A consumer's ability to make purchases of goods and services makes them the foundation of an economy. The products and services should ideally be of a specific caliber and free from flaws or deficiencies.
Introduction
A consumer’s ability to make purchases of goods and services makes them the foundation of an economy. The products and services should ideally be of a specific caliber and free from flaws or deficiencies. However, there are several instances in which the Consumer is the victim of poor service or subpar goods. The Consumer Protection Act of 1986 went into effect to protect consumers and offer a process for grievances.
What Is a Consumer Court?
Consumer Court was established in India to resolve and decide issues under the Consumer Protection Act, 1986. These courts have been set up at the district, state, and federal levels. According to the legislation, a disagreement is brought before one of these courts based on the available funding, meaning that each Court has a set legal valuation.
Type of Consumer Cases That Go to Court
A consumer court hears cases involving a disagreement between a consumer and a trader or seller. The cases must involve either poor service, harmed goods or services, unfair or restricted business activities, or damaged goods. A consumer court may also handle cases involving the general public in the range of consumer disputes.
When to File a Complaint
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. It 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.
Places to File a Consumer Case
There are three levels at which a consumer can file a case. Each has its own jurisdiction and powers.
District Consumer Forum
You can submit the complaint on plain paper, and you can submit it in person, through an authorised agent, via registered mail or standard mail after it has been notarised. Prior to submitting the complaint, it is crucial that you serve the opposing party with the personal or formal notice.
State Consumer Forum
Within 30 days after passing the ruling, cases where the value of the products or services above ₹20 lakh can be submitted and district forum decisions may be contested here.
For cases costing more than ₹20 lakh and up to ₹50 lakh, the court price is ₹2,000; for cases costing up to ₹1 crore, the court fee is ₹4,000. The demand draught should only be payable in that state and be made out to the registrar, (name of) state commission.
National Consumer Disputes Redressal Commission (NCDRC)
A disgruntled customer has one month from the date of the order to appeal a state commission judgement or submit a complaint directly with the national commission. The demand draft should be made out to The Registrar, National Consumer Disputes Redressal Commission, and the court cost is Rs 5,000.
Before the state or national commission, there are no filing fees. Within 30 days, you have the right to file an appeal with the Supreme Court against the national commission’s rulings.
Procedure to File a Consumer Case
- Step 1: Send a notice- Before filing a case, it is advisable to send a legal notice, stating all the facts of the case, to the registered office of the company
- Step 2: File the complaint- Now you can file the complaint on a plain paper. It should contain the name, description, and address of the complainant and the opposite party, the facts related to complain, documents in support of allegations made in the complaint, the compensation sought, and the signature of the complainant
- Step 3: Pay court fees- You should pay the court fees in the form of a demand draft
- Step 4: Submit an affidavit.
Time Limit to File a Case in The Consumer Court
A consumer complaint should be made within two years of the day the claim, service issue, or product fault first appears. The complainant should convince the District Forum that he/she has good cause for failing to file the complaint before the two-year deadline in order for the law to let the Consumer do so. If the delay is acceptable and can be explained, it can be excused.
Conclusion
If a firm does not provide acceptable service or helpful items, customers have the right to file complaints and ask for compensation in a consumer court or forum. If a vendor sold you a subpar product or a service provider provides you with insufficient service, you may also be able to seek legal remedies by filing a consumer complaint. Knowing the Consumer Protection Act will give the consumer an edge with the problems that might arise in the consumer sector.
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