India is much behind on consumer rights than many first world countries, where many of the rights we still have to go to Consumer Court for are written in law. But taking the big guys to court is exactly how to get those rights. In this article , all you need to know about getting a case in court

Consumer Court

According to the Consumer Protection Act, a person who buys a product or purchases a service, for use and not for commercial purposes, qualifies as a consumer. This means you can file a case in consumer court if you aren’t satisfied with the quality of a service or the standard of a product you’ve purchased or have agreed to purchase within two years of the grievance. Furthermore, as a consumer you can also seek compensation for any inconvenience or damage caused by a faulty product or service. And yes, you can represent yourself (although not always advisable). If you’re looking for specific legal services related to tax registration or startup business, you might want to browse the services below to see how our team of experts that assures you to run the business smoothly

On 4th March 2020, the Supreme Court said that District Consumer Forums do not have the power to extend the time for filing of a version by the opposite party in a Consumer case beyond 45 days (as mentioned in the Consumer Protection Act). The consumer dispute redress-al forums in India are quasi-judicial bodies where you can file a complaint without the help of any lawyer. However, the common practice is to hire an experienced advocate to handle such disputes. The dispute resolution mechanism for consumers in India is not as advanced as in other developed nations.

There are three levels at which a consumer can Submit a case. Each has its own jurisdiction and powers.

1. District Forum: There is a District Forum for every district and it settles disputes in its jurisdiction involving claims of up to ₹20 lakhs.
2. State Commission: The State Commission hears cases where the value of the claim is between ₹20 lakhs and ₹1 crore and those cases within the state which have been appealed against the District Forum’s decision.
3. National Consumer Disputes Redressal Commission (NCDRC): The NCDRC hears cases which have been appealed against the decision of the State Commission and those in which the claimed sum exceeds ₹1 crore.

Types of Consumer Court

In India, the Consumer Protection Act of 2019 provides for the establishment of consumer courts at the national, state, and district levels. These courts are also known as consumer forums or consumer dispute redressal commissions. Seek justice for consumer grievances – file a case in consumer court for resolution. Your rights matter, and we’re here to help.

National Consumer Disputes Redressal Commission (NCDRC)

The National Consumer Disputes Redressal Commission (NCDRC) is the apex consumer court in India. It was established in 1988 and is located in New Delhi. The NCDRC hears appeals against the orders of the state consumer commissions and has the power to entertain complaints involving claims of more than Rs. 1 crore.

State Consumer Disputes Redressal Commission (SCDRC)

Each state in India has its own State Consumer Disputes Redressal Commission (SCDRC). The SCDRC is the second-highest consumer court in India and hears appeals against the orders of the district consumer forums. The SCDRC has the power to entertain complaints involving claims of more than Rs. 20 lakhs but less than Rs. 1 crore.

District Consumer Disputes Redressal Forum (DCDRF)

The District Consumer Disputes Redressal Forum (DCDRF) is the lowest consumer court in India. Each district in India has its own DCDRF. The DCDRF hears complaints where the value of goods or services and the compensation claimed does not exceed Rs. 20 lakhs.

Consumer Mediation Cell

Apart from the above-mentioned consumer courts, the Consumer Protection Act, 2019 also provides for the establishment of Consumer Mediation Cells. These cells are set up at the district, state, and national levels and aim to resolve consumer disputes through mediation.

Step-by-Step Procedure in Consumer Court

Send a notice: Before filing a case, It is advisable to send a legal notice for defective goods, stating all the facts of the case, to the registered office of the company.

File the complaint: Once done, the consumer complaint can be filed on plain paper. It should contain the name, description and address of the complainant and the opposite party, the facts related to the complaint, documents in support of allegations made in the complaint, the compensation sought, and the signature of the complainant.

Pay court fees: The court fee is to be paid in the form of a demand draft and is nominal.

The fees are as follows:

Court fees

1. For claims of up to ₹1 lakh (for Antyodaya Anna Yojana card holders): Nil
2. For claims of up to ₹1lakh: ₹100
3. For claims of ₹1 lakh to ₹5 lakh: ₹200
4. For claims of ₹5 lakh to ₹10 lakh: ₹400
5. For claims of ₹10 lakh to ₹20 lakh: ₹500

State Commission

1. For claims of ₹20 lakhs to ₹. 50 lakhs: ₹. 2,000
2. For claims of ₹50 lakhs to ₹. 1 crore: ₹. 4,000

National Commission

1. For claims above ₹1 crore: ₹. 5,000

Should You Go to Consumer Court?

