Know what is the procedure for filing a case in consumer court?
By: Y.R. Advocate Associates
Tags: Law Firm, Consumer, Act, Consumer Forum, Lawyers

Know what is the procedure for filing a case in consumer court?

In this era of Bazaarabad, the Consumer Protection Act, 1986 was enacted to protect the interests of consumers. But due to changing times and complaints, this act has now been replaced by the Consumer Protection Act, 2019. The new Act, along with being more comprehensive and rigorous, has also brought simplified dispute resolution process and provision of e-filing of complaints. Now the consumer can file his complaint in his nearest court.

In the current era of consumerism, people are competing to buy any non-essential items. Perhaps some vendors and companies are taking advantage of this. These people sometimes sell people of inferior quality, sell broken products, charge more than the fixed price, and sometimes the quantity of goods is given less.

This type of cheating happens with one or the other consumer every day. Therefore, the Government has enacted the Consumer Protection Act, 1986 to protect the interests of consumers.

However we have some laws which protect consumers to some extent which are the following:

1. Indian Contract Act, 1872

2. Sale of Goods Act, 1936

3. Food Safety and Standards Act, 2006

4. The Weights and Measures Act, 1976

5. Dangerous Drugs Act, 1952

6. Agricultural Products Act, 1937

7. Indian Standards Institution (ISI) Act, 1952 etc.

But in these laws a civil suit is filed which is very expensive and time consuming and the final decision of the case takes years.

Therefore, to solve the problem of delay in decision, the Government enacted the Consumer Protection Act, 1986 which provides solution to the problem of consumers in a short time.

The specialty of this act is that only one consumer can file a case in it. Therefore, the question now arises as to who should be considered a consumer?

According to the Consumer Protection Act, 1986, which person is a consumer?

1. A consumer is a person who has bought something by paying Rs.

2. A person who has not purchased any goods himself, but uses the goods with the permission of the buyer; He is also a consumer.

3. The person who buys goods for the purpose of selling is not a consumer.

4. The person purchasing goods for self-employment is a consumer.

Apart from the above people, the following people also fall under the category of consumer:

1. the person who is the beneficiary of the goods or services

2. Legal heirs of consumer consumers

3. Consumer Spouse

4. Consumer Relatives

Can a consumer file a complaint himself?

Yes, the consumer does not need to advocate for this. The consumer can register his own case. Even a common man who has not studied law can also file his complaint on his own.

How to file a consumer complaint

It is the duty of a consumer to formally communicate the matter through a notice to the opposition (seller or company) about the deficiency in its goods or services before filing a complaint. If the seller or company is ready to fix its product or service, then the matter ends here. But if the seller or company does not solve the consumer’s problem even after giving notice, in such a situation, the consumer court can be approached.

Any case can be raised at these three levels (District Forum or State Commission or National Commission) on the basis of its economic merit.

The procedure for filing a case in a consumer court is as follows:

step 1.

First identify the jurisdiction of the forum where the complaint is to be filed. There are two ways of determining this: -

1. In which area is the shop or center of the commodity or service provider.

2. How much is the price of the item or service.

Step 2: According to your case, you have to pay a fixed fee along with your complaint before the District Forum, State Commission and National Commission.

Step 3: After this, you have to prepare a draft of your complaint, in which you will have to tell why you want to file the case.

Step 4: In this complaint, explain how the matter comes under the jurisdiction of this forum or forum.

Step 5: At the end of the complaint letter, you must sign your signature. If you want to file a complaint through another person, then an authorization letter will have to be attached to the complaint letter.

Step 6: Be sure to mention the complainant’s name, address, the subject of the complaint, the name of the opposition party or parties, details of the product, address, claim for compensation, etc.

Step 7: copies of all documents supporting his charges; Such as bills of goods purchased, photocopies of warranties and guarantee documents, a copy of a written complaint made to the company or merchant and a copy of the notice sent to the merchant requesting to rectify the product.

Step 8: In addition to compensation in your complaint, you can ask for refund, full cost of litigation cost and interest, product breakdown and repair cost. Do not forget to write all these expenses as separate items and ask for the total compensation according to the category of the complaint forum.

Step 9: The period of making a complaint in the Act is up to 2 years after the occurrence of the incident, if there is a delay in filing the complaint, then please explain the delay which can be accepted by the Tribunal.

Step 10: You also need to file an affidavit along with the complaint, that the facts stated in the complaint are true.

Step 11: The complainant can present a complaint without any lawyer by any person or his own authorized representative. Complaint can be sent by registered post. At least 5 copies of the complaint have to be filed in the forum. Apart from this, you will also have to submit additional copies for the opposite party.

Nowadays, in the era of consumerism, the government has enacted the Consumer Protection Act, 1986 to protect the saying “consumer is king” so as to protect the interests of the consumer.

Hopefully with the help of the above steps, you will be able to protect your rights by raising voice against any exploitation or fraud committed by a shopkeeper or company.

Yogesh and Ram Bajad & Associates with law firm. A law firm is normally an organization between legal counselors who have met up to offer their skill to customers under one name. We provide you this service like — Cyber Law, criminal law, corporate law, and Tenant lawyer advice.

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