Filing A Case In Consumer Court In India
On 4th March,2020, the Supreme Court said that District Consumer Forums do not have powers to extend time for filing of version by the opposite party in a Consumer case beyond 45 days (as mentioned in the Consumer Protection Act). Coming to an agreement out of court is always preferable. To make sure your rights are defended and respected, it’s advisable to get in touch with a lawyer and have him represent you in the hearings. Legal protection for consumers in India is not as developed and sophisticated as it is in other developed nations
When You Can File a Case
According to the Consumer Protection Act, if you buy a product or service that is not meant for commercial purposes, then you are considered a consumer. Now that you know your rights, you’ll be able to take better care of your purchases. Keep in mind that it is within your right to sue a company if you are not happy with the quality of a service or product and have fulfilled an agreement – like a contract – within two years. Furthermore, you can also get a refund if a product or service causes inconvenience or damage to you. It’s also possible to represent yourself, but this may not always be your best choice. If you’re looking for specific tax registration or entrepreneurial legal services, feel free to browse the personalized list of legal services below. We’d be happy to tell you more and help your business grow!
Where to File a Case?
There are three levels at which a consumer can file a case. Each has its own jurisdiction and powers.
- District Forum: There is a District Forum for every district and it settles disputes in its jurisdiction involving claims of up to ₹20 lakhs.
- 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.
- 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.
How to File a Case
If you want to file a case, you should send a notice to the company. In your notice, include all the details of your case.
File the complaint: Choose to file a written, stamped notice of your complaint on plain paper. This document should include all the details of both parties involved. the facts related to the complaint, documents in support of allegations made in the complaint, the compensation sought, and 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
- For claims of up to ₹1 lakh (for Antyodaya Anna Yojana card holders): Nil
- For claims of up to ₹1lakh: ₹100
- For claims of ₹1 lakh to ₹5 lakh: ₹200
- For claims of ₹5 lakh to ₹10 lakh: ₹400
- For claims of ₹10 lakh to ₹20 lakh: ₹500
State Commission
- For claims of ₹20 lakhs to ₹. 50 lakhs: ₹. 2,000
- For claims of ₹50 lakhs to ₹. 1 crore: ₹. 4,000
National Commission
- For claims above ₹1 crore: ₹. 5,000
Should You Go to Consumer Court?
The goal of the Consumer Court is to give the average person a chance to get justice for themselves. Unfortunately, many of its processes make it easy for the accused company to respond without fear since most first time claimants don’t know what they’re doing. But while courts seem like an attractive solution to a problem, they are not without their drawbacks. For example, you might be confident about your case but need to weigh the costs of legal battles logically before going ahead with them.
Legal Counsel
You do not need a lawyer to represent you in consumer court, and you have 2 choices of how to proceed: either represent yourself and learn the details as best you can, or get initial paperwork from a legal professional and then take over from there.. Filing a case in consumer court is a complicated process but there’s a guide that can help the complainant out & provide them with the necessary information. Consumers should keep this checklist close by when they’re starting their case. It is not mandatory to have a lawyer but this will certainly give you some legal protection. Writing and defending a legal document is often near-impossible for those without training in the field of laws.
Expenses
Cases tend not to be expensive and can often be resolved in a shorter amount of time than other types of cases, so it’s worth filling out the form. These courts do have the power of any other court in the country but they can drag out cases for a long time which means you’ll be left with expensive bills to pay. There will be legal fees associated with any litigation you might want to further pursue. This includes things like getting your documents in order, which can add a lot of cost. And depending on the distance the court is from your business or home, there may be travel fees that come up in addition.
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 for an escalation process with the company’s problem with which you have
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.