Table of Content
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Insights this Article offers
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Introduction
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Eligibility to file complaints in a Consumer Court include
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Grounds for Filing a Complaint
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A few examples of consumer cases
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Challenges in Consumer Protection
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Transformative Legal Framework: Specialized Tribunals and Expedited Dispute Resolution in India
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Key considerations before filing a Consumer Complaint in India:
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Procedure for Filing a Consumer Complaint
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Conclusion
1. Insights
This article is designed to be easily understood by individuals who are not familiar with Consumer court procedures, aiming to simplify complex legal concepts. This Article covers various aspects related to Consumer Courts, filing procedures under the Consumer Protection Act, and key considerations in India. It addresses potential questions such as:
What are Consumer Courts in India?
Who can file complaints in Consumer Courts?
How to file a Consumer Complaint / Case?
What are the grounds for filing a complaint under the Consumer Protection Act?
Examples of consumer cases that can be brought to these courts.
How do the Consumer Courts operate at different levels (District, State, National)?
What are the key considerations before filing a Consumer Complaint?
What is the procedure for filing a Consumer Complaint under the Consumer Protection Act?
What are the stages involved in the court proceedings after filing a complaint?
Why consumers might hesitate to pursue legal action despite facing grievances?
What are the specialized tribunals, including Consumer Courts, established under Indian law for specific types of disputes?
What changes or extensions were introduced by the Consumer Protection Act, 2019?
What are the time limits, legal grounds, and considerations for filing a Consumer Complaint effectively in India?
Overall, this Article offers insights into the structure and functioning of Consumer Courts, the process for filing complaints, and important factors to consider for individuals seeking redressal under the Consumer Protection Act in India.
2. Introduction
Consumer Courts in India are specialized forums established under the Consumer Protection Act, tasked with resolving and adjudicating disputes arising in the country. These courts operate at three levels: District, State, and National, each with a designated jurisdiction based on monetary limits set by law.
3. Eligibility to file complaints in a Consumer Court include:
- Consumers: Defined as individuals who have purchased goods or availed services by making a payment for personal use, not for commercial purposes or resale.
- Voluntary consumer associations: Registered under the Companies Act, 1956, or any other relevant law.
- Central or State Government
- Multiple consumers with similar interests
- Legal heirs or representatives in cases of a deceased consumer.
Note: While legal counsel isn’t obligatory, seeking professional assistance is advisable for effective complaint filing.
4. Grounds for Filing a Complaint:
- Unfair or restrictive trade practices adopted by service providers.
- Defective goods purchased or agreed to be bought by the complainant.
- Deficiency in services hired, availed, or agreed upon.
- Overcharging for goods or services beyond the lawful or agreed-upon price.
- Sale or offering of hazardous goods or services that pose a threat to life and safety, with the trader being reasonably expected to have known about the hazards through due diligence.
A complaint, as per the law, refers to any written allegation made by the complainant. Identifying the appropriate ground under which to file the complaint is crucial for those falling within the “consumer” category under the Act.
5. A few examples of consumer cases:
A.) If a consumer purchases a product from a company and finds that the quality does not meet the expected standards, it constitutes a potential consumer case under dissatisfaction with the product’s quality.
B.) When a consumer visits a restaurant and is coerced or compelled to pay an additional service charge against their will, or in instances where the restaurant provides unhygienic food or substandard service, it qualifies as a case falling within consumer rights violations.
C.) In situations where a company fails to deliver services as promised subsequent to the purchase of their product, it signifies a case where the services provided do not meet the commitments made during the purchase, thereby constituting grounds for a consumer complaint.
D.) Selling a product at a price exceeding its Maximum Retail Price (MRP) constitutes unfair trade practice as per the Consumer Protection Act. Consequently, to circumvent this regulation, certain establishments like movie theatres and selected global chain restaurants opt to serve soft drinks in their branded glasses instead of the original packaged product, enabling them to charge a higher price without violating the law.
6. Challenges in Consumer Protection:
Numerous situations fall within the jurisdiction of the Consumer Protection Act, yet the broader public remains largely unaware. Often, consumers find themselves hesitant to pursue legal action for relatively small financial losses, preferring to avoid litigation and its associated costs. This mindset inadvertently empowers companies, as they maneuver cautiously knowing that even if a considerable number of consumers are dissatisfied, only a fraction may take the step of filing a consumer complaint.
