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As the saying goes- the consumer is king of market, the legislature started developing consumer laws around this phrase. This sovereignty is not merely a commercial slogan but a legally protected right under the Consumer Protection Act, 2019. This landmark legislation was enacted to safeguard consumers against unfair trade practices, defective goods, and deficiencies in services. A "consumer" is defined as any person who buys any goods or avails of any service for a consideration, which has been paid or promised or partly paid and partly promised, or under any system of deferred payment. It is crucial for every citizen to understand the mechanisms available to them for the redressal of their grievances, ensuring that their rights are not just theoretical but practically enforceable. Consumer disputes occur when there is a disagreement between buyers and sellers or service providers, often involving faulty products, inadequate services, or unfair business practices. With the expansion of markets and consumer options, safeguarding consumer rights has become essential. Laws like the Consumer Protection Act and the establishment of consumer dispute resolution bodies offer consumers practical ways to seek remedies and fair treatment. By gaining insight into the causes and resolution methods of consumer disputes, individuals can better protect their interests and navigate the complaint process with confidence. In an era where consumers interact daily with a vast array of goods and services, disputes are inevitable. From delayed flights to faulty online courses, deficient medical advice, or erroneous bank charges, these issues can cause financial loss, emotional distress, and wasted time.
This article explores the typical issues leading to consumer disputes, the legal protections in place, and the steps consumers can take to resolve such conflicts.
Understanding the common disputes in key sectors
Airlines
Air travel disputes frequently involve service deficiencies like flight delays, baggage mishandling, or refund denials. In Mrs. Krishna Malhotra v Etihad Airways1, the State Commission imposed a ₹2 lakh fine for failing to provide special assistance to elderly passengers, citing mental distress as a compensable harm. Similarly, Spicejet was asked to pay rupees 25,000 for issuing incorrect tickets2.
Edtech
The Edtech boom has led to disputes over misleading course promises, platform glitches, or non-delivery of various certifications. Under the Consumer Protection (E- Commerce) Rules, 2020, platforms like BYJU's or Unacademy have been hauled before Redressal forums for false advertising of job guarantees, grades or course efficacy. In Joginder Singh Saini v. Byju's Think & Learn Pvt Ltd3, the District Consumer Disputes Redressal Forum addressed allegations of deficient service against an EdTech company. The complainant alleged that despite requesting termination of services, the company continued deducting fees from his credit card4.
Healthcare
Healthcare disputes under the CPA remain contentious, as medical negligence was previously under tort law but now falls under consumer protection for "deficient service." The 2019 Act sparked debate among doctors, fearing frivolous suits, but courts clarify it applies only to commercial services, not free consultations. Examples include botched surgeries leading to compensation claims or diagnostic errors causing prolonged suffering. A Delhi forum5 recently awarded damages to a patient for a hospital's failure to provide timely post-operative care, emphasizing accountability in private facilities. However, proving deficiency requires expert evidence to avoid overburdening genuine medical practice.
Banking
Banking grievances typically involve unauthorized charges, loan mis-selling, or ATM fraud. The Reserve Bank of India's Ombudsman scheme handles many, but escalated cases reach consumer forums for deficiencies like delayed grievance redressal. A common scenario: banks denying insurance claims bundled with loans, leading to forums ordering refunds plus interest. In a recent Mumbai case, a bank was fined for wrongly debiting a senior's account, highlighting the need for transparent fee structures under CPA guidelines.
How To File A Consumer Complaint Online?
The CPA, 2019, has simplified complaint filing through digital platforms and made it more accessible for consumers. Here's the process:
Verify Jurisdiction: File at District Forums (up to ₹2 crore), State Commissions (₹2-50 crore), or NCDRC (above ₹50 crore). Confirm you are a "consumer" under Section 2(7) of the Act and have attempted internal resolution.
Collect Evidence: Gather documents like tickets, course agreements, medical records, or bank statements to prove deficiency. Pertinently, invoice/written agreement is the most relevant document for filing any consumer dispute.
Use edaakhil.nic.in for direct court filings or consumerhelpline.gov.in for National Consumer Helpline (NCH) mediation. The INGRAM platform supports filings via WhatsApp or email.
Provide details like the opposite party's name, date of deficiency, and relief sought (e.g., refund + 9% interest). Upload evidence and pay fees (₹200-₹5,000).
Track Case: Receive an acknowledgment number and monitor progress via SMS or portal. Virtual hearings expedite resolutions, often within 3-5 months.
Limitation To File A Complaint
A critical aspect of consumer law is the period of limitation. A consumer complaint must be filed within two years from the date on which the cause of action arose. The "cause of action" is the event that gives rise to the complaint, such as the date of purchase of a defective product or the date a service was denied. However, the law permits the filing of a complaint after the expiry of this period if the consumer can show sufficient cause for the delay, which the commission may condone.
Possible Relief The Consumer Can Get
The redressal forum can provide various reliefs based on what the consumer has demanded like refund of the services or goods, replacement of the goods, compensation for the loss incurred, removal of defects, the suitable expenses could be given to the consumer as it may deem good.
National Consumer Disputes Resolution Commission (NCDRC) Role
The NCDRC, based in New Delhi, is the apex consumer body, handling claims over ₹50 crore, appeals from State Commissions, and class actions. If a consumer is not satisfied with the order passed by a lower commission, they have the right to appeal. The hierarchy is as follows:
An appeal against the order of the District Commission lies before the State Commission.
An appeal against the order of the State Commission lies before the National Consumer Disputes Redressal Commission (NCDRC).
Filing an NCDRC Appeal:
An appeal to the NCDRC against an order of the State Commission must be filed within 30 days from the date of the order. The procedure involves filing a Memo of Appeal, along with the certified copy of the order of the State Commission and all other relevant documents.
A crucial prerequisite for filing an appeal before the State or National Commission by the opposite party (the business) is the pre-deposit of 50% of the amount awarded by the lower commission. This provision ensures that appeals are not filed merely to delay the execution of the order.
Just as with the initial complaint, the NCDRC has the discretion to condone a delay in filing the appeal if the appellant can demonstrate a "sufficient cause" for not filing within the prescribed 30-day period.
Conclusion
The Consumer Protection Act is a powerful tool for justice and accountability in the marketplace. Consumer disputes in sectors like airlines, edtech, healthcare, and banking highlight the critical need for robust mechanisms to address grievances such as deficiency in service. Consumers can seek redress by learning how to file a consumer court complaint online, a streamlined process that empowers individuals to hold service providers accountable. Engaging a deficiency in service lawyer can further strengthen cases, ensuring expert guidance through complex legal procedures. For unresolved disputes, the NCDRC appeal process offers a higher avenue for justice, though consumers must adhere to the limitation to file a complaint and appeal thereafter to avoid procedural setbacks. By leveraging these tools and timelines, consumers can effectively protect their rights and drive accountability across industries.
Co-Author: Palak Saxena, Intern
Footnotes
1. Consumer Complaint No. 1113/2019 || District Consumer Disputes Redressal Commission, Chandigarh UT
2. https://timesofindia.indiatimes.com/city/mumbai/airline-asked-to-pay-25k-compensation-to-passenger/articleshow/122008767.cms
3. Consumer Complaint No. 207/2019 || District Consumer Disputes Redressal Forum, Hisar
4. India Law Journal. EdTech Companies under the Consumer Protection Rules, 2020. Available at: https://indialawjournal.org/edtech-companies-under-the-consumer-protection-rules-2020.php
5. Case No.594/2016 || Basant Lal Sharma vs Sir Ganga Ram Hospital & Ors
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
