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

Detailed Legal Analysis

Yes, you can file a state consumer complaint regarding unwanted telemarketing calls in Lucknow under the Consumer Protection Act, 2019.

The Consumer Protection Act, 2019, provides a framework for addressing grievances related to unfair trade practices, including unsolicited marketing practices. If you are receiving persistent unwanted telemarketing calls, here’s how you can proceed:

• Understand your rights: Under Section 2(47) of the Consumer Protection Act, 2019, consumers have the right to be protected against unfair trade practices, which includes unsolicited calls.
• Register your complaint with TRAI: Before approaching a consumer forum, register a complaint with the Telecom Regulatory Authority of India (TRAI) via their National Do Not Disturb (DND) service. You can do this by:
• Sending an SMS with the text “START DND” to 1909.
• Calling the customer care number of your telecom operator to request DND activation.
• Collect evidence: Keep a record of the unwanted calls, including dates, times, caller numbers, and any specific messages conveyed. This documentation will support your case.
• File a complaint with the Consumer Forum: If the calls continue despite registering with DND, you can file a complaint with the District Consumer Disputes Redressal Forum under Section 12 of the Consumer Protection Act, 2019. Follow these steps:
• Draft a complaint detailing your grievance, including evidence of the unwanted calls.
• Submit the complaint along with a nominal fee (which varies by state) to the District Consumer Forum in Lucknow.
• Ensure you have copies of all documents, including receipts and any correspondence with the service provider.
• Attend hearings: After filing the complaint, you will be notified of the hearing dates. Attend these hearings to present your case effectively.

In addition to the above steps, you may also consider seeking remedies under other relevant laws, such as the Indian Telegraph Act, 1885, which regulates telecommunication services, including provisions against unsolicited messages.

By following these steps, you can effectively address the issue of unwanted telemarketing calls and seek redress through the appropriate legal channels in Lucknow.