A Consumer Court is a court established under the Consumer Protection Act, of 1986 to protect consumers from unfair business practices and resolve consumer cases in India. Consumer complaints and grievances are dealt with by the Consumer Court. Under the Consumer Protection Act, of 1986, the judiciary is designed to safeguard the interests of the consumers. The consumers can file a case in a consumer court against the seller for delivering products and services of poor quality or for harassing the consumers.
The Courts are established at three levels which is 1. District Level, 2. State Level, and 3. National levels.
- District Forum: Complaints regarding transactions of goods and services less than Rs. 1 Crore.
- State Commission: Complaints regarding transactions of goods and services between Rs. 1 Crore and Rs. 10 Crore.
- National Commission: Complaints regarding transactions of goods and services more than Rs. 10 Crore.
The law states that a dispute is filed in these forums depending on the amount of money involved. Each court has a valuation that is fixed by law.
The economy rests on consumer spending. Consumers make up the backbone of any economy. Goods and services must have a certain quality and be not defective or deficient in nature. There are many situations in which the consumer is a victim of bad service or substandard goods. The Consumer Protection Act came into force to help the consumer To provide for a redressal mechanism and remediate the consumer.
File a complaint in the Consumer Court:
STEP 1: Intimation via Notice:
A complaint must be sent by the aggrieved party to the service provider who provided the goods or the services. This notice gives the consumer information about the defects in the goods, the deficiency in the service, and the unfair business practice, and allows him to take legal action if he is not satisfied with the complaint. The notice is an attempt to settle the complaint without going to the forum if the service provider is willing to offer some kind of solution.
STEP 2: Get the Consumer Complaint Drafted:
If the service provider fails to compensate you or any other remedies offered by the Consumer Protection Act, of 1987 are not acceptable, then the next step is to file a complaint under the Consumer Protection Act, 1986. The filing of the complaint is not necessarily a requirement of having to hire a lawyer person who makes a complaint can do so by filing it with the government. Here are some details that must be specified in the complaint:
- Name, description, and address of the complainant(s) and the Opposite Party or parties.
- Cause of Action, the approximate date, time and venue.
- The relief or remedy was claimed in accordance with the facts.
- Signature and Verification by the complainant or his authorized agent.
STEP 3: Attach Relevant Documents:
Important copies of your legal documents and relevant documents that support your case in the Consumer Court are essential. These are some documents include:
- A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought
- Warranty/Guarantee certificates
- A copy of the written complaint and notice sent to the manufacturer/seller
STEP 4: Appropriate Forum:
You can file the complaint in the appropriate court for the pecuniary jurisdiction, estimated in reference to the total value of goods and services bought or availed and the amount of compensation sought.
STEP 5: Pay Requisite Court Fees:
There may be a fee charged for filing a complaint in the forum. The value of goods determines the court fee and the amount of compensation sought.
STEP 6: Submit an Affidavit:
A person who wants to file a case in the Consumer Court has to submit an affidavit in the court. The affidavit must state that the facts presented and statements made are true to the consumer’s knowledge.
