Section 35 of the Consumer Protection Act, 2019, outlines the “Manner in which complaint shall be made” to the District Commission. It is a crucial provision that defines who can file a complaint and how it can be done.
Here are the key provisions of Section 35:
1. Who can file a complaint?
A complaint can be filed by:
- The consumer: This is the person to whom goods are sold or delivered, or a service is provided, or who alleges an unfair trade practice in respect of such goods or service.
- A recognized consumer association: This refers to any voluntary consumer association that is registered under any law. Importantly, a consumer association can file a complaint on behalf of a consumer, regardless of whether the consumer is a member of that association.
- One or more consumers with the same interest: In cases where there are numerous consumers with the same interest, one or more of them can file a complaint on behalf of, or for the benefit of, all consumers so interested. This requires the permission of the District Commission. This provision is essential for class-action-type complaints.
- The Central Government, the Central Authority, or the State Government: These government bodies have the authority to file a complaint on behalf of consumers.
2. Electronic Filing:
- The provision includes a specific note that a complaint can be filed electronically. This makes the process more accessible and efficient for consumers.
3. Complaint Fee:
- Every complaint filed under this section must be accompanied by a prescribed fee, which can also be paid electronically.
In essence, Section 35 of the Consumer Protection Act, 2019, broadens the scope of who can seek redressal for consumer disputes, moving beyond just the individual consumer to include consumer associations and even government bodies. It also modernizes the complaint filing process by allowing for electronic submissions.
