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How to File a Case in Consumer Court?

If the trader refuses or neglects to address the consumer's problems, the consumer can file a case in consumer court against the company. Read our complete guide on how to file a case in consumer court in India.
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A consumer court deals with cases regarding consumer complaints and grievances. The judiciary hearings are set up by the government of India to protect consumer rights wherein unsatisfied consumers can file a case in consumer court against the seller on the grounds of harassment or deliverance of flawed goods or services.

Usually, the customer support services of the company resolve consumer complaints, if any. But, if the trader refuses or neglects to address the consumer’s problems, then the consumer can file a case in the consumer court against the company. To file a case in the consumer court, connect to our legal experts now!

It is important for the consumer to be educated about the process on how to file a case in consumer court in this competitive market where sellers are stampeding over the trade norms and standards to be on top. In a nutshell, here's a guide on filing a consumer complaint- How to file? Who can file? and Time limit on following on a case.

Table of Contents:

Procedure to file a case in consumer court

  • Get the Consumer Complaint Drafted:

The first step to file a case in Consumer Court is to get your complaint drafted[1]. It is always effective to hire a consumer court lawyer to draft and file a consumer case as a complaint has to be filed in the correct consumer court which has the jurisdiction to deal with the case. With regards to drafting, a complaint must state:

  1. Important facts to establish that some harm has been caused due to such faulty service or goods

  2. Name, description, and address of the consumer and the company/person against whom the complaint is filed 

  3. The relief/compensation claimed

  • Attach Relevant Documents:

Copies of relevant documents[2] that support your case in consumer court are important. These documents include:

  1. A copy of the bill of the goods bought

  2. Warranty/Guarantee certificates

  3. A copy of the written complaint and notice sent to the manufacturer/seller 

  • Pay Requisite Court Fees:

A prescribed fee is required to be paid along with the complaint filed in the District Forum, State Commission, and National Commission. The court fee depends upon the value of goods bought and the amount of compensation sought.

  • Submit an Affidavit:

The person who wants to file a case in the consumer court is also required to submit an affidavit in the court. The affidavit must state that the facts presented and statements made by the consumer are true to their knowledge.

Who can file a case in consumer court?

  • A consumer. But who is a ‘consumer’ exactly? A person is a consumer if he/she fulfils the following conditions:

  1. The person has purchased goods or availed some services in exchange for some value, i.e. he/she has paid money 

  2. The person must have bought the goods for personal use, and not for resale or commercial purposes

  • Any registered association under the Companies Act, 1956, or under any other law 

  • The Central or the State Government

  • One or more consumers who have the same interest

Is there a time limit to file a case in consumer court?

A case in the consumer court must be filed within 2 years from the date of grievance. The court does not entertain a consumer complaint if it is filed after the completion of 2 years. However, if the consumer is able to provide a reasonable cause for the delay, the court may accept the complaint.

For example: On August 06, 2014; Jet Airways paid Rs 50,000 to a passenger who found a button in his in-flight lunchThis incident tells you how exactly you can be exploited and how the victim passenger addresses it. 

A consumer today has various options to raise their claim with the company about their defective product. The first and foremost thing to do is to inform the company about their faulty goods or services and to gather if the company is willing to refund or repair the loss suffered by replacing the product or returning the money. If the seller refuses to honour your request, you have the right to take it to court.

Moreover, it is important that you follow the correct legal procedure on how to file a case in the consumer court so that you are able to claim compensation for faulty goods and services. It is advised to hire a consumer court lawyer in your city to understand the complete legal procedure and formalities required to be completed in order to file a case in consumer court. Talk to the best consumer court lawyers in India. Email us at support@myadvo.in or call us at +919811782573.

 

External Links:

[1] Complaint draft: Model forms of a complaint under the CONSUMER PROTECTION ACT, 1986

[2] National Consumer Disputes Redressal Commission: List of supporting documents required for making consumer complaints

Reviewed by:
Prachi Darji
Associate - Legal, MyAdvo Techserve Pvt. Ltd.
Published on 16th Aug, 2019
25,389 views

Prachi Darji is an expert corporate lawyer, currently associated with MyAdvo as an in-house legal advisor. She has finished B.Sc, LLB(Hons.) from Gujarat National Law University. She has an expertise in various domains of law including Intellectual Property Law, Company law, etc. At MyAdvo, she is taking care of litigation strategies and internal legal processes.

LinkedIn: https://www.linkedin.com/in/prachi-darji-539345118

Email: prachi@myadvo.in