I get unwanted telemarketing calls in Hyderabad, can I file a state consumer complaint?

Detailed Legal Analysis

Yes, you can file a state consumer complaint in Hyderabad regarding unwanted telemarketing calls, as these calls can be considered an infringement of consumer rights under the Consumer Protection Act, 2019.

Here are the steps and requirements to file a complaint effectively:

• Understanding the Grounds for Complaint:
  • Unwanted telemarketing calls can fall under the category of unfair trade practices, as per Section 2(47) of the Consumer Protection Act, 2019.
  • Persistent unsolicited calls may lead to mental harassment and loss of peace, which are grounds for a consumer complaint.
• Registering for the Do Not Disturb (DND) Service:
  • Before filing a complaint, ensure that you have registered your number on the National Do Not Call Registry (NDNC) or DND service provided by your telecom operator.
  • You can register by sending an SMS with the text “START DND” to 1909.
• Gathering Evidence:
  • Keep a record of the dates and times of the calls, along with the telephone numbers from which you received the calls.
  • Save any text messages or voicemails related to the unsolicited calls.
• Filing the Complaint:
  • You can file your complaint with the District Consumer Disputes Redressal Forum in Hyderabad. This can be done in person or through online platforms.
  • Prepare a complaint application detailing your experience, including the evidence you have gathered, and submit it along with the required fee.
  • Ensure to include your contact information, the nature of the complaint, and any relief sought.
• Relevant Sections of the Law:
  • Section 2(1)(d) of the Consumer Protection Act defines a consumer, and Section 2(47) defines unfair trade practices.
  • Section 3 of the Consumer Protection Act provides for the protection of consumers against unfair trade practices.
• Follow-Up:
  • After filing the complaint, keep track of the proceedings, and attend hearings as required.
  • If the forum rules in your favor, the service provider may be directed to cease such calls and may also be liable for compensation.

By following these steps, you can effectively address the issue of unwanted telemarketing calls through the consumer grievance redressal mechanism in India.