Procedure to File A Consumer Complaint Against Act Fibernet

The 1986 Consumer Protection Act has two primary ramifications.

• First, it gives consumers the right to submit a complaint to the proper authorities and get a speedy remedy.
• Second, it enables customers to seek compensation for any loss or harm suffered as a result of the manufacturer's or service provider's carelessness or service defect.

A customer may file a complaint with a District Forum, State Commission, or National Commission, which are all empowered by the Act to promote and protect consumer rights. This article offers readers a simplified guideline to follow when visiting your local consumer protection authority in the case of faulty items or services.

Basic Rights of Consumers

The basic rights of consumers provided by the Consumer Protection Act of 1986 are discussed below-

• The right to be free from unfair trade practices,
• The right to receive information about products or services,
• The right to be certain that the goods or services are of the required quality,
• The right to be heard in the event of a violation of the right to consumerism
• The right to seek remedy in circumstances of the injury,
• The right to education as a consumer.

If a customer's rights are violated, the consumer must submit a consumer complaint. A consumer complaint will not only help the customer but will also benefit society as a whole.

Role of the Consumer Protection Act

The Consumer Protection Act protects consumers from the below-listed activities-

Unfair Trade Practices

Every professional's ultimate objective is to maximise their profit margins. However, unfair practices such as mispricing, defrauding clients, and other misconducts continue to exist in the industry. Unfair commercial conduct is a wide phrase that includes examples of carelessness in which municipal officials failed to post a warning sign while the road was still being built. In addition, a private contractor was found guilty of unfair trade practices after failing to cover a manhole, which resulted in an accident. As a result, if any transaction involves unfair commercial practices, the consumer has the right to submit a consumer complaint to the proper forum.

Short Weights and Measures

A typical General Store frequently defrauds the buyer by weighing things less than what they should be weighed. For example, the weighing scale will read 1 kg; however, the product will weigh roughly 800 grammes, in fact. These malpractices endanger consumer interests.

Misleading Information

Everything is available online in today's technologically advanced society. One disadvantage of an internet purchase is that goods frequently mislead consumers and give incorrect information. The ground of the Consumer Protection Act is so broad that it also includes internet fraud. As a result, in today's cyber tech environment, consumption is essential and respected.

The Consumer Protection Act protects consumers from unfair trade practices such as making public any warranty or guarantee of performance without proper testing and also making a public representation of a good warranty when there is no reasonable prospect that such warranty will be honoured.

Food Adulteration

Mixing food with other substances to reduce quality and maximise profit is not just an unfair consumer behaviour but also a criminal under Indian Penal Code provisions. A few instances are mixing salt with sawdust and ghee with dalada. Adulteration of pharmaceuticals is sometimes considered as unfair practices. Adulteration is a threat not only to consumerism but also to life. As a result, consumer forums are particularly rigorous in this regard.

Format of Legal Notice for Consumer Complaint

Before beginning any legal action, a legal notice must be served on the defaulter you intend to sue. The purpose of the legal notice is to alert him about the complaint and the possibility of it being resolved in a consumer forum. A sample format is given below-

Date-

Address of the manufacturer-

Sub:

Dear Sir/Madam,

• Give specifics about your purchased product or service (cash memo number and date).
• Provide details about the warranty or guarantee that was offered to you at the time of purchase.
• Give specifics about the flaw in the product or service.
• Make a list of the issues you're having as a result of this insufficiency.
• Give specifics regarding your previous efforts to alert the party about the issue to which the party has not reacted.
• Allow at least 15 to 30 days to settle your complaint by requesting a refund of the total price with appropriate interest or replacement of the goods with proper compensation, or you will file a consumer complaint with the Court as you are protected under the Consumer Protection Act of 1986.
• Inform him that if your concerns are not resolved within a reasonable period, you will take proper legal action against him and demand reimbursement for the deficit in services or fault in goods.

Yours Truly,

Your name, signature, address

The Procedure of Filing Consumer Complaint

The procedure for filing a consumer complaint against Actfibernet is quite simple. It may be printed on plain paper and filled in with the necessary details. After a petition has been notarised, it can be submitted in person or by registered or regular mail through an authorised agent. Ensure you serve the other party with personal or legal notice before filing the complaint. A total of four copies of the complaint are required, with extra copies necessary for each opposing party. The following is the method for submitting a consumer complaint:

• Although not required, one may send a notice to the opposite party setting a deadline for settling the issue.
• Create a complaint that includes all of the relevant details (as given below).

A notary public should notarize the complaint affidavit.
Make the required number of photocopies after notarizing.

