Hello mam, greetings of the day.
As per your query, after you use a cream, and contract an allergic reaction on your face and hands, you can file a complain in a Consumer Court. This court is established under the Consumer Protection Act, 1986 which redresses and adjudicates the consumer disputes in India. But before that you must understand certain things. But who is a ‘consumer’ exactly? A person is a consumer if he/she has purchased goods or availed some services in exchange for some value, i.e. he/she has paid money. Now you can file a complaint when, the statutory period of 2 years from the date of cause of action has not lapsed and the complaint must have the legal capacity to file the complaint i.e. should be sane, solvent and major. There are three different Consumer Disputes Redressal Agencies which are responsible for consumer protection. They are: District Consumer Disputes Redressal Forum (DCDRF), State Consumer Disputes Redressal Commission (SCDRC) and National Consumer Disputes Redressal Commission (NCDRC). If the value of your claim is up to 20 lakhs then, then you can make an appeal in the DCDRF. If the value of your claim is between 20 lakhs to 1 Crore, then you can make an appeal in the SCDRC. The pecuniary jurisdiction lies if the value of your claim exceeds 1 crore. You can follow the following procedure to file a complaint in the Consumer Court.
1. Sent a notice to the service provider who provided the goods or the services. The notice must communicate your intention to resort to litigation and inform him about the defects in the goods or the deficiency in the service or any unfair practice.
2. File a formal complaint under the Consumer Protection Act, 1986.
3. Attach the relevant documents that support your case.
4. Choose the appropriate forum for filing the complaint.
5. A prescribed fee is required to be paid along with the complaint filed depending on the forum.
6. Submit the affidavit.
In your case, you must file the complaint against the manufacturer of the cream company and not flipkart.
Hope this helps.
Regards
Nirali Nayak
Law student