• How to proceed with Consumer Court case

There is a contractor, who was entrusted with renovation work at my house. All communication with him was over email. All payments were made by credit card. He completed the job, with some errors and I paid him in full. After a year or so, a granite slab in the kitchen fell off suddenly and broke into pieces. I have photographs of the incident. I was standing very close to it when it happened and ran the risk of badly damaging my feet.

I wrote an email to him asking him to repair it. He stated that his labour force was on leave. I waited and then he started saying that he will only send someone to find out the cause and not repair it, since there can be no guarantee for workmanship jobs.

I wrote to him that he is unaware of how engineering jobs are conducted. Both the supply of materials and execution of jobs have warranties. Apart from that, it is his responsibility to make good something that lasts for only a year, where it should last for a lifetime.

Apart from this, I also mentioned that the risk of damage is high since I have a toddler at home. If the slab fell on her feet, who would be responsible for the damage? He did not care to get back and now I want to take him to court.

My questions are as follows :

1. How should I proceed with filing a case in the consumer court ?
2. How long do such cases usually last ?
3. Will I be required to be present for each hearing ? How many such hearings can be expected ?
4. What are the expenses that I should expect ?
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 ?
6. Any other relevant detail you might think necessary.

Thank you for your advice.
Asked 5 years ago in Civil Law

4 answers received in 30 minutes.

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23 Answers

1. send him a legal notice first, calling upon him to make good the loss caused to you, and compensate you for mental agony.

2. 2-3 years. Depends from place to place.

3. No, you would be represented through your lawyer. Your presence not required at any point of time/

4. Court fee would be nominal. Prf. fee varies from lawyer to lawyer. 

5. Yes, you can claim this. Seek at least 10 lacs as compensation.

6. You can conduct the case yourself.  

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

A complaint should be filed against the builder in the district consumer protection forum. A lawyer should be engaged for this. He will file the complaint citing the deficiency in services and unfair trade practices adopted by the builder. 

The case may take 1 to 1 and a half year.  You dont have to be present at every hearings and your lawyer shall take care of the case. You will be compensated for the faulty construction and cost of litigation and mental harassment.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

  1. Yes, you have a valid case to move consumer Court. First you have to serve a legal notice upon the contractor. 
  2. As far as expenses, there are broadly two set of expenses---- a) court fee. b) advocate fee. 
  3. A competent advocte will charge handsomely. But a cheap option will botch up your case. 
  4. Court fee the Advocate whom you appoint will ascertain from the filing department of court. This is always the best way, rather than relying on some reckoner. 
  5. Now to the question, what relief can you expect? a) Your advocte must establish deficiency in service by by the contractor. b) he must plead for compensation ie the amount you spent on renovation + the amount you will need to spend approximately to get it redone. c) Your advocte must also plead that the expenses of legal action be borne by contractor ie the court fee + the fee which your Advocate charged you. You must be compensated for both. d) Your advocte must also plead for exemplary damages. So b) + c) + d). 
  6. By noon you must have followed that you have a bright chance of succeeding in your legal action, but the quantum of relief you get from Court depends to quite an extent upon the skill and competence of the Advocate  you appoint. So don't seek cheap options while seeking legal assistance. 
  7. My services are at your disposal. You need to come to my office once, as I require exhaustive consultation with you to assist you. To take appointment, [deleted] (nine eight two zero eight nine seven eight eight four). You can even leave your number in feedback. (Your number is not shown to me along with your query, hence leave it in feedback)

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

1) you should contact a local lawyer for filing complaint before consumer forum 

 

2) cases take 2 years to be disposed 

 

3) your personal presence is not necessary on each date . Lawyer presence is sufficient 

 

4) legal fees vary depending upon lawyer engaged by you 

 

5) you would get nominal compensation 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. If the material used is sub standard as it appears then it is a fit case where you can file a case before the consumer forum to be filed.

2. Time varies but would not be less than 2 years.

2. No if you engage an advocate.

4. Expenses varies with advocate. 

5. You can expect refund and damages.

6. On personal meeting several issues can be clarified on information drawn from you. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

You can file a Complaint at the appropriate forum as per your jurisdiction. It takes 1 year at the most if normal dates are given. No your presence is not required if you appoint lawyer. Fees depends on lawyer to lawyer. You can ask any prayer suitable in your case Consumer court is very flexible. It's mostly Consumer oriented. You will definitely win if your case has merits

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

1. Firstly take a report and opinion from the competent person expert in the filed who will tell you why the slab fall. Then if it was default of builder file a complaint before the consumer court seeking damages.

2. It take around 2 years.

3. Your lawyer can represent the case, the number of hearings can vary.

4  Legal fee according to Advocate you engage.

5. Repair and compensation you can claim compensation for 50 thousand or 1 lakh.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. Issue a legal notice through an advocate and file a complaint in district consumer forum. 

2.May be it takes 2 to 3 years. 

