Dear Sir,
1.How should I proceed with filing a case in the consumer court ?Ans: Submit a formal complaint under the Consumer Protection Act, 1986. You need not hire a lawyer for filing the suit. Fill this complaint form and submit it to the commission. On a plain 2.How long do such cases usually last ?Ans: 1.5 years is good time. The Punjab Consumer Court takes more than 2 years in a normal consumer trial. If it's complicated (like if the evidence of an independent expert is required), 3 years is normal. The National Consumer Courts (Delhi) give adjournments ranging upto 6 months.3. Will I be required to be present for each hearing ? How many such hearings can be expected ?Ans: Yes, it is required to be present for hearing, there are exceptions is also there.at the average there are six hearings of a case in a year.4.What are the expenses that I should expect ?Ans: Appearing in consumer court does not require a lawyer, and you can represent yourself or have a relative do it for you.5. What can I expect from the court ? Can I ask for a repair job free of cost plus a compensation for the risk that my family is bearing due to his negligence ? How much of compensation can I claim ?Ans: Yes, you can ask.6. Any other relevant detail you might think necessary.
paper, mention the details of the complainant and the opposite party
CONSUMER COURT PROCEDURE – STEP BY STEP
Before formally filing a Consumer Complaint, it is desired that the Consumer gives notice to the opposite party of the fact of any deficiency in service or of unfair trade practice etc to see if the trader is willing to make good the loss suffered by either replacing the commodity or returning the value of the purchase. If yes, the issue resolves then and there. But if the trader refuses or neglects here that the consumers needs to approach the Consumer Court.
STEP 1: At first identify the Jurisdiction of the Forum where the complaint is to be filed. This issue needs to be identified from two angles of jurisdiction i.e. Territorial and Pecuniary.
The Consumer has to take into consideration both the territorial and pecuniary jurisdiction of the tribunal in mind before filing his complaint and has to choose the correct forum.
Territorial Jurisdiction of the Consumer Forums :-
A complaint shall be instituted in a District Forum or State Commission or National within the local limits of whose jurisdiction,—
- a) the opposite party resides or caries on business or has a branch office or personally works for gain, or
- b) If there are more than one opposite aprty, then any one of the opposite parties resides, or carries on business or has a branch office, or personally works for gain,
Provided that in such case the permission of either District Forum, State Commission or National Commission as the case may be, or the opposite parties who do not reside in such place or carry on business or have a branch office or personally works for gain as the case may be, must be obtained , or
- c) the cause of action arose.
PECUNIARY JURISDICTION OF CONSUMER FORUMS
- District Forum
Upto Rs. 20 Lakhs
- State Commission
Rs. 20 Lakhs to Rs. 1 Crores
- NationalCommission
Exceeding Rs. 1 Crores
Step 2: You will be required to pay a prescribed fee along with your complaint before the District Forum, State Commission & the National Commission as the case may be.
Step 3: Then you have to draft your complaint stating facts necessary to establish a cause of action.
Step 4: At the end of the complaint you have to put your signatures. In case any other person is authorised to file the complaint then complaint has to be accompanied with authorisation letter.
Step 5: Don’t forget to mention the name, description and address of the complainant and the name, description, address of the opposite party or parties against whom relief is claimed.
Step 6: Copies of all the documents supporting your allegations. In this you can put on record the copy of the bill of the goods bought, warranty and guarantee documents and also a copy of the written complaint and notice made to the trader requesting him to rectify the product.
Step 7: You can also ask for compensation costs which should be specifically alleged in the complaint. Besides compensation, a consumer can also ask for the refunds, damages, litigation costs, and interest amount. You must give the breakup of amount claimed under different heads but do remember to claim compensation or other relief as per the pecuniary value of the forums.
Step 8: Explain in your complaint as to how the case falls within the jurisdiction of this forum.
Step 9: Complaint must clearly state as to what relief is sought against the opposite party.
Step 10: The Act provides for limitation period of two years from the date of cause of action. In case there is delay in filing the complaint, please explain the delay which can be can be condoned by the Tribunal.
Step 11: You are also required to file an affidavit along with the complaint that facts stated in the complaint are true and correct.
Step 12: The complainant can present the complaint in person or by his/her authorised representative without engaging any advocate. The complaint can be sent by registered post. A minimum of 5 copies of the complaint is to be filed in the forum. Besides this you have to file additional copies for each opposite party.
Consumer needs to be more aware of the malpractices followed by the trader and should stand up for their rights. With this article, an endeavour is made to educate the consumers to file their complaints and of taking action against the Unscrupulous traders who thinks that consumers can do nothing if any wrong is caused to them. Let us be all Vigilant of the quality and quantity of goods supplied to us by the traders.
You don’t need to engage the services of any Advocate and can file your complaint of your own. The consumer protection Act has provided a very simple procedure to file the complaint that even a layman who is not from the law background, can file the complaint of its own.
Even there is no requirement of any court fee to be paid at the time of filing any complaint in the Act.