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

Detailed Legal Analysis

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

Unwanted telemarketing calls can be a nuisance and infringe upon consumer rights. The Consumer Protection Act, 2019 provides a framework to address grievances related to unfair trade practices, including unsolicited marketing communications. Here are the steps and requirements for filing a complaint:

• Understanding Your Rights: Under Section 2(47) of the Consumer Protection Act, a consumer is defined as someone who avails goods or services for personal use. Unwanted calls can be considered a form of unfair trade practice as defined under Section 2(47) and Section 2(1)(r).
• Registering Your Complaint: Before filing a formal complaint, you should register your number with the National Do Not Disturb (NDND) registry. You can do this by:
  • Sending an SMS with the text "START 0" to 1909.
  • Visiting the official website of the Telecom Regulatory Authority of India (TRAI) to register online.
• Gather Evidence: Keep a record of the telemarketing calls, including:
  • Date and time of the calls.
  • The name of the company making the call.
  • Content of the call and any details regarding how they obtained your number.
• Filing the Complaint: If the unwanted calls persist, you can file a complaint with the Consumer Forum in Mysore. The process involves:
  • Drafting a complaint stating your grievances.
  • Submitting it to the District Consumer Disputes Redressal Commission under Section 12 of the Consumer Protection Act, 2019.
  • Paying the requisite fee, which varies based on the claim amount.
• Hearing and Resolution: After submitting the complaint, a hearing will be scheduled where both parties can present their case. If the forum finds in your favor, they can order compensation or a cessation of the unsolicited calls.

In conclusion, as a consumer, you have the right to seek redressal for unwanted telemarketing calls. By following the outlined steps, you can effectively file a complaint and assert your rights under Indian consumer law.