The Consumer having a dispute can approach the Consumer Court as per the pecuniary jurisdiction with the assistance of the lawyer and file a consumer complaint against the accused defaulter. The Act also classifies the goods and services which are covered under the ambit of the Consumer Protection Act. Step by step Legal Procedure of consumer case Filing in India. A complete consumer law guide.

Consumer Court^[1] is a special purpose court in India that deals with cases regarding consumer disputes, conflicts and grievances. They are judiciary hearings set up by the government to protect the consumers' rights. Its main function is to maintain the fair practices & contracts by sellers. Consumers can file a case against a seller if they are cheated or exploited by sellers. The court will only give a verdict in favour of the consumers/customers if they have proof of exploitation, i.e., bills or purchase memos. If a consumer does not have the proper documents required for filing a case then it would be very difficult for the consumer to win or even file a case.^[2]

Rights provided by consumer courts[edit]

The consumer rights provided by consumer courts in India are:

1. Right to Safety: The right to be protected from all types of hazardous goods and services
2. Right to Information: The right to be fully informed about the performance and quality of all goods and services
3. Right to Choose: The right to free choice of goods and services
4. Right to be Heard: The right to be heard in all decision-making processes related to consumer interest
5. Right to Redressal: The right to seek compensation, whenever consumer rights have been infringed
6. Right to Consumer Education: The right to complete consumer education^[3]

List of consumer courts in India[edit]

1. National Consumer Disputes Redressal Commission (NCDRC): A national level court works for the whole country and deals compensation claimed exceeds rupees ten crore. The National Commission is the Apex body of Consumer Courts; it is also the highest appellate court in the hierarchy.
2. State Consumer Disputes Redressal Commission (SCDRC): A state level court works at the state level with cases where compensation claimed is above one crore to ten crores. The State Commission also has the appellate jurisdiction over the District Forum.
3. District Consumer Disputes Redressal Forum (DCDRF): A district level court works at the district level with cases where the compensation claimed is up to one crore.^[4]

Process to file a complaint[edit]

Euro truck simulator 2 game download. The Process to file complaint with Consumer Courts in India is to file a complaint, first you will need to buy a copy of the Consumer Protection Act. The format for filing a complaint is simple with the guidelines being provided as well. It is advisable to draft your complaint in a clear and concise manner testifying the facts and support it with the mandatory documentation.

• Along with your complaint and the affidavit, you must attach a list of documents that you are submitting as part of evidence and references in the complaint file. Make sure that you attach only photocopies of the evidence documents.

• Sign and attach a Vakalatnama long with your documents. This will give your lawyer the authorization to represent your case in the court.

Consumer movement[edit]

The consumer movement as a social force originated with the necessity of protecting and promoting the interests of consumers against unethical and unfair trade practices. Rampant food shortages, hoarding, black marketing, adulteration of food and edible oil gave birth to the consumer movement in an organized form in the 1960s.

The movement succeeded in bringing pressure. A major step was taken in 1986 by the Indian government with the enactment of the Consumer Protection Act of 1986 (COPRA).^[2]

Objectives[edit]

The main function of consumer court is to provide some extra privilege to the consumers and to maintain the practice by the seller of the service provider toward the consumer. Submitting complain is very simple and a consumer has no need to hire any lawyer. Approaching a consumer court is very simple and extremely cheap as one can represent oneself without having to hire a lawyer and not required to pay any court fee but just a nominal fee.^[2]

See also[edit]

References[edit]

1. ^'National Consumer Forum India'.
2. ^ ^abc'CONSUMER PROTECTION AND NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION'. NCDRC. Archived from the original on 21 July 2011. Retrieved 18 December 2012.
3. ^Insta Remedy & Technology Solutions Private Ltd. (21 March 2017). 'Consumer Courts in India'.Cite journal requires journal= (help)
4. ^'DCDRF, Raigad'. Archived from the original on 10 April 2009. Retrieved 4 January 2013.

As a consumer you have the right to file a consumer case if you do not receive your money's worth. The Consumer Protection Act defines a consumer as any person who buys goods or services. However, there are certain conditions to it. Not every person is a consumer. Any person who buys goods or services for commercial use is not a consumer. Only those who buy goods or services for personal use or for use in self-employment are consumers in the eyes of law. Persons who use goods or services bought by another person are also consumers, but only if they do so with consent of such person.

Conditions for Filing a Consumer Case Windows 10 loader 64 bit indir gezginler.

The following persons can make a complaint under this Act.

• Any consumer as per the Act or his legal heirs
• A Voluntary Consumer Association
• The Central or State Government, or
• More than one consumer when there is a large number of consumers with the same interest in the case.

Moreover, a complaint can be made in following cases.

• Defective goods or deficient services.
• Unfair practices by the trader or service provider.
• Hazardous goods or services.
• Charging excess price from consumers.

A consumer dispute will arise when the opposing party denies the claims made in the complaint.

Procedure for Filing a Consumer Case

First and foremost, it is not necessary to hire a lawyer for consumer cases. However, if you are not well-versed with the entire process, you can choose to hire one. It is possible to search for a good lawyer for consumer cases through a online search. All you need to do is specify your search parameters, and you will find an entire list of lawyers specializing in consumer law.

However, whether you hire a lawyer or file a complaint yourself, the procedure remains the same. There is no set format for filing a consumer case. This means that you or your lawyer can even file a complaint on plain paper. It can be sent by post to the appropriate forum or commission. Moreover, you need to keep in mind that before filing a complaint, you need to serve a legal notice to the other party. An outline of other details is below.

Consumer Case in District Consumer Forum

You or your lawyer can approach the district forum if the case involves a value up to Rs. 20 lakh. The court fee ranges between Rs. zero to Rs. 500. Every district will have such a forum and for matters up to Rs. 20 lakh, you will need to approach the district forum only, irrespective of the nature of the complaint. For instance, consumer cases in Delhi will get segregated according to the amount involved, and so will cases in Mumbai or any other city.

Consumer Case in the State Consumer Forum

You can approach the State forum if the amount is more than Rs. 20 lakh but less than Rs. 1 Crore. The court fee ranges between Rs. 2000 and 4000. You can also challenge the order of the district forum here.

Consumer Case in the National Commission

You can approach the national commission directly if the amount of the case is ore than Rs. 1 Crore. Moreover, you can also file an appeal against the order of State Forum within 30 days. The court fee is Rs. 5000 which is applicable only filing a complaint. This means that there is no fee for filing an appeal.

So, it's clear that filing a consumer case is an easy task. Therefore, in case of any kind of dissatisfaction with the goods or services that you have bought; you can file a consumer complaint to make full use of your rights under the Consumer Protection Act.