Empowering Consumers to File Online Complaint Through E-Daakhil Portal-World Consumer Rights Day

The Voice of Chandigarh News:

15th March is a historic day as it marks the celebration to a remarkable pronouncement of four basic consumer rights by former US President John F. Kennedy on March 15, 1962. John F. Kennedy equated the rights of the ordinary American consumer with national interest. During his address President John F. Kennedy remarked: “If a consumer is offered inferior products, if prices are exorbitant, if drugs are unsafe or worthless, if the consumer is unable to choose on an informed basis, then his dollar is wasted, his health and safety may be threatened, and national interest suffers.” He equated the rights of an American citizen with national interest and gave them four basic rights such as, right to safety, right to choose, right to information, right to be heard as consumers.

The Consumers International (CI), formerly known as International Organisation of Consumer Unions (IOCU), the umbrella body, for 300 organisations in over 120 countries, began observing 15th March as an occasion to promote basic rights of consumers since 1983. Since then, 15th March is celebrated as World Consumer Rights day. This year the theme proposed by Consumers International for World Consumer Rights Day is ‘Empower Consumers Through Clean Energy Transitions’. Some of the initiatives taken by the member consumer organisations from different countries for clean energy involve: educational programmes on energy efficiency and conservation, sustainable public transport, collective purchasing of solar energy technologies, efficient transport and air quality and examining green claims by companies.
Consumer Protection in India.

To focus on the latest and emerging challenges affecting consumers, the Consumer Protection Act 1986 was replaced by the government and a new and bolder law, the Consumer Protection Act 2019 was enacted. CPA 2019 was notified and enforced on 20th July 2020. During COVID 19 as there were limitations on consumers to physically travel and lodge complaints in consumer commissions the e-daakhil portal was launched as free, fast and hassle-free mechanism for lodging consumer complaints.
CPA, 2019 provides a legislative framework for better protection of the interests of the consumer by creating a formal but quasi-judicial dispute resolution mechanism exclusively for consumers. This progressive social legislation establishes a three-tier quasi-judicial consumer dispute redress machinery at the National, State and District levels aimed at providing simple, speedy and affordable redress to consumers. At present there are 680 District Commissions out of which 630 are operational, 35 State Commissions and the National Commission at the apex level are functioning in the country. CPA 2019 extends the coverage of consumer protection, its scope and enhances the powers of the redressal machinery. Some of the innovative features of CPA, 2019 are widening the definition of ‘consumer’ by including online transactions under its ambit, E-Daakhil, Central Consumer Protection Authority, mediation, product liability, unfair contracts. Mandatory Acknowledgement of Consumer Complaints by e-Commerce Entity within 48 hours is established to redress complaints. The efficacious provisions of the Consumer Protection Act 2019, permit the distressed consumers to get compensation for damage. It also envisages provisions for punishing the wrongdoers by competent Commissions. The Act also encompasses provisions of hearing the complaints through video conferencing in consumer commissions.
E-Daakhil Portal.

E-Daakhil portal is presently functional and attending complaints regarding consumer grievances in 33 States/UTs for corresponding National Commission, State Commission, 13- Circuit Benches, 651-District Commissions. On 7th September 2020 E-filing was launched by National Consumer Dispute Redressal Commission (NCDRC). Delhi became the first state to implement it on 8th September, 2020. Later Maharashtra, Andaman & Nicobar Islands, Bihar, Chhattisgarh, Jharkhand, Gujarat, Chandigarh, Andhra Pradesh, Odisha, Uttar Pradesh, Madhya Pradesh, Punjab, Karnataka & Haryana implemented facility of e-filling in their respective States/UTs. Department of Consumer Affairs has been proactive in following up with the States/UTs to launch e-filing facility for consumers.

A web application for E-filing of consumer grievances called “edaakhil.nic.in” was thus established by National Informatics Centre so that consumers can lodge complaint sitting at home. The digital software for filing consumer complaints has many innovative features such as e-Notice, case document download link and video conferencing hearing link, filing written response by opposite party, fling rejoinder by complainant and alerts via SMS/Email The e-daakhil portal empowers the consumer and their advocates to file the consumer complaints along with payment of requisite fees online from anywhere for the redressal of their complaints. It also enables the consumer commissions to analyze the grievances digitally whether to accept, reject or forward the complaint to the involved commission for additional processing. To facilitate the marginalized and rural consumers in remote areas under the digital India program for e-filing, e-daakhil portal has been integrated with the Common Service Centre (CSC). As many consumers at Gram Panchayat level do not have access to electronic modes of communication or are incompetent to use ICT tools, they can seek help from the neighbourhood CSCs in filing their complaints in the concerned Consumer Commission. The work for integration of this portal with CSC has been done and for registration the users have to pay Rs 50/. Video tutorials and modules have been developed in English and Hindi language to facilitate consumers in teaching how to file a complaint under e-daakhil portal.

