Consumer Protection Act Section 35 — Manner in which complaint shall be made
CHAPTER IV CONSUMER DISPUTER REDRESSAL COMMISSION
Civil
Summary
Sub-section (1) sets out who can file a complaint with a District Commission about goods that were sold, delivered, or agreed to be sold or delivered, or about a service that was provided or agreed to be provided.
Under clause (a) of sub-section (1), the consumer themselves can file the complaint. This includes a consumer to whom the goods were sold or delivered or agreed to be sold or delivered, or to whom the service was provided or agreed to be provided. It also includes a consumer who alleges an unfair trade practice in respect of such goods or service.
Under clause (b) of sub-section (1), any recognised consumer association can file the complaint. This is allowed whether or not the consumer concerned is a member of that association.
Under clause (c) of sub-section (1), one or more consumers can file a complaint on behalf of, or for the benefit of, all consumers who have the same interest, provided they get the permission of the District Commission to do so.
Under clause (d) of sub-section (1), the Central Government, the Central Authority, or the State Government, as the case may be, can file the complaint.
The proviso to sub-section (1) states that a complaint under this sub-section may be filed electronically in such manner as may be prescribed.
The Explanation to sub-section (1) clarifies that a "recognised consumer association" means any voluntary consumer association registered under any law for the time being in force.
Sub-section (2) states that every complaint filed under sub-section (1) must be accompanied by a fee, which is payable in such manner, including electronic form, as may be prescribed.
Official Text
(1) A complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided, may be filed with a District Commission by—
(a) the consumer,—
(i) to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided; or
(ii) who alleges unfair trade practice in respect of such goods or service;
(b) any recognised consumer association, whether the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service is provided or agreed to be provided, or who alleges unfair trade practice in respect of such goods or service, is a member of such association or not;
(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the District Commission, on behalf of, or for the benefit of, all consumers so interested; or
(d) the Central Government, the Central Authority or the State Government, as the case may be:
Provided that the complaint under this sub-section may be filed electronically in such manner as may be prescribed.
Explanation.—For the purposes of this sub-section, "recognised consumer association" means any voluntary consumer association registered under any law for the time being in force.
(2) Every complaint filed under sub-section (1) shall be accompanied with such fee and payable in such manner, including electronic form, as may be prescribed.