INTRODUCTION
In ancient time, there was the system called “Barter System” which was used for purchasing and selling the goods and services. Now the question is what is barter system? Barter system refers to the method where the sale and purchase of goods takes place without involving of money or when the buyer and seller look for each other who can purchase his goods or services and give him the required goods and services in return. At that time a consumer was defined as a person who wants to buy a good but in exchange of the product he is having and the demand of the consumer was very specific and to the point. With the changing time, increasing competition and migration of people to metropolitan cities the demands and wants of the people have changed. And also the term consumer has evolved completely and now a consumer is defined as a person who can buy either good or service just paying the worth of it and the consumer of present time has huge demands and choices to choose from in each field whether it may be apparels, food, accessories, footwear, etc. For example if a person wants to buy a jeans he has infinite brands choose from like Zara, Levis, Wrangler, Being Human, UCB, True Religion, etc. This unlimited choice of brands and huge varieties available makes the consumer a king of the market as he doesn’t have to depend on someone who will buy his goods and fulfill the requirement. In other words we can say that consumer is the king of the market as he brings the business to the sellers. And now-a-days, trend of online shopping has been increased, more and more sellers are entering in the market with the aim to earn more profits. For this purpose, they do use unfair means like adulteration, selling defective products, duplicate products, selling products which are either banned or are injurious to health, etc. to cheat the consumers and earn huge profits. During ancient times it was often said that “buyers beware” but now it said that “let the sellers beware” because the policies of the government has became stringent, laws are being made implemented in more an effective manner, necessary amendments are done from time to time in the laws, initiatives like Jago Grahak Jago are in action, NGO or groups of volunteers are working very hard to stop such malpractices, etc.
NEED FOR CONSUMER PROTECTION
There is a strict need for consumer protection these days as we know a lot of malpractices are being done by the sellers to cheat the buyers and earn huge profits. When we talk about malpractices, they either directly or indirectly affect the consumer seller relations, for example, if a consumer visits a supermarket (where the store changes the expiry date of the expired products and shows them fresh to avoid losses) and purchases a frozen food item and on consumption of the same, he falls sick and suffers from food poisoning, the consumer will for sure won’t go to that particular store as he is now aware that they do such malpractices and it also spoils the reputation of the store that to earn a bit more they change the date of the expired products and sell, this is just one instance but if we look around we will observe thousands of such instances where such things are happening and no one is aware. Moreover, consumer protection is important because it involves various factors which are related to customers such as price paid by him, health, shopping confidence, etc. In other words, we can say that consumer protection is important as consumers’ interests need to be safeguarded. They are informed and ununited individuals who are often exploited by sellers. They need to be protected from the unjust and unethical practices of the producers and traders. In order to safeguard the interest of the consumers the Government of India has launched two various portals i.e. NCH and e-Daakhil where a consumer without stepping out of his/her home can lodge a complaint or can file a case against the wrong, and the same that how a case or compliant is to be filed is explained further.
WHAT IS NCH/INGRAM PORTAL?
The term NCH stands for National Consumer Helpline. It is basically a project started by the Union Ministry of Consumer Affairs which operates under Centre for Consumer Studies at Indian Institute of Public Administration. It is the helpline to resolve the queries or questions of the consumers and also to hear the problems being faced by the consumers caused due to businesses or service providers. Now the question arises how to file a complaint using this portal? The answer to this question is very simple, there are basically two methods for reporting a wrong/filing a case accessing this portal. The first method is online and the second method is by calling.
WHAT IS E-DAAKHIL?
E-daakhil is a consumer commission online-application portal, or in simple words we can say that it is an application for e-filing of consumer complaints. The platform can be accessed by visiting https://edaakhil.nic.in/edaakhil/ and by using this platform the complainant can himself file a case, or advocates can also use this platform to file the cases. According to a report, e-daakhil portal for online filing of consumer complaints is now functional across 15 states and UTs namely Delhi, Maharashtra, Andaman & Nicobar Islands, Bihar, Chhattisgarh, Jharkhand, Gujarat, Chandigarh, Andhra Pradesh, Odisha, Uttar Pradesh, Madhya Pradesh, Punjab, Karnataka and Haryana.
