What is the Process of Filing a Case in Consumer Court?

India is one of the largest democracies in the world and the woe of every citizen in this country has to be heard. India gives complete rights to its citizens to file a case in court then so that justice is served. One such way to hear the woes of citizens and the consumer is through the National Consumer Disputes Redressal Commission (NCDRC).

These NCDRCs are nothing but the quasi-judicial bodies of India where you can file a complaint as a consumer without any help or hiring a lawyer. As we all know that to settle legal disputes, you have to hire a lawyer. But you don’t need to do so in a Consumer Court.

However, the consumer court of India is not very advanced but it does help grant rights to the consumer with ease. Let’s see the procedure and power of the Consumer Court.

Jago Grahak Jago

The Consumer Court is divided into 3 levels:

District Commission:There is a District Forum for every district and it settles disputes in its jurisdiction.
State Commission:At the state commision, the State Consumer Disputes Redressal Commission is present.
National commission:Cases that have been appealed against the decision of the State Commission.

The court allowed us as Indian or a consumer to file a case against a company or an individual from whom the products belong or are brought from. The legal procedures and filing a court case in a consumer court are designed in such a way that the consumers are empowered and heard.

But you will be glad to know that the process of filing a case is a little easier than usual, as you don’t always need a lawyer to do so. The procedure allows any of us to get justice, yet there are a few things you must consider or think twice about.

Also Read: How to Legally Change Your Name in India?

In general, you don’t need a lawyer to file a case in consumer court. But it is a fact that you will need guidance and constant tips on how to file a case with proper proof. You must consider hiring a lawyer to complete all your initial work, and then you can handle the matter yourself with ease.

Hiring a lawyer will help you stay educated on different legal matters, and will help you pave your way through the case. Filing a case in consumer court isn’t considered to be expensive. However, your case can be dragged on for years like other cases and other courts.

You will need to abandon a lot of your responsibilities and allot a lot of your time on the case. If it is a small matter that can be solved, then consider solving it with mutual understanding without dragging the same matter to court.

Consumer court cases take a lot of hearings, time, and effort. These cases can be dragged and this can lead to monetary loss. The responsibility of proving the cases and serving the pieces of evidence depends upon you. You must provide proper evidence to win the case and avoid complications.

How to File a Case in Consumer Court?

Filing a case in Consumer Court:

Under 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. If you are not satisfied with the product or the service provided then you have the right to file a case. You can also go for compensation and other methods to get justice instead of filing the case directly.

Also Read: How to Start Import & Export Business in India?

You can file a case at three levels, namely:

  • District Level:

This is the first level of the Consumer Court and is established at the district level. It deals with complaints where the value of goods or services involved is up to Rs. 20 lakhs.

  • State Level:

This is the second level of the Consumer Court and is established at the state level. It deals with complaints where the value of goods or services involved is between Rs. 20 lakhs to Rs. 1 crore.

  • National Level:

This is the highest level of the Consumer Court and is established at the national level. It deals with complaints where the value of goods or services involved is above Rs. 1 crore.

Consumer Court Structure

How do you file a case?

  1. Firstly, you will have to send a legal notice to the company or to the registered office of the business or company stating the legal reasons for filing the case.
  2. After doing so, you can file a complaint on plain paper.
  3. State the legal reasons, details of the company, address, compensations, and allegations along with the signature of the complainant.

Consumers can file complaints in the Consumer Court either by themselves or through an authorized representative. The complaint must contain details such as the name and address of the complainant, the name and address of the opposite party, the details of the goods or services, and the relief sought.

Expenses:

  • For claims of Rs. 1 lakh to Rs. 5 lakh: Rs. 200
  • For claims of Rs. 5 lakhs to Rs. 10 lakhs: Rs. 400
  • For claims of Rs. 10 lakh to Rs. 20 lakh: Rs. 500
  • For claims of Rs. 50 or 20 lakhs to Rs. 1 crore: Rs. 4,000 and 2000 respectively.
  • For claims above Rs. 1 crore: Rs. 5,000

Also Read: How to do GST Registration Online?

Hire a lawyer, and let them do the initial paperwork for you. You can proceed with evidence and fight your case with ease. The Court has the power to order compensation, refund, replacement, or any other relief as deemed fit. The decisions of the Court are binding and can be enforced like a court order.

If You Have a Consumer Grievance?

Call the toll-free number and register your grievance1800-11-4000 or 1915
SMS on this number8800001915
Register using the NCH appconsumerhelpline.gov.in
Register using NCH appDownload the App
Register using UMANG appDownload the App

Frequently Asked Question:

Q: What is the Consumer Disputes Redressal Forum or Consumer Court?

A: The Consumer Disputes Redressal Forum or Consumer Court is a legal body in India that is established to address consumer disputes and grievances.

Q: What is the jurisdiction of the Consumer Court?

A: The Consumer Court has jurisdiction to deal with complaints related to the purchase of goods or services and compensation claims of up to:

Rs. 20 lakhs at the district level
Rs. 20 lakhs to Rs. 1 crore at the state level
Rs. 1 crore at the national level

Q: Who can file a complaint?

A: Anyone who has purchased goods or services for personal use or consumption can file a complaint. The complaint can be filed individually or collectively.

Q: What kind of complaints can be filed?

A: Complaints related to any defect, deficiency, or unfair trade practices can be filed even related to medical negligence, banking, and insurance services are also covered.

Q: What is the procedure?

A: The complainant needs to submit a written complaint, along with supporting documents.

Q: What are the powers of the Consumer Court?

A: The Consumer Court has the power to order compensation, refund, replacement, or any other relief as deemed fit.

Q: Is there a fee for filing a complaint?

A: Yes, there is a nominal fee for filing a complaint. The fee depends on the value of your goods or services involved in the complaint.

Q: Can a consumer appeal against the decision of the Court?

A: Yes, a consumer or opposite party can appeal against the decision of the Court.

Leave a Reply

Your email address will not be published. Required fields are marked *