What is a Consumer Court?
A Consumer Court, established under Consumer Protection Act 1956 is a special purpose court in India that deals with cases regarding consumer complaints and grievances. The Consumer Court aims to protect consumer rights. The unsatisfied customers can file a case in Consumer Court against the seller on the grounds of selling flawed products and services which were not promised before. Consumer Courts have proven to be the most effective entity to provide remedy to the cheated/exploited consumers and address their grievances.
Powers of the Consumer Court:
In order to solve a consumer dispute, The Consumer Forums possess the certain powers of a Civil Court as given below:
1. Summoning and enforcing the attendance of witnesses or any defendant.
2. Discovery and production of any document or any other material object.
3. Receiving evidence on affidavits
4. Testing of products from the appropriate laboratory.
Additional powers of the Consumer Forums are:
1. Production of any books, accounts, documents or commodities from any person.
2. Obtaining information for the purpose of proceeding from any person.
3. Enter and seize documents like - papers, documents, commodities for the purpose proceedings.
The Consumer Forum can also issue an order to the opposite party for doing following things:
1. To remove the defects pointed out by the appropriate laboratory from the goods in question.
2. To replace the goods with new goods of similar description that shall be free from any defect.
3. To return the price to the complainant or pay the amount as compensation
4. To remove the defects in the products or services.
5. To discontinue the unfair trade practice.
6. To not offer the hazardous goods for sale.
7. To avail an adequate costs to the complainant.
Who can file a case in Consumer Court?
As per the law, following people can file a consumer complaint.
- A consumer (As defined under Consumer Protection Act 2019)
A consumer is someone who purchases any product/goods/commodities for a consideration.
- A Voluntary Consumer Association (VCA) registered under the Companies Act 1956/2013 or under any other law for time being in force.
- The Central Government
- The State Government
- One or more consumers on behalf of the various consumers having common interest.
- A representative or heir of a deceased consumer.
How to file a case in Consumer Court?
STEP 1: Intimation via Notice:
First of all, an aggrieved party has to send a notice to the goods or service provider. The notice must communicate the intention of the complainer regarding the defects of the goods or services or any unfair practice. The notice should be considered as an attempt to settle the complaint without approaching the Consumer Court.
STEP 2: Draft the Consumer Complaint:
If the seller is not willing to address the consumer’s grievance, then the next step is to file a complaint under the Consumer Protection Act, 1986. The filing of complaint doesn’t necessarily require a lawyer. The aggrieved person can file a complaint. He/she needs to mention the following information in the complaint:
- Name, description and the address of the complainant(s) and the seller.
- Cause of action, along with approximate date, time and venue.
- The facts pertaining to the cause of action.
- The remedy or relief claimed by the complainant in accordance with the facts of the case.
- Signature and verification given by the complainant. The authorized agent can also verify in place of the complainant.
STEP 3: Attach the Essential Documents
Copies of relevant documents and the material evidence that support your case in Consumer Court
- Bill copy/Receipt of delivery
- Warrantee/Guarantee certificates
- A notice of complaint sent to the seller.
After drafting the consumer complaint and attaching the essential documents, you can file the complaint with Consumer Court.
You can also file your complaint online at www.consumerhelpline.gov.in
STEP 4: Submit the fee
Submit the prescribed fee along with the complaint filed depending on the forum. The court fee depends upon the value of goods bought and the amount of compensation sought.
Jurisdiction:
- If the claim is for less than Rs. 20 Lakhs, then the District Consumer Disputes Redressal Forum will hear the plea.
- If the claim is for more than Rs. 20 Lakhs, but less than Rs. 1 Crore, then the State Consumer Dispute Redressal Commission will hear the complaint.
- If the claim is more than Rs. 1 crore, then the National Consumer Disputes Redressal Commission will attend to the plea.
STEP 5: Submit an affidavit
The person who wants to file the case in Consumer Court has 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.
What are the penalties for non - compliance to the orders of Consumer Court?
In case a person doesn’t obey the orders of Consumer Court, then he/she may get punished with:
- Imprisonment for a term ranging between one month and three years
- Fine ranging between Rs. 25,000 to Rs. 1,00,000 or
- Imprisonment and fine – Both
Source:
FAQs:
Q1. How much time Consumer Court takes to settle an issue?
Ans. The Consumer Protection Act 2019 mandates that all the cases must get settled within 90 to 150 days.
Q2. Can I fight my own case lodged with Consumer Court?
Ans. Yes, Consumer Court empowers a consumer is free to represent his/her own case and fight case against a service provider.
Q3. What are the types of Consumer Courts?
Ans. There is a three tier Consumer Disputes redressal Agency under Consumer Court – District Consumer Disputes Redressal Forum in the District, State Consumer Disputes Redressal Commission at the State Level and the National Consumer Disputes Redressal Commission at the National Level.
Q4. How many Consumer Courts are there in India?
Ans. Currently, there are 610 District Consumer Forums, 35 State Commissions & the highest Consumer forum – National Consumer Disputes Redressal Commission (NCDRC) with its office at Upbhokta Nyay Bhawan.
