just for the adjudicating officer but also for you and the respondent.
• Your complaint must have all the details of the grievance explained in a narrative structure and chronological manner and must come with what the issue is and what relief you are expecting out of the complaint.
• You can appear before the Consumer Forum in person without the need of a Lawyer to represent your case. In certain cases your relative can also appear.
• As a complainant you must send a written complaint (notice) to the supplier or service provider you are complaining about.  The notice must be simple, clear and point out all the grievances.

Jurisdiction For Filing Consumer Complaints

The person filing the complaint must posses an acknowledgement indicating the date of filing the complaint.

A consumer complaint can be filed in 3 different courts namely:

1. District Consumer Disputes Redressal Forum (DCDRF)
2. State Consumer Disputes Redressal Commission (SCDRC)
3. National Consumer Disputes Redressal Commission (NCDRC)

According to the provisions laid by the Consumer Protection Act, 1986, any complaint that is:

• If the value of goods or services and compensation is ₹ 20 Lakhs or below, Complaints can be filed in the before the District Forum.
• If the value of goods or services and compensation that is claimed is ₹ 20 Lakhs, and does not exceed 1 Crore, can be filed before the State Commission.
• If the value of goods or services and compensation claimed exceeds  ₹ 1 Crore can be filed before the National Commission.

Things To Know While Filing An Appeal

Once an individual files a complaint on the product or service, the manufacturer can challenge the complaint in the form of an appeal. Section 15 of the Consumer Protection Act, 1986 provides any person aggrieved by any order passed by the District Forum and can appeal against such an order to the State Commission within 30 days from the date of the order.

Rule 8, sub-rule (1) to sub-rule (5) of the Delhi Consumer Protection Rules,1987 deal with the procedure of filing appeals.

1. Firstly, a Memorandum must be presented by the appellant or his authorised agent to the State Commission in person or sent to the registered postal address to the Commission.
2. Every memorandum file under the sub-rule (1) shall be typed or handwritten and shall set forth the grounds of appeal without any argument.
3. Each memorandum must be pinned to the certified order of the District Forum.
4. The appellant must submit 3 copies of the memorandum to the State Commission for official purpose along with copies of the complaint against him/her.
5. When the Appeal is presented after the expiry of limited period, a memorandum along with an affidavit mentioning the reason must be presented.