Any consumer in India feel cheated after availing any product and service from any manufacturer or service, they can knock the door of Consumer Forum to get remedies and compensation for their loss under the Consumer Protection Act 2019. In this article we will discuss about how a complainant can register their complaint in consumer court in India.
So, without wasting any further time lets dive into our topic directly,
Know your Jurisdiction: Depending on the value of the products or services in question and the seller's or service provider's location, consumer complaints are filed with the relevant consumer court. The Indian consumer dispute resolution system is comprised of three tiers: the State Consumer Disputes Redressal Commission (State Commission), the National Consumer Disputes Redressal Commission (National Commission), and the District Consumer Disputes Redressal Forum (District Forum). Every commission have their respective limit of a monetary loss as defined hereinafter:
District Consumer Disputes Redressal Forum: Up to 50 Lacs
State Consumer Disputes Redressal Forum: From 50 Lacs to 2 Crores
National Consumer Disputes Redressal Forum: Above 2 Crores
Complaint Drafting: Write down a detailed and brief complaint which includes the name of the complainant, father’s name and address of the complainant and the address of the other party (manufacturer or service provider) a clear statement of facts, what are the remedies and compensations the complaint are looking for, and the photocopy of all the relevant documents whatever is available with the complainant bills, agreements, invoices and the communication with the other side (if any). While filing the complaint in consumer court the communication should be in a documented way like through letter, WhatsApp, or any electronic mode or physical way.
Complaint Filing: The complainant can file their complaint in consumer court through an advocate in the jurisdiction of the complainant. The applicant has to file the complaint with proper number of copies and all the relevant documents available to them. There are a nominal fee of filing a consumer complaint in the court. The fee may differ from state to state and from jurisdiction to jurisdiction. So, the complainant should know the proper fees before filing the complaint to the court and this fees is excluding the lawyer and advocate fees. The lawyer and advocate fees depends upon the lawyer, the complainant is engaging for himself/herself.
Case Hearing: After the complainant files the complaint in consumer court through the advocate, the concerned consumer court will issue notice/summon to the other side/ opposite party and fix a date for hearing of the case that has been filed. Both the parties will have an equal opportunity to represent their arguments and evidences before the Judge for fair trial.
Judgement: The consumer court will hear both the parties, will examine the arguments and evidences presented by both the parties and will pass necessary judgements. The judgements may include necessary direction as well to the opposite party regarding the amount of compensation, appropriate refund, replacements for products, litigation cost and any such other order/orders may deem fit and proper.
Appeal against the Judgement: If any party in connection with the concerned case is not satisfied with the judgement passed the learned consumer court, they can file for an appeal in the higher forum to review the judgement and present their case for a favorable judgement in their favor.
Conclusion: Last but not the least if any one feel cheated after buying or taking any service or product, they should approach to the consumer court to file complaint to seek proper compensation and relief from the other side. Till date there are many people who is unware of the process and they thinks that it will be long legal battle to fight, but believe me you should file a complaint- ITS YOUR RIGHT. If anyone think that they cannot file a complaint in consumer court just because they don’t know any such advocated or experts to help them out, they should immediately connect to Online Legal India as they have vastly experienced experts and advocates. The advocates of Online Legal India has catered to a lot of clients with an immense success rate.
Komentar