Today we will talk about a very basic topic. We all know that as a customer, we have the right to get the product or service we are paying for as per the price. But still, many times after being cheated by a brand, shopkeeper or service provider, many people remain silent because they do not know the process of filing a case in the consumer court. Or those who know a little do not move forward thinking that since it is a court case, it will take a lot of time and a lot of hard work will have to be done.

But this is not the case and the process of filing a complaint in the Consumer Commission is quite easy, which we will try to explain to you in this blog today. The first thing you should understand is that Consumer Court means the court of the consumer.

So as a consumer you should be assured that this court is made for the protection of the consumer’s interests. Therefore, only the consumer will be heard here. Provided he is right. One more thing is that we call it Consumer Court in colloquial language. Its correct name is Consumer Forum. But everyone understands it by the name of Consumer Court only.

Consumer commission is formed at every district level under the Consumer Protection Act. The act provides that if a customer has been cheated in any way regarding the goods or services he has purchased, such as the goods were given of poor quality, the service was not given on time or the quality of the service was not good, then you can complain in the consumer court in any such matter.

As a first step, it is important to understand who can file a complaint in the consumer court. So, if a person has paid money for a product or service and in return he gets any fraud or bad service in relation to such product or service, then that person can file a complaint in the consumer court.

Yes, you are a consumer. To prove this, you must have some papers or records like bills, messages, emails, etc. Normally, the main complaints in the cases filed in consumer courts are that a product was bought and it turned out to be defective. The service provider did not provide service on time or the quality of service was not good. Despite the guaranteed warranty, a product was not repaired or a replacement was not given. There was fraud in hospital, insurance, travel booking, etc. or proper service was not received or the wrong product was delivered in an online order. There can be many more such cases which are heard by the consumer court.

Now let us move on to the main question, How to file a case in Consumer Court?

Friends, I say the same thing about every legal process: that the preparation before filing a case is more important than filing the case itself. And this principle is also applicable in consumer court cases. So even for filing a consumer complaint, as a first step you have to collect proof about the transaction.

Which can include bills, payment proof, WhatsApp messages, emails, any relevant photos or videos, etc. To what extent will proof be given about anything? You can guess this from the fact that what documents you need to convince a common man who does not know about your matter. You will need the same things in the consumer court as well.

In step two, you have to draft the complaint. You can do it yourself or get it done by an advocate. There are not many technicalities in the complaint presented in the consumer court. But there are some things that you should keep in mind while drafting the complaint. For example, first of all you have to tell how you fall in the category of consumer. Then you have to make a detail of the transactions done with the opposite party, what goods you bought or what service you took. How much did you pay for it and how and what promises were made to you about that product or service.

After this you have to tell what is your main complaint?

That is, what went wrong with you. What was the response of the opposite party when you contacted them about it and in the end you have to write what remedy you want from the court. You also have to prepare an affidavit to verify the facts of this complaint. Although it is not necessary, still it is suggested that before filing a complaint in the consumer court, a notice should also be given to the opposite party. This may help you get a solution quickly.

The complaint is ready but where will it be presented?

For this we have to understand the jurisdiction of the consumer court. Firstly, a consumer court is established at every district head quarter and for jurisdiction, a provision has been made in the Consumer Protection Act that you can decide jurisdiction on three types of grounds. Firstly, the place where the complainant is going to live.

Second, where the cause of action arose and third, where the shop or office of the opponent party is located. You can file a complaint at any of these three places. Another point that can be considered on the basis of jurisdiction is economic basis. According to this, if the price paid for the service you have availed or the goods you have purchased is up to ₹1 crore, then you have to file a complaint in the District Commission.

If the value is more than one crore but up to 10 crores, then you will have to file a complaint in the State Commission and if its valuation is more than 10 crores, then the complaint will be filed directly in the National Commission. Based on the valuation of your case, you can file your complaint with an affidavit and relevant documents in the commission which has jurisdiction. Now a change has come in this procedure that any complaint to be filed in the Consumer Court will have to be filed online first.

For this, the government website is eagriti.gov.in where you can file a complaint by creating your account and logging in. While filing a complaint, you may also have to pay a fee. If the value paid for the goods or services you have taken is up to ₹ 5 lakh, then there will be no fee. But if the value is more than ₹ 5 lakh, then a fee of ₹ 200 to ₹ 500 is charged depending on the value. To deposit this payment, you have to attach a postal order of the same value with the complaint.

The next step is hearing. Because if you are filing a complaint, then you will also be curious to know how the consumer court hears the case. So when you file a complaint, the court will send a notice to the opposite parties. Along with the notice, a copy of the complaint, affidavit and all the documents submitted by you will also be sent to the opposite party.

The opposite party is required to respond within 30 days of receiving the notice. If the court wishes, it can give it an additional 15 days’ time. But if a total of 45 days have passed, the court will not accept the opposite party’s reply. The opposite party can submit its reply and documents within the prescribed time period. After this, the court hears both the parties and gives its decision. This process takes about six to eight months.

Whenever a decision is given in a consumer matter, the consumer not only gets the punishment related to the goods or service, but the court also gets compensation for harassment and the cost of the case from the opposite party. The party against whom the court’s decision has come has the right to appeal the decision of the District Commission to the State Commission within 45 days and if the order is of the State Commission, then its appeal can be made to the National Commission within 30 days.

Another thing that confuses people in consumer matters is that people consider the National Consumer Portal and Consumer Court to be the same. But both are different. The power of the Consumer Court is quite wide and the process is judicial. Whereas only basic things are covered on the National Consumer Portal. So if something wrong has happened to you as a consumer, then you may not get justice from social media. Therefore, you should definitely look for the option of filing a case in the Consumer Court while taking the legal route.

So friends, next time if you get a bad product or service or you get cheated as a consumer, then you know what your rights are and how to use them. If you find the information in the blog useful and for such easy legal guides, share the e stamp paper website with your friends and family and yes, comment and tell us which legal topic you want to understand in the next blog. See you in the next blog. Till then remember that the law is not weak. It is just important to know and use it.