HOW TO USE NCH/INGRAM PORTAL?
The steps for lodging a complaint using both the methods i.e. either online or by calling are mentioned as below:
For Registering Grievance Online
Step 1: The consumer has to visit the website of NCH i.e. https://consumerhelpline.gov.in/nch.php to register his grievance in online mode.
Step 2: After visiting the website, he have to create his account which usually takes 2-3 minutes. While creating he have to mention his Name, Email ID, Mobile Number, Gender and to keep a password, using which he can access his account anytime.
Step 3: Once the he have created he is account, he will automatically be redirected to the Dashboard, and on the left hand, he will two other options as well, namely, Register Grievance, and Grievance History.
Step 4: Following to Step 3, he has to click on Register Grievance, and subsequently the screen showing Grievance Registration Form will appear where he will have to fill details of the grievance such as type, purchase state and city, industry, category, brand, description of the wrong, etc. He can also attach upto 3 attachments such as any picture of the product or invoice, etc.
Step 5: Once he has filled the form, he simply have to click on ‘SUBMIT’ and his grievance will be registered and he will be conveyed his complaint number on his registered email and mobile number.
Step 6: Soon, the NCH agent will look at his complaint and mention will mention the action that he needs to take. He can also visit the Grievance History section to check the status of his case or list of cases he filed previously.
Step 7: He before disposition of the case can also call the NCH to know the update or mention any reply received from the defendant i.e. brand. Once, the case is closed or disposed he will get a call from the team NCH, to record his feedback.
For Registering Grievance through Calling
Step 1: The consumer can register his grievance by making a call either on 1800114000 or 14404. He can call anytime between 09:30 AM to 5:30 AM, all days except national holidays.
Step 2: After calling he has to select the preferred language of his choice and the select the options relevant from the IVR menu and he will be connected with the NCH agent.
Step 3: Once the he is connected with the agent, he has to mention his Name, Email ID, Mobile Number and other details as asked by the agent. He will automatically create his account on the NCH portal, which he can access by visiting their website.
Step 4: After mentioning the details, he can tell whatever query he is having or can mention the details of the grievance to the NCH agent and he will record the same, and will guide him accordingly by telling him the next step that he has to take.
Step 5: Once he his call ended, he will immediately receive his grievance complaint number on his registered email and mobile number. He can also visit the website of the NCH and from the Grievance History section he can check the status of his case. He can also update the invoice or relevant pictures while checking the status.
Step 7: He before disposition of the case can also call the NCH to know the update or mention any reply received from the defendant i.e. brand. Once, the case is closed or disposed he will get a call from the team NCH, to record his feedback.
HOW TO USE IT
E-DAAKHIL?
The steps for filing an online complaint are as follows:
Step 1: The person (it can either be the complainant or an advocate) has to visit the website of e-daakhil which is https://edaakhil.nic.in/edaakhil/, to make an online complaint. It is mandatory for the user to get him registered on the portal.
Step 2: To get the user registered, he has to select the option of “registration” from the landing page and he will be re-directed to the registration page and there he will have to fill some basic details like name, father’s name, address, email id, date of birth etc. and will have to set a login password. The user will also have to upload the copy of his identity proof and prior filling the details, he will submit the form and will get an OTP on his registered number to complete the verification process. [This step is for NEW USERS only]
Step 3: After completing the registration process, the user can access his account by logging in his account from the landing page. Once he is logged in into his account he will see an option on the top to “file a new case”, he will select it and proceed further.
Step 4: Later he will be landed on a page where he firstly have to fill the amount to be claimed and place of cause of action, after submitting it, the page will move to case details where the details like name, email id, mobile number, complete address of both the parties i.e. of the complainant and the opposite party are to be filled. Also on same page the details of the advocate of the complainant and the case summary is mandatorily to be filled and submitted.
