Consumer Complaint in Mumbai

Last Updated at: Oct 05, 2020

You’ll have to follow the following procedure if you want to take your complaint to a consumer court in Mumbai. First of all, your case must be filed within two years of the cause of the grievance. If you file one after the stipulated two-year period, you must give sufficient reason for the delay and the court can still reject your case.

Send a notice

Let’s say you are thinking of having your day in court because the company or individual selling you a deficient product or service has failed to respond to your complaints to your satisfaction. You may have called up the customer care number and registered a complaint (even receiving a complaint number) which hasn’t been duly followed up. Or you may simply be dissatisfied with the company’s response or their offer. Before you actually file a case, it’s better to give 15 days’ notice to the opposite party or parties. In this notice, which should preferably be typed out and ideally be sent by speed post or registered post A.D., you should narrate your grievance explaining your issue, how long it’s been, what remedial action you expect from the company and what kind of compensation you seek if any. You should keep a copy of this and all other correspondence. Remember, preferably, you should always talk to a branch office of the company closest to where you live. This will make it easier for you to meet their representative in person if you need to.

Follow the complaint format

Index: Preferably, your complaint should be typed out and have an index page giving the page numbers of the following inclusions. Contact details: The complaint should have your name, address, telephone and cell phone numbers and email address, as well as the name, registered address, contact details and e-mail address of the opposite party or parties. Complaint: The facts relating to the case should be mentioned, in chronological order. Here you are also required to specify when and where the issue arose, and you can point to page numbers of the attached documents. Your complaint should be signed by you. Documents: You should include Xerox copies of all the documents that support your claim. Relief: The next section should contain what you seek, such as a replacement, refund or additional damages. Affidavit: You will also need to include an affidavit stating that the facts are true to the best of your knowledge. Click here to find out Where to File a Consumer Court Case In the District Forum and State Commission you will have to submit at least three copies of your complaint, while the NCDRC will require four copies to be filed. Additional copies may be necessary depending on the number of opposite parties.

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Things to consider before going to court

While you may be confident about your case and feel justified in going down the legal path, there are a few things to pause and ponder over. Legal counsel Appearing in consumer court does not require a lawyer, and you can represent yourself or have a relative do it for you. Alternatively, what you could do is have a lawyer help you out with the initial paperwork and then take control of the matter yourself. There is a checklist to be followed when filing a case in consumer court. It requires a lot effort for a consumer litigant to compose the complaint and see the case through. Although it is not compulsory to appoint a lawyer, it definitely helps to get a lawyer’s assistance. Seeing a case through may be manageable for a person who can compose a legal document coherently and articulate his case. Expenses?

Filing a case isn’t as expensive as you might think, and consumer court cases are supposed to be concluded comparatively quicker than other types of cases. These courts do, however, have authority that’s just as binding as any other court in the country and any case can be dragged on for years leaving you with substantial costs to bear. If you choose to hire a lawyer, you’ll be paying litigation fees. Getting your documents in order will also add to your cost. And depending on how far the court is from your home or place of work, you will have to factor in travelling costs as well.

Be cautious of consumer court Sometimes it doesn’t make sense to go to court. If your dispute is over a small matter, it would probably serve you better to try to solve the problem as cordially as possible with a higher authority at the company with which you have the issue. Effort Whether or not you chose to fight the case yourself, you will have to keep your head about you. You can’t leave everything up to a lawyer. A conscious effort on your part will be necessary to see your case through. Time Fighting a case in consumer court will take up a good deal of your time. You may need to clear appointments or skip other responsibilities to appear in court. It could cause more monetary loss in the long run than the actual grievance. Proving a case The civil judicial system in the country is based on the Code of Civil Procedure and the Indian Evidence Act. As per the legal procedure, the consumer has to take the onus to prove his case. The judge or court staff will not do this for you. They may assist you in filing the case, but when it comes to proving it, the responsibility lies with you. The court fee is to be paid in the form of a demand draft and is nominal.

The fees are as follows: Court fees For claims of up to Rs. 1 lakh (for Antyodaya Anna Yojana card holders): Nil For claims of up to Rs. 1 lakh: Rs. 100 For claims of Rs. 1 lakh to Rs. 5 lakh: Rs. 200 For claims of Rs. 5 lakh to Rs. 10 lakh: Rs. 400 For claims of Rs. 10 lakh to Rs. 20 lakh: Rs. 500 State Commission For claims of Rs. 20 lakh to Rs. 50 lakh: Rs. 2,000 For claims of Rs. 50 lakh to Rs. 1 crore: Rs. 4,000 National Commission For claims above Rs. 1 crore: Rs. 5,000