Consumer court online and its procedures were created to empower the consumer. The processes for filing and having a case heard were intended to be relatively simple so that the layman would be able to get justice on his own, without much working knowledge of the intricacies of the law. But consumer courts are not without their own set of drawbacks. 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 of 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 expensive 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 traveling costs as well.

Be Cautious

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 choose 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.

You must take into account the value of your suit before you file your complaint before the district consumer forum. You should bear in mind that if the value of your suit is above ₹. 20 lacs, then the district forum does not have the authority to accept the suit. In such a case, you will have to move to the state consumer forum.

Conclusion 

Our team hopes you found our information regarding filing the case to be sufficient and helpful. If you still have any questions or would like any assistance, please feel free to contact our team or leave us a comment below.

FAQs

What is a consumer court in India? A consumer court in India, also known as a Consumer Disputes Redressal Commission or Consumer Forum, is a legal forum established to protect the rights and interests of consumers and resolve disputes related to defective goods or deficient services.

How many levels of consumer courts are there in India? In India, consumer courts have three levels: District Consumer Disputes Redressal Forum State Consumer Disputes Redressal Commission National Consumer Disputes Redressal Commission

What types of cases can be filed in a consumer court? Cases related to defective products, substandard services, unfair trade practices and other genuine consumer grievances can be filed in consumer courts.

Do I need a lawyer to file a case in a consumer court? While legal representation is not mandatory, it’s advisable to consult an expert from Vakilsearch for guidance and assistance in filing a case to ensure that the legal process is followed correctly.

How do I file a case in a consumer court? To file a case in a consumer court, you need to submit a written complaint with the appropriate forum, along with the prescribed fee and necessary documents.

What documents are required when filing a consumer court case? Typically, you’ll need to provide documents such as invoices, receipts, agreements, correspondence with the opposite party, evidence of the defective product or deficient service and your identity proof.

What is the time limit for filing a complaint in a consumer court? The time limit for filing a complaint in a consumer court is within two years from the date of the cause of action, meaning the date when the consumer grievance or dispute arose.

What is the cost involved in filing a case in a consumer court? The filing fee for a consumer court case varies based on the value of the claim and the forum. It can range from a nominal fee to a moderate amount.

How long does it take for a consumer court case to be resolved? The time for resolution can vary, but consumer court cases are typically resolved within a few months to a few years, depending on the complexity of the case and the backlog of cases in the respective forum.

What remedies can I expect from the consumer court if my case is successful? If your case is successful, the consumer court may order compensation, replacement of goods, repair of defects or refunds.

How can I file a case in consumer court India? To file a case in the consumer court in India, submit a complaint outlining details of the dispute, evidence, and relief sought. Follow the prescribed format for the respective court tier, ensuring all necessary documents are attached.

 

Is it worth going to consumer court? It’s often worthwhile to approach the consumer court when facing unresolved grievances with products or services. The court provides a structured process for resolution, aiming to protect consumer rights and ensure fair compensation.

 

Do I need a lawyer for consumer court in India? While legal representation is not mandatory in consumer court, having a lawyer can enhance your case. They provide expertise in navigating legal complexities, ensuring proper documentation, and presenting a compelling argument for a favorable resolution.

 

How do I send a consumer court notice? Draft a consumer court notice detailing the grievance, relief sought, and a reasonable timeframe for resolution. Send it through a registered post with acknowledgment due, retaining a copy for your records. This formal communication often precedes legal action.

 

How long does consumer court take? The duration of consumer court proceedings varies. While some cases resolve swiftly, others may take months or even years. Factors such as case complexity, backlog, and the tier of the consumer court influence the timeline.

 

Can I file a case in consumer court without a bill? While having a bill strengthens your case, you can still file a complaint in the consumer court without it. Provide alternative proof of purchase, like payment receipts or correspondence, and clearly articulate the grievance for the court’s consideration.