Step 5: After submitting the case details, the details of the additional complainant are to be filled, it is applicable only when more than one person is filing the case. Once the details of the additional complainant is submitted the page will move to the details of the additional opposite party, it is applicable when the claim is to be done from more than one party.
Step 6: Once all the details are filled and duly submitted the page will move to the tab of “document upload” where documents like index; list of dates and events; memo of parties (with complete address); complaint with affidavit are to be uploaded.
Step 7: After uploading of the documents, the screen to finalize and submit the application appears, where we can preview the entire application and documents arranged in the sequence and check for mistakes, if any. Also on this window, the user has to choose the commission that where he has to file the case from the available options.
Step 8: After verifying all the details and selecting the commission where the user has to file the case, he has to select all the checkboxes confirming that he cross-checked everything and then finally he has to click on “finalize” button. On the next screen an OTP will be sent on his mobile number for verification and safety purposes and after OTP verification, the screen will be redirected to pending cases window.
Step 9: From the pending cases window, the user has to choose the case and make the payment of fees and then the complaint will be transferred to the selected commission. The payment can be done in online mode using Debit/Credit Card, Internet Banking, IMPS, etc. as well as in offline mode by Bank DD/IPO/Challan/NEFT/RTGS. From the available modes, the user has to choose the mode of his convenience.
Step 10: Once the payment is done successfully, the case will be sent to the commission for the approval and once it is approved, it will be moved to the tab of pending approved cases. The user can also check the status of his from the main landing page by entering the case reference number and other required details, under the tab of “check case status”.
The e-daakhil portal enables the consumers (complainants) and advocates by facilitating them the service of online filing of consumer cases across the country and for the redressal of their complaints. The e-daakhil also provides consumers the services like case document download, link for virtual hearing, filing written response by opposite party, filing rejoinder, filing first appeal, filing for revision petition, etc. It also provides alerts via SMS/e-mail for the ease of the consumers. In India, most of the population resides in the rural areas and are illiterate, many of also don’t have access to electronic modes of communication or unable to use the tools. So, it has been decided by the authorities to link the service of online filing provided by e-daakhil with CSCs (Common Service Centres) for the ease of the people who cannot use electronic device.
CONCLUSION
Most of the people in our country have that mentality that the cheating is done with the X person and we have no concern with him, so why to worry! and some people think that why to waste time the in filing the cases and complaints for a small amount, let it be! These are the only people who encourages that sellers doing cheating that you guys do anything we will not take any action, and when someday they become the victim of some big fraud, they cry and think what to do. The people should think that if they will stop the crime at stage one only then it will not tend to rise to stage six. The government is doing its best, to eradicate such practices from the economy and this is the only reason that for the repulsion of the Consumer Protection Act 1986 and the introduction of the Consumer Protection Act 2019 because with the changing time, the ways to do commits frauds has also changed, a layman example for it could be, in olden times the sellers used to cheat the consumers by adulteration (mixing good quality goods and bad quality goods) whereas in current time, the sellers used change the full product only like delivering soaps in the box of an Apple’s iPhone. For the consumers who feel that they are harassed at courts, the government has eased the system by providing e-filing facility which is very convenient, easy to use and time saving. Now it is the duty of the consumers in the society to report such cases by filing complaints and stand for justice. We should always remember that, “A market without consumers will be a night sky without the stars and moon. Protect their rights and serve them the best for greater reputation and fame.”
The e-daakhil portal enables the consumers (complainants) and advocates by facilitating them the service of online filing of consumer cases across the country and for the redressal of their complaints. The e-daakhil also provides consumers the services like case document download, link for virtual hearing, filing written response by opposite party, filing rejoinder, filing first appeal, filing for revision petition, etc. It also provides alerts via SMS/e-mail for the ease of the consumers.