A critical aspect influencing the compensation awarded in such cases is the monetary value associated with the product or service in question. Notably, a significant proportion of consumer disputes involve items valued below Rs. 10,000. Consequently, many consumers opt not to proceed with legal action, considering the limited financial stakes involved. This trend contributes to a scenario where companies might remain relatively unscathed despite multiple consumer grievances.
7. Transformative Legal Framework: Specialized Tribunals and Expedited Dispute Resolution in India
The general public believes that it takes years and years for litigation, however, that is not that case, In the contemporary Indian legal framework, various specialized tribunals are in place to address specific categories of disputes, ensuring a more targeted and efficient resolution process.
For instance:
Commercial Courts: These courts are established to handle disputes falling within the realm of commercial litigation.
NCLT (National Company Law Tribunal): Operating as a quasi-judicial authority, the NCLT is designed to handle civil corporate disputes arising under the Companies Act.
RERA (Real Estate Regulatory Authority): Governed by the Real Estate (Regulation and Development) Act of 2016, RERA oversees the real estate sector, safeguarding the interests of homebuyers.
Similarly, Consumer Courts are dedicated to addressing issues and complaints faced by consumers. These courts prioritize consumer rights and were instituted with the aim of providing a more accessible and user-friendly avenue for addressing consumer grievances.
Section 100 of the Consumer Protection Act, 2019 extends the scope of Consumer Courts, offering an additional recourse to aggrieved parties. Notably, the Supreme Court has affirmed that homebuyers purchasing flats from builders fall within the ambit of consumers. Consequently, aside from seeking redressal through RERA, homebuyers have the option to file complaints in Consumer Courts to pursue various remedies.
This paradigm shift has moved away from the era where litigants endured prolonged waits for case resolutions, although predicting the precise timeline for any given case remains challenging. Typically, consumer disputes can find resolution within a span of 6 to 18 months, illustrating a more expedited dispute resolution process.
8. Key considerations before filing a Consumer Complaint in India:
Consumer Qualification: It’s imperative to ascertain whether you fall within the definition of a “consumer” as per the Consumer Protection Act, 2019. A consumer, by definition, is an individual who purchased goods or services through payment and specifically for personal use, excluding purchases made for commercial purposes or resale.
Valid Cause of Action: A valid cause of action forms the basis of any legal dispute brought before a court. It’s essential to identify and establish this cause. For example, if the opposite party refuses a refund via email, it could serve as a cause of action. Seeking legal advice if there’s no response is advisable, potentially leading to issuing a legal notice.
Statutory Time Limit: Under the Consumer Protection Act, the permissible time limit for filing a Consumer Complaint is two years from the date when the cause of action occurred. However, in certain circumstances, courts might consider justifiable delays upon filing a separate application with valid reasons.
Appropriate Commission Selection: The revised pecuniary jurisdiction of Consumer Commissions delineates the thresholds for different levels of forums. District Commissions entertain complaints up to 50 lakhs, State Commissions handle those from 50 lakhs to 2 Crore, and National Commissions manage cases exceeding 2 Crore. Understanding the hierarchy of these forums is crucial for filing appeals appropriately.
Legal Grounds Identification: It’s pivotal to identify the precise grounds for filing the complaint, such as defective goods, service deficiencies, unfair trade practices, etc., ensuring alignment with the provisions of the Consumer Protection Act.
Desired Relief from Court: Clearly define the relief or remedy sought from the court, whether it’s a refund, replacement, compensation, or other specific remedies.
Sufficient Material Evidence: Ensure the availability of adequate material evidence that substantiates your availing of the services or purchasing the goods in question. This evidence plays a critical role in proving your claim before the court.
9. Procedure for Filing a Consumer Complaint:
Step 1: Drafting the Consumer Complaint
Key Components:
A.) Index: Within the context of legal documentation or formal writing, typically refers to a list of sections, topics, or contents in a document, usually appearing at the beginning. It provides a quick reference or overview of the document’s structure, allowing readers to locate specific information easily. The index typically includes page numbers or references to help readers navigate and find relevant sections within the document.
