Submit a Case to India's Consumer Court

On March 4, 2020, the Supreme Court ruled that District Consumer Forums do not have the authority to extend the 45-day deadline for the opposing party to file a version in a Consumer case (as stipulated by the Consumer Protection Act). You can file a complaint without the assistance of a lawyer in India's consumer dispute redressal forums, which are quasi-judicial institutions. However, hiring an experienced attorney to handle such disputes is common practice. India's consumer dispute resolution system is not as advanced as that of other developed nations.

A person who purchases a product or service for personal use and not for commercial gain is considered a consumer under the Consumer Protection Act. If you are dissatisfied with the quality of a service or the standard of a product you have purchased or agreed to purchase within two years of the complaint, you are entitled to file a case in consumer court. As a consumer, you can also seek reimbursement for any harm or inconvenience caused by a defective product or service. You can, indeed, represent yourself (though not always in a good way). Check out the services below if you're looking for specific legal help with tax registration or starting a business to see how our team of experts can help you run your business smoothly.

A customer can file a case at any of three levels. Each has its own powers and jurisdiction.

• Forum for Districts: There is a Locale Discussion for each region and it resolves questions in its ward including cases of up to ₹20 lakhs.
• Commission State: Cases within the state that have been appealed against the District Forum's decision are heard by the State Commission. These cases range in value from 20 lakhs to 1 crore.
• National Commission for Consumer Dispute Resolution (NCDRC): The NCDRC hears cases in which the State Commission's decision has been appealed and where the amount sought is greater than one crore yen.

Procedure

Instructions for Sending a Notice: Sending a legal notice to the company's registered office with all of the facts of the case is recommended before filing a case.

Send your complaint in: The consumer complaint can then be filed on plain paper once completed. It ought to include the complainant's name, description, and address, as well as the facts pertaining to the complaint, supporting documents for the allegations made in the complaint, the amount of compensation sought, and the complainant's signature.

Cover court costs: The nominal court fee must be paid in the form of a demand draft.

The following are the costs:

Court costs for Antyodaya Anna Yojana cardholders with claims of up to one lakh rupees: Nil for claims up to one million yen: 100 for claims between 1 and 5 lakh: ₹200

For cases of ₹5 lakh to ₹10 lakh: 400 for claims between 10 and 20 million: 500 State Commission for claims between 20,000 and $50,000: 2,000 for claims between 50 lakhs and one crore: 4,000 from the National Commission for claims exceeding one crore: 5,000

Should You File a Consumer Lawsuit?

The online consumer complaint court and its procedures were designed to empower consumers. The filing and hearing procedures were designed to be relatively straightforward so that the general public, who lacked a thorough understanding of the nuances of the law, could pursue justice on their own. However, consumer courts have some drawbacks of their own. There are a few things to consider, even though you may be confident in your case and feel justified in taking legal action.

Legal Counsel

You do not need a lawyer to appear in consumer court; you can represent yourself or have a relative do so for you. You could also hire a lawyer to assist you with the initial paperwork and take charge of the situation yourself. When filing a case with consumer court, a checklist must be followed. A consumer litigant must put in a lot of effort to write the complaint and win the case. Even though hiring a lawyer is not required, it is definitely beneficial to do so. A person who can coherently write a legal document and articulate his case may be able to manage a case.

Costs

It is not expensive to file a case, and consumer court cases are supposed to be resolved more quickly than other types of cases. However, these courts have authority that is as binding as that of any other court in the country, and any case can drag on for years, costing you a lot. Litigation costs will be incurred if you hire an attorney. It will also cost you more to organize your documents. You will also need to consider the cost of traveling, which will depend on how far the court is from your residence or place of employment.

Be cautious at times;

going to court may not make sense. If the disagreement you're having with the company is minor, it might be in your best interest to try to resolve it as gently as possible with a higher authority.

Effort

Regardless of whether you decide to fight the case on your own, you will need to keep your cool. A lawyer cannot handle everything. To finish your case, you will need to make a conscious effort.

Time

It will take a lot of your time to fight a case in consumer court. In order to appear in court, you might need to cancel appointments or skip other obligations. In the long run, it may result in more financial loss than the actual complaint.

Proving a Case

The Indian Evidence Act and the Code of Civil Procedure serve as the foundation for the civil judicial system in the nation. According to the lawful methodology, the customer needs to take the onus to demonstrate his case. You can't rely on the judge or the court staff to do this for you. While they may assist you in filing the case, you are ultimately responsible for proving it.

Before submitting your complaint to the district consumer forum, you must consider the suit's value. Keep in mind that the district forum does not have the authority to accept your suit if its value is greater than. 20 lacs. You will need to relocate to the state consumer forum in such a situation.