How to File a case in Consumer Court in India? 

The author, Ms. Renuka Bhalerao is a 3rd year B.Com LL. B (Hons), student at UPES, Dehradun. She is currently interning with LatestLaws.com. 

Consumer Protection is a practice through which a buyer’s interest is protected against unfair trade practices in the market. In other words, it can be defined as a term for safeguarding the consumer’s interest against malpractices adopted by sellers, service providers, manufacturers, etc. 

In India, the Protection of Consumer interest is governed by the Consumer Protection Act, 2019[1], which replaced the initial Consumer Protection Act, 1986. The 2019 Act provides for the protection of consumer interest and for the establishment of authorities for the timely and effective settlement of disputes concerning consumer rights.[2]  The act defines Consumer Rights as; 

• Right against the marketing of hazardous goods, 
• Right to be informed, 
• Right to be heard, 
• Right to be assured,
• Right to seek redressal and 
• Right to consumer awareness.[3]

Who can file a case in Consumer Courts?

A complainant who is not satisfied with the standard of the goods delivered or with the quality of service rendered has a right to file a consumer complaint against a business or the service providers. The 2019 act specifies that the word complainant means; 

• A consumer, 
• One or more consumers having the same interest, 
• Legal heirs of a consumer in case of his death,
• Parents or guardians of a minor consumer 
• A registered Consumer association, 
• Central or State Government, 
• Central Authority.[4]

The complaint can be either filed by the complainant directly or through an authorised person on behalf of the consumer and, shall be duly signed and verified by the complainant or the authorised person. 

Steps for filling Consumer Complaint:

1. Notice: The first and foremost step is to send a formal notice to the service provider, expressing the concerns of the aggrieved party. The notice act as a communication of the intention of the complainant to resort to litigation in case of further failure and also act as an attempt to settle the dispute without resorting to Consumer Forums. 
2. Response from the Vendor: After sending the formal legal notice, the next step is to wait for the vendor’s response. After the expiry of 15 days after the date of the notice, if the complainant does not hear from the service provider or the vendor, then he/she can resort to the appropriate consumer forum. 
3. Drafting of Consumer Complaint: If the complainant does not receive compensation or any other remedy from the vendor or the service provider, then the next step is to file a formal complaint under the 2019 Act. The complaint shall consist of the following details:
   1. Name and address of the Parties 
   2. Cause of action
   3. Appropriate time, date, and venue when the cause of action arose. 
   4. Relevant facts related to a dispute
   5. The relief or remedy sought by the complainant 
   6. Particulars of purchase of the goods (e.g., bills, details of service availed, etc.)
   7. Duly signed and verified by the complainant or any other person on its behalf. 
4. Selection of Appropriate Forum: The next steps involve choosing the appropriate forum for filing the complaint, depending upon the pecuniary jurisdiction estimated with reference to the total value of goods or services and the amount of compensation sought by the complainant. 
5. Payment of Court fees: A prescribed fee, depending upon the forum, is required to be paid with the complaint. The calculation of the court fee depends upon the value of the goods under dispute and the amount of compensation which is sought by the complainant. 
6. Submission of Affidavit: An affidavit acknowledging the facts and statement in the complaint, is required to be submitted by the complainant or any person authorised on the complainant’s behalf.

Jurisdiction of Forums 

1. District Commission: 

The district commission has the jurisdiction to entertain consumer disputes whose pecuniary value (i.e., the value of goods or service paid as consideration) does not exceed the amount of Rs. 1 crore,[5] and in cases where all the opposite parties or one of them ordinarily or voluntarily resides, or carry business, or where the cause of action arises. The suit can also be instituted if the place where complainants reside or personally work for gain is within the jurisdiction of the district commission.[6]

2. State Commission: 

The State Commission has jurisdiction to entertain consumer disputes whose pecuniary jurisdiction exceeds Rs. 1 crore, but not exceeding the amount of Rs. 10 crore. For complaints against unfair contracts the value of goods or services paid as consideration shall not exceed Rs. 10 crores,[7] and, where all the opposite parties or one of them ordinarily or voluntarily resides or carries on any business, or where the cause of action arises. The suit can also be instituted if the place where complainants reside or personally work for gain is within the jurisdiction of a state commission.[8]

3. National Commission: 

The National Commission has jurisdiction over the matters whose pecuniary limit exceeds Rs. 10 crores, in an appeal against the orders of any State commission, an appeal against Central Authority’s order and to call for records in any matter pending before the State Commission or where the state commission wrongly applied its jurisdiction.[9]

The power, authority, or jurisdiction of the commission can be exercised by its branches and the President can constitute more than one branch to carry out the functions.[10]

Procedure after admission of complaint:

District Commission: On admission of the complaint, the district commission shall first refer the case for mediation, & on the failure of settlement through mediation, the commission shall proceed with the consumer complaint.

The district commission shall refer the copy of the plaint to the opposite party within 21 days from the date of admission of the plaint. The copy if referred with the view to allow the other party to present his side of the case shall be submitted by the other party within 30 days or a such extended period not exceeding 15 days. [11]

If the complainant alleges certain defects which are determinable without analysis, the district commission shall obtain the sample of such good from the complainant and send it for testing in the appropriate laboratory, whose report shall be submitted before the commission within 45 days. 

The complainant can make an application before the state commission to transfer any dispute pending before a district commission under its jurisdiction, to another district commission under its jurisdiction.[12]

State Commission: The consumer can either directly file a complaint before the state commission or an application can be made in form of an appeal from the order of the District commission, on the ground of question of law or fact, within 45 days of such order.[13] The state commission also has the power to review any order passed by it, either by its own motion or upon the application by the party, if in such order there is an error that is apparent on the face of the record.[14]

National Commission: The National commission is vested with the power to review any order passed by it, either on its own motion or on an application made by a party within 30 days of the order, if there is an error apparent on the face of it.[15] The commission also has the power to transfer any case, on the application of the complainant or on its own motion, from the jurisdiction of a District commission of a state to a district commission of another state, or from one state commission to another state commission.[16]