How to file a case in consumer court

By Team Legal Helpline India, March 12, 2019

How to file a case in consumer court explained by our expert consumer court lawyer with stages? Important tips on how to file a case in consumer court by expert consumer lawyer. The format of notice of consumer court and the consumer complaint can be downloaded free from our site.

TIPS ON HOW TO FILE CASE IN CONSUMER COURT:

STEP ONE OF HOW TO FILE CASE IN CONSUMER COURT involves collecting all the documents related to the consumer dispute. The document can be  receipt of the goods or services purchased, the warranty card, guarntee card etc.

STEP TWO OF HOW TO FILE CASE IN CONSUMER COURT

The second and the most important step of how to file case in consumer court is notice. The notice should be issued to the orginal manufacturer or the dealer through e mail or speed post.

The contents of the notice should be very specific. The consumer notice should contain the date of purchase, the value. A Consumer notice should also contain the specific details of the complaint. Consumer notice should also contain the specific details of the deficiency and the problem. The period of compliance of the notice should also be mentioned specifically in the notice. 

STEP THREE OF HOW TO FILE CASE IN CONSUMER COURT

After the time given in the notice period of the consumer notice expires; the case at the consumer court is to be filed. The name and address of the dealer, the details of the goods and services should be given correctly. A detailed statement of the dispute alongwith the specific prayer should also be made.

STEP FOUR OF HOW TO FILE CASE IN CONSUMER COURT

A consumer complaint with all documents and the requisite fees is also to be filed before the court. The consumer court issues notice on the complaint against the opposite party.

The courts thereafter adjudicates the complaint to pass the final order on the consumer complaint.

BRIEF DESCRIPTION ABOUT THE CONSUMER LAWS

Consumer Protection Act, 1986 was enacted by the Parliament to safeguard the interests of the consumers. This Act was amended in 1991, 1993 and 2002 taking care of the developments in consumer laws. The Consumer Protection Act, 1986 defines that who is a consumer. Section 2 (1) (d) of the Consumer Protection Act, 1986 defines consumer. Consumer is any person who buys or avails of any service for a consideration which has been paid or promised or partly paid and partly promised under any system of deferred payment etc.

CONSUMER RIGHTS:

The Consumer Protection Act, 1986 defines the rights of the consumer broadly in following terms:

The right to be protected against the marketing of goods and services which are hazardous to life and property.

The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services as the case may be, so as to protect the consumer against unfair trade practices.

The right to be assured, wherever possible, access to a variety of goods and services at competitive prices.

The right to be heard and to be assured that consumer’s interests will receive due consideration at appropriate fora.

The right to seek redressal against unfair trade practices for restrictive trade practices or unscrupulous exploitation of consumers and

The right to consumer education.

To protect the rights of the consumer under The Consumer Protection Act, 1986 a three tier system was created. It is mainly a  quasi-judicial consumer disputes Redressal machinery at the District, States and National levels.  It is a simple mechanism to decide the complaint of the consumer in very simple ways. The system is a three lawyered set up of adjudication mechanism.

CONSUMER COURT LEVELS:

National Consumer Disputes Redressal Commission

35 State Consumer Disputes Redressal Commissions

618 District Consumer Disputes Redressal Commissions

The aggrieved consumer can file its complaint before these fora’s based upon the valuation. The jurisdiction of the courts is mainly territorial and pecuniary. The consumer located within the territory of the forum can file its complaint there.

Besides that, the cause of action for filing the consumer can arise at other places i.e. the place where the goods or services were purchased or delivered. The place where the shop or the service provider is located.

The value involved with the goods, determines the level at which the complaint can be filed.

These are important to determine the valuation wise forum –

District Consumer Disputes Redressal Forum- Complaints value upto Rs-20 Lakhs.

State Consumer Disputes Redressal Commissions- Complaint value 20 Lakhs to 1 Crore

National Consumer Disputes Redressal Commission- Value above 1 Crore

The complaint fee should be paid by Demand Draft or Pay Order. As determined under the notification.

These Redressal agencies have the jurisdiction to adjudicate the complaints received from consumers against any defect in the goods purchased or deficiencies in the services availed or any other trade practice.

The Consumer Protection Act further provides for the establishment of Consumer Protection Councils at the Central, State and District levels which are Advisory Bodies to promote and protect the rights of consumers.

ONLINE LEGAL SERVICES BY EXPERT CONSUMER LAWYER.

Drafting of consumer notice and consumer complaint on nominal costs online. Send all documents with details.

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