3.your advocate can represent behalf of you. 

4.A Lawyer’s fee depends upon his experience and court fee is very nominal.

5.you can claim nominal compensation and repair. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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,—

  1. a) the opposite party resides or caries on business or has a branch office or personally works for gain, or
  2. 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

  1. c) the cause of action arose.

PECUNIARY JURISDICTION OF CONSUMER FORUMS

  1. District Forum

Upto Rs. 20 Lakhs

  1. State Commission

Rs. 20 Lakhs to Rs. 1 Crores

  1. 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.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

1. First of all send him a legal notice, followed by the complaint before the District Consumer Disputes Redressal Forum of the area, where house situate. maybe settlement occurs once he received legal notice.

for your information sending legal notice is not mandatory and you can straight away file the complaint.

2. usually 1-2 years

3. You can file the complaint through yourself, no need to engage lawyer but if you hire an advocate, being an expert he/she will prove to be an asset for you, therefore i suggest you to take services of one good lawyer and file case with his/her help, then you need not to appear on each and every date and your lawyer will take care of your case, except on date of your evidence.

4. fee/expenses depends on the lawyer

5. repair/renovation of the complete area, to get it in earlier position plus compensation for causing mental stress, pain, agony and deficiency in services etc. you should claim around 4-5 lakh

6. more detail can be provided during detailed consultaion

 

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

If you have to file case in Consumer court , file complaint online and get complaint number online.

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

1. First of all you shall have to send him a letter which in legal parlance is called demand for justice. It means that you shall ask him to refit the said slab with compensation, cost etc with in next 15 days informing him that otherwise you shall take legal recourses against him.

 

2. Thereafter you shall have to file an application before your local District Comsumer Dispute Redressal; Forum against the said contractor alleging deficiency in service and unfair business practice demanding an amount requireed for replacwement of the said slab through other workmen, damage and cost.

 

3. Your demanded amount might  overshoot the expenses you might have to incur in case you engage an Advocate to pursue your said case.     

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

you cannot file complaints before consumer forum online 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

Dear Sir,

 

- As per act, you dont require lawyer to represent you. Even you can present your case by self

- Simplest method is to submit the application at Consumer court by self. 

- Incase you are working professional, do share your salary details also so that you can get the reimbursement along with compensation as and when join the court on cause of taking leave from office

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

Consumer complaint cannot be filed online it has to be filed in the court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You are best adviced to appoint an advocate first. Before filing the case, any competent advocate requires  an exhaustive cosultancy session with you

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

 

I didn't advise you to file online as per my knowledge i am not aware that any DCDRF accepts a complaint by the online method, however, if there is any such provision of online submission in your area you can submit the same.

but as per my knowledge, you have to prepare the complaint with the help of a lawyer, deposit fees and then submit (hard copy-three sets) it to the District Consumer Forum of your area,

but in any case, you have to engage the lawyer first and then file the complaint.

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

You can hire a lawyer or not. Consumer court doesn't mandatorily require lawyers but if you want to engage there is no bar.

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

On the basis of the legal notice stating that the damage has happened due to substandard construction, you may file a case before consumer court for deficiency of service.

2. It may run from two to three years.

3. you can engage the services of an advocate who will take care of the cases on the dates of hearing.

4. The court fee and the advocate fee may be enquired from the advocate whose services are being engaged.

5. It depends on what relief that you have approached court.

6. you may discuss with an advocate before filing the complaint

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

You may proceed in the manner and way  which you feel would be right enough and proper

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

1. The best way is to get your complaint drafted by a lawyer since it is a specialised subject and then file it before the Consumer forum.

 

2. You can iuse a medium grade lawyer to be economical in the pursuing the case.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Dear Sir,

File Online on Official Website : http://consumerhelpline.gov.in/s...

The consumer online resource and empowerment center  is a governmental portal for the complaint and grievance redressal system. It is run by the Consumer Coordination Council and supported by the Department of Consumer Affairs, Government of India.

  • So as to file a complaint online the consumer has to register on the website. You have to click on the new user and then register.

  • The consumer has to provide with details like name, email, address and phone no. of the complainant.
  • After registering go on to log-in and fill in the username and password. Then go to ‘File complaint’ so as to file the complaint.
  • You now have to select the complaint type i.e. regarding products, service provider, others. (like you want to file complaint against Jabong or eBay select online shopping and then brand as Jabong or eBay)
  • A page containing registration form will open. You have to fill the form with necessary details of the problem or the grievances and click ‘submit’ to submit the complaint.

  • ou are expected to get resolution in 3 months as per the website. You can also check the status of your complaint by logging on to the website until it is resolved.
  • So above is the completed procedure to File a Consumer Complaint in India. Hope you like this article. if you have any query just comment on the below section.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

The consumer complaint should be filed with the help of a lawyer. He will draft and file the complaint citing judgments if any and will handle the case.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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