B.) Memorandum of Complaint: Prepared under Section 35 of the Consumer Protection Act, 2019, comprising contact information, detailed complaint narrative, confirmation of appropriate jurisdiction, disclosure of prior filings, and requested reliefs.
C.) Verifying Affidavit: A verifying affidavit is a sworn statement accompanying a legal complaint, confirming that the facts stated within are true and accurate to the best of the complainant’s knowledge. It serves to authenticate the claims made in the complaint and is signed by the complainant and is notarized.
D.) List of Supporting Documents: Attach relevant documents, providing copies for the court and opposite parties.
E.) Court fee: The court fee differs based on the amount in consideration. Consumer courts do not charge any fee for claims below 5 lakh rupees. It’s important to note that the fee is calculated solely based on the consideration amount, excluding additional reliefs like interest or compensation. Details about the payment method of court fees should be obtained directly from the local courts.
Step 2: Admission and Notice Issuance
Filing the Complaint: Submit the drafted complaint to the Court office.
Court Appearance: Attend the scheduled court date to present and explain your grievance.
Notice Issuance: The court issues notices to the opposite parties, a process that usually takes 1-3 months, contingent on various factors.
Step 3: Appearance of the Accused
Ex-parte or Appearance: If the opposite party fails to appear, the case proceeds ex-parte. If they appear, they are granted 30 days to file their version/objections. This duration can be extended by 15 days with valid reasons. The five bench Supreme Court in New Indian Assurance Company Limited vs. Hilli Multipurpose Cold Storage Private Limited has clearly held that under no circumstance the District Commission is allowed to permit the opposite party to file its objections beyond a period of 45 days from the date of service of notice.
Step 4: Complainant’s Evidence
Affidavit and Documents: Draft a detailed statement as evidence supporting your case. Ensure that the court marks these documents as part of the official record. Organizing these documents meticulously is vital.
Step 5: Opposite Party Evidence
Affidavit and Documents: The opposite party presents their statement and any supporting evidence for the court’s consideration.
Step 6: Arguments
Written and Oral Arguments: Both parties present their arguments during the proceedings. Usually, the Complainant initiates by submitting written arguments, followed by oral presentations. However, occasionally, both parties may opt to argue simultaneously.
Step 7: Judgment
Evaluation and Pronouncement: The court takes the necessary time to assess all presented information and issues its judgment on a specific date after completing all preceding procedures.
Note:The procedural steps outlined above can vary across different states. Generally, in other civil litigations, there is a standard practice of cross-examining parties. However, in consumer cases cross examination of parties isn’t a standard practice and the court might permit cross-examination if formally requested through an application.
Moreover, the procedure mentioned above is a standard protocol, but additional stages like filing necessary Interlocutory applications could exist. Therefore, it’s advisable to either inquire directly at the local court or consult legal counsel.
10. Conclusion
The Consumer Protection Act of 2019 in India establishes Consumer Courts as specialized forums dedicated to resolving disputes arising from consumer transactions. These courts operate at different levels and offer an accessible avenue for individuals to seek redressal.
Understanding the grounds for filing a complaint, including issues concerning product quality, deficient services, unfair trade practices, and overcharging, is vital for those falling under the consumer category. Despite the existence of such forums, there remains a lack of awareness among the general public, leading to reluctance in pursuing legal action for small grievances.
However, challenges persist, including consumers’ hesitation due to perceived lengthy litigation processes and financial stakes. Key considerations before filing a complaint involve understanding one’s consumer status, valid cause of action, statutory time limits, appropriate commission selection, identifying legal grounds, seeking specific relief, and gathering sufficient evidence.
The procedural steps outlined for filing a consumer complaint entail drafting the complaint, court appearances, notice issuance, presenting evidence, arguments, and judgment. While these steps may differ across states, seeking jurisdiction-specific details or legal counsel is recommended.
In essence, the comprehensive framework of Consumer Courts and the procedural clarity provided by the Consumer Protection Act offer an expedited resolution to consumer disputes, empowering individuals to seek justice and protection of their rights in the marketplace.
Written by: Advocate Amit Ghodke
Department of Consumer Affairs
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