• Prepare a bank draught from a nationalised bank to pay the court fee.
• Submit the complaint and court money to the reception clerk at the consumer court, who will provide with an admission hearing date and a complaint reference number.
• During the admission hearing, you will be informed whether or not your case is permitted. If you are accepted, you will be assigned a date for your next hearing.
• The court will provide the opposing party with a notice, along with a copy of your complaint, demanding a response within 30 days and inviting them to present at the hearing.
• The hearings will continue until the lawsuit is resolved.
• All parties will get a copy of the court order through registered mail.

You must attend the hearings; otherwise, the matter may be decided ex parte on the merits.

Elements Need to be Present in a Consumer Complaint

• The important elements that are required to be present in a consumer complaint against Actfibernet are-
• If possible, a cause title, i.e. the complaint, should be included.
• Please include your name, title, and postal address.
• The name, description, and address of the opposing party or parties
• The complaint's facts, including when and where it originated
• How the opposing parties may be prosecuted and why they are liable or accountable for the petition you file
• Copies of documents supporting the allegations in the petition. It is advised that complainants save copies of the complaint/petition and any other material given for their records.
• You must also explain how the case falls under the jurisdiction of the forum, such as whether the opposing party lives, works, has a branch office, or personally works for profit within the forum's jurisdiction or whether the cause of action (damaged goods or poor service) arose within the forum's jurisdiction.
• You have the right to demand repayment for the costs of your complaint from the opposing party. As a result, include that amount in your complaint.
   

Reliefs

Depending on the nature of the relief requested by the consumer and the circumstances, the redressal forums may issue orders for one or more of the following reliefs:

• The elimination of flaws in the items,
• The product replacement,
• The reimbursement of the purchase price,
• The payment of compensation for a loss or harm sustained,
• The elimination of flaws or shortcomings in services,
• The cessation of unfair or restrictive business practices or a direction not to repeat them,
• The hazardous goods are no longer for sale, or
• The parties are reimbursed for reasonable expenditures.

Legal Steps to Follow for Consumer Forum

The legal steps that need to be followed for Consumer Forum are-

Going to the Right Court

There are two options for determining which court to appear in.

The first is the location of the sale of goods, often known as the territorial jurisdiction. However, where the products are purchased or the service is obtained is not the only criterion for choosing the court.

The second criterion is based on the cost of the product. If the price of the goods purchased is up to 20 lakhs, one must approach the District Consumer Forum; if the price of the good purchased is above 20 lakhs but less than 1 crore, one must approach the State Consumer Forum; and if the price of the good purchased is more than one crore, one must approach the National Consumer Forum. The two criteria must be kept in mind while selecting which court one must appear in.

Drafting of The Complaint

Consultation with a lawyer is recommended, as it will be more successful than composing the complaint on your own. Here are a few crucial items to include in your consumer complaint against Actfibernet.

Introduction: In 2-3 lines, introduce yourself.

Transaction: Description of the products acquired, date of purchase, memo number, and other relevant information.

Defect: This complaint is about a flaw in the goods or services. One example is a service defect resulting from a reluctance to fulfil a valid warranty.

Rectification: Before going to court, the complainant should explain what actions he took to resolve the issue. For example, you might approach the manufacturer several times, alerting him about the flaws by phone, mail, and so forth.

Evidence: The complaint should include the note receipt, eyewitnesses, and faults in this section.

Jurisdiction: This is when a lawyer comes in help. The case will be dismissed altogether if a complaint is filed before a court that lacks jurisdiction over the topic.

The Relief Sought: All of the remedies sought as compensation must be specified here. For example, consider a new mobile phone (in a case where the phone had latent defects, and the warranty was also not honoured by the manufacturer.) In addition, as a relief, one should always claim litigation fees paid while defending the case in court.

Payment of Court Fee

If you go to the district court, the court charge is as follows-

• INR 100 for transactions up to 1 lakh rupees.
• When the amount is between 1 and 5 lakhs, INR 200 is charged.
• When the amount is between 5 and 10 lakhs, INR 400 is charged.
• When the amount is between  INR 10 and 20 lakhs, the fee is INR 500.
• When the amount involved exceeds 20 lakhs, the issue will be sent to the state commission.
• INR 2000 for cases ranging from 20 to 50 lakh.
• INR 4000 for cases ranging from 50 lakhs to 1 crore, and
• The National Consumer Forum handles matters over one crore, and the court cost in such cases is INR 5000.

How long should a consumer complaint be filed?

The complaint must be submitted within two years of the purchase date. However, if the limitation period has expired, an extended period may be permitted if adequate grounds are provided, subject to the court's interpretation.

Conclusion

One of the consumer rights is the right to seek redress, which is the right to seek restitution in the case of unfair commercial practices or consumer abuse. It also includes the right to an equitable settlement of a consumer's legitimate complaints. If a consumer has real concerns, they must register a complaint. Their complaint may be little in character, but their impact on society might be substantial. They can also seek remedies for their grievances via consumer organisations.