As of August 2022 after two years of inception of the e-daakhil portal 84,657 users registered themselves on it, out of which a total of 23,640 complaints were filed and 5,590 complaints were admitted and 889 cases disposed of and 4701 cases are still pending. For the past two years since E-Daakhil portal has become operational 766 cases have been disposed by district commissions, 50 by State Commissions and 73 by NCDRC. Several cases have made success stories which have been disposed through e-daakhil.
How to file a Consumer Complaint under E-Daakhil.

Consumers should log in the E-Daakhil portal. To file a new case, users must have a valid email id so that they can get their complaint registered on e-daakhil portal. In addition, they are required to have soft copies of id proofs which can be voter id/PAN card/passport/ration card/driving licence. Document format for uploading should be pdf. After that go to http/edaakhil.nic.in and click on enter website button. In the menu box complainant/advocate section is there where users need to click on registration. User registration is a three-step process: where step 1 is to register email id, step 2 to get an OTP on your registered mobile number and step 3 involves activating account in order to login to the e-daakhil application. Here the user needs to mention e-mail id which it had given at the time of registration and also create a strong alpha numeric with a special character password and confirm it. Valid mobile number needs to be mentioned in the application to get notifications, with uploading id proof and current location, address, state and other personal details and write captcha code before clicking on submit button. After that users receive an OTP on their mobile phones which is valid for 15 minutes. The second step is to receive activation link on email using OTP. On user activation form write email id and the OTP received on mobile phone and click on continue to get activation link on email. After that the user account would be activated after User Id is verified.

After successful login the User Home Screen would show username on extreme right. This menu can be used for filing a new complaint, knowing case status, rejoinder, case status and approved case list. The documents required for filing a case include index, list of dates, Memo of parties, complaint with notarized attested affidavit, fee payable, supporting documents such as bill, voucher which should be attested by name and signature of the complainant. For condonation of delay beyond the limitation period an application can be sent to respective consumer commissions as they attend cases where the cause of action is within two years. All the scanned copies need to be uploaded therefore complainant should keep them ready. The different sections in e-filing are case details, additional complainant details, additional opposite party details, upload documents and finalise and submit the application after which the case cannot be edited. The fee structure for filing a complaint in consumer Commissions after the implementation of the Consumer Protection Act, 2019 and applicable since 20th July 2020 are as follows:
Value and Compensation claimed Fee

District Commission

Upto 5 Lakh Nil
Rs 5 lakh & above but < Rs 10 Lakh Rs. 200
Rs 10 lakh & above but < Rs 20 Lakh Rs. 400
Rs 20 lakh & above but < Rs 50 Lakh Rs. 1000
State Commission
Rs 50 lakh & above but < Rs 1 Crore Rs. 2000
Above Rs 1 crore but < Rs 2 Crore Rs 2,500
National Commission
Above Rs 2 crore but < Rs 4 Crore Rs 3,000
Above Rs 4 crore but < Rs 6 Crore Rs 4,000
Above Rs 6 crore but < Rs 8 Crore Rs 5,000
Above Rs 8 crore but < Rs 10 Crore Rs 6,000
Above Rs. 10 Crore Rs. 7,500

The complainant after filing the necessary details in the application form has to fill the pecuniary value of claim amount, cause of action includes State and district where the consumer wants to file the case. The consumer can check the pre details filled in by it earlier, after that it can fill case detail section where complainant details, opposite party details and advocate details if any are filled. Further documents in pdf format needs to be uploaded and the complainant can save its draft by clicking on preview button and select the commission where it wants to submit its case and it can cross check all the steps before submitting its application. Once case filing is finalized by the user it would receive OTP on mobile number and once details have been finalized the case cannot be edited.

Conclusion
As awareness about E-Daakhil portal reaches to all the aggrieved consumers in future more complaints would be filed through online mode, which would be a good step in digitalizing India. On one hand the online filing of complaint has eased the procedure for filing complaints for consumers, however the requirement to submit hard copy of the filed complaint along with the various documents in the Consumer Commissions till date should be done away. Thus, the Consumer Protection Act, 2019 is a benevolent legislature enshrining six rights to consumers and empowering them with its innovative features to seek timely redressal of their complaints.