How to file a Case in Consumer Courts?

I will tell you the procedure, the documents required and the money for filing a Case in consumer court?

If there is any deficiency in services by any service provider in any sectors like manufacturing, hotels, transport, telephone department, electricity department, hospitals, banks, educational institution etc, then you can approach consumer court.

Consumer courts are three tier structure:

If value of goods and compensation is less than 20 lakhs, case can be filed in district forum.
If the same is more than 20 lakhs but less than one crore, case can be filed in State Consumer Dispute Redressal Forum.
If the value is more than one crore, case should be filed in National Commission.

There are consumer forums at the District, State and National levels. At present, there are 569 District Consumer Forums, 33 State Commissions & the highest body which is the National Consumer Disputes Redressal Commission (NCDRC) having its office at Janpath Bhawan, A Wing, 5th Floor, Janpath , New Delhi

Filing a petition:

You can file a petition in person or by an authorized agent through registered post within 2 years from the date of such deficiency. The case filed should be clear and precise. It should contain all facts, documents in support of evidence in orderly manner. It should contain the following:
-Name, Address, Description of the Complainant
-Name of the Opposite party or parties
-Cause and Facts relating to the complaint. Time and Place where it occurred.
-Copies of documents in support of your petition, Keep one copy
for yourself and file one copy in the court by duly signing it.
-send notice to the opposite party.

Cost of filing a case with effect from 10/2/2005:

District court.
For value of goods and compensation
Up to 1 lakh - Rs.100
Rs.1 lakh - Rs.5 lakh -Rs.200
Rs.5 lakhs - Rs.10 lakh -Rs.400
Rs.10 lakh to Rs.20 lakh -Rs.500
The specific fee should be in the form of crossed demand draft or crossed Indian postal order addressed to "The President, District Consumer Dispute Redressal Forum".

State Commission:
For value of goods and compensation
20 lakhs - 50 lakh - Rs.2000
50 lakhs - 1 crore -Rs.4000
The specific fee in the form of crossed demand draft or crossed Indian postal order has to be sent to "The Registrar, State Consumer Dispute Redressal Commission".

National Commission:
For the value of goods and compensation above Rs.1 crore the cost of filing a suit is Rs.5000.The specific fee in the form of crossed demand draft or crossed Indian postal order should be sent to "The Registrar, National Consumer Dispute Redressal Commission".

Territorial Jurisdiction.

The jurisdiction of the complaint is determined by the facts of the case and where the cause of action arises. Further, when you file a complaint, the area in which the opposite party resides or carries on his work or business will also have to be taken into consideration by you. This means that if you are filing a complaint against a service provider for a sum below 20 lakhs you would have to approach the District Forum in the jurisdiction where the cause of action arose. If the matter is above 20 lakhs but below 1 crore then it would be filed in the State Commission within which State the trader/ service provider/ manufacturer is located in the state in which the trader resides or works in. These two factors will have to be kept in mind while filing your complaint.

State Commission consists of a president and two members one of whom is to be a woman. The President is a person who is or has been a Judge of a High Court, and the members, are persons of ability, integrity and standing and have adequate knowledge or experience of or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.

The National Commission consists of a president and four other members (one of whom is to be a woman). The president should be the one who is or has been a Judge of the Supreme Court and the members should be the persons of ability, integrity and standing and have adequate knowledge or experience of or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