If you are stuck in such a situation, here is what to do.

Mr. Rohan Mehra, a resident of the bustling city of Avasnagar, was thrilled with his recent purchase of a state-of-the-art smart television from ‘Prime Electronics,’ a popular retail chain. However, his excitement was short-lived. Within two weeks, the television began malfunctioning, with the screen flickering intermittently and the sound system failing completely. When he approached the store, the manager was unhelpful and directed him to the manufacturer’s service centre. After weeks of unanswered calls and unfulfilled promises from the company, ‘Visionary Tech Inc.,’ a frustrated Mr. Mehra decided to take matters into his own hands.

He learned about the E-Daakhil portal, the government’s online platform for filing consumer grievances, and decided to file a complaint. He meticulously gathered all his documents: the purchase invoice, the warranty card, and a record of his emails and calls to the company. However, as he started the filing process, he hit a roadblock. He was unsure about the specific format for the documents. Did the complaint need to be in a particular template? Should the supporting documents be uploaded as PDFs or JPEGs? What were the file size limitations? This confusion about the procedural requirements left him feeling stuck and overwhelmed.

Advice in such cases

Dealing with a faulty product or deficient service can be incredibly frustrating. When you decide to seek legal recourse through the E-Daakhil portal, being prepared is key. Here is some advice to help you navigate the process smoothly:

• Organize all your evidence chronologically. Create a timeline of events from the date of purchase to your last communication with the company.
• Write a clear and detailed draft of your complaint. Even if you are not a lawyer, state the facts simply and clearly, explaining the problem and the resolution you are seeking.
• Before uploading, convert all your documents, like bills and correspondence, into PDF format. This is the most commonly accepted format on the portal. Check the portal for any specified file size limits and compress your files if necessary.
• Carefully read the instructions and FAQs on the E-Daakhil portal itself. It often provides guidance on the technical requirements for document submission.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Consumer disputes in India are primarily governed by the Consumer Protection Act, 2019. This Act is a special legislation designed to protect the interests of consumers. Key provisions that apply in such situations include:

• Definition of ‘Consumer’: Anyone who buys goods or avails services for a consideration.
• ‘Defect’ in Goods: Any fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard of the goods.
• ‘Deficiency’ in Service: Any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance of a service.
• Unfair Trade Practice: Deceptive practices to promote the sale, use, or supply of any goods or for the provision of any service.

The Act establishes a three-tier quasi-judicial machinery at the District, State, and National levels to adjudicate consumer disputes based on the pecuniary jurisdiction (the value of the goods or services paid as consideration).

If you are the complainant

As the person filing the complaint (the complainant), you are driving the case. Here’s a step-by-step approach to filing your complaint on the E-Daakhil portal:

• Registration: Create an account on the official E-Daakhil portal for your respective state.
• Drafting the Complaint: Prepare a detailed written complaint. While there isn’t a rigid official template, it must include: your name and address, the name and address of the opposite party (the seller/company), the facts of the case, details of the defect or deficiency, and the relief you are seeking (e.g., refund, replacement, compensation).
• Document Preparation: Scan all your supporting documents (invoice, warranty, emails, etc.) and save them as PDF files. Ensure they are legible and within the size limits mentioned on the portal.
• Affidavit: You will need to submit an affidavit to verify that the contents of your complaint are true to your knowledge.
• Payment of Fees: The requisite court fee, which varies based on the value of your claim, must be paid online through the portal.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

In a consumer case, the ‘victim’ is the complainant who has suffered due to a defective product or deficient service. As the aggrieved party, you have specific rights under the Consumer Protection Act, 2019.

• Right to Redressal: You have the right to seek redressal against unfair trade practices or the exploitation you have faced. The E-Daakhil portal is the primary channel for this.
• Gather Your Proof: Your case is only as strong as your evidence. Preserve every piece of paper, every email, and every screenshot related to the transaction and your attempts to resolve the issue.
• Be Clear in Your Demands: Clearly state what you want from the company. This could be a full refund, a replacement of the product, or compensation for the financial loss and mental harassment you have endured.
• Understand the Process: Familiarize yourself with the stages of a consumer case: filing, admission, notice to the other party, their reply, evidence submission, arguments, and the final order.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

It is crucial to understand that consumer disputes are civil matters and do not typically involve the police. The police are responsible for investigating criminal offenses. Trying to file a police complaint for a defective product will likely result in the police directing you to the Consumer Commission, as it is the appropriate forum.

An exception exists if there is an element of a criminal offense, such as blatant cheating (as defined under Section 318 of the Bharatiya Nyaya Sanhita, 2023) or criminal breach of trust. However, even in such cases, the primary and most effective remedy for getting a refund or replacement is through the Consumer Protection Act, 2019.

FAQs people normally have

• Is there a specific government-prescribed format for the complaint document?
  No, there is no strict, mandatory template. However, the complaint must be structured logically and contain all essential details: complainant’s and opposite party’s details, a chronological account of the facts, the nature of the defect/deficiency, copies of evidence, and the specific relief claimed.
• What file format and size should I use for uploading documents on E-Daakhil?
  The E-Daakhil portal generally requires documents to be in PDF format. Each portal may have a specific file size limit (e.g., under 2MB or 5MB per file). It is important to check the specific requirements on the portal before uploading.
• Do I need a lawyer to file a consumer complaint?
  It is not mandatory to hire a lawyer. A consumer can file and argue their own case. However, for cases that are complex or involve a significant amount of money, seeking professional legal guidance is highly recommended to ensure your case is presented effectively.

What evidence is required?

Strong evidence is the backbone of a successful consumer complaint. You should collect and submit the following:

• A copy of the bill, invoice, or receipt as proof of purchase.
• The warranty or guarantee card for the product.
• All written communication with the seller or manufacturer, including emails, letters, or chat transcripts.
• Photographs or videos clearly showing the defect in the product.
• If applicable, a report from an independent technician or expert confirming the defect.
• A copy of the legal notice, if you sent one to the company before filing the complaint.
• An affidavit to support the facts stated in your complaint.

How long will the investigation take?

In consumer cases, the process is one of adjudication, not investigation. The Consumer Protection Act, 2019, mandates a swift resolution. The law stipulates that a complaint should be disposed of within three months from the date of receipt of notice by the opposite party, and within five months if the complaint requires product analysis or testing.

However, the actual timeline can vary depending on the complexity of the case, the workload of the Consumer Commission, and the cooperation of the parties involved. The online E-Daakhil system is designed to streamline this process and reduce delays.

Advocate Sudhir Rao, Supreme Court of India