Section 35 of CPA : Section 35: Manner In Which Complaint Shall Be Made
CPA
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Explanation using Example
Imagine you purchased a new smartphone from an online retailer, but upon delivery, you discover that the phone is defective. After multiple unsuccessful attempts to get a resolution from the retailer, you decide to file a complaint for the redressal of your grievance. According to Section 35 of the Consumer Protection Act, 2019, you, as the consumer who received the defective phone, are eligible to file a complaint with the District Commission.
In another scenario, suppose a group of consumers purchased refrigerators from the same brand and all experience the same defect within a few months of use. A consumer association, recognizing this pattern, could file a complaint with the District Commission on behalf of all affected consumers, even if not all of them are members of the association.
Moreover, if the issue with the refrigerators becomes widespread and affects a significant number of consumers, one or more consumers among the affected group could seek permission from the District Commission to file a complaint on behalf of all those who are interested, potentially leading to a class-action type of redressal.
The government, either at the central or state level, can also initiate a complaint if it identifies a violation of consumer rights or an unfair trade practice affecting the public at large.
It is also important to note that the complaint can be filed electronically, making the process more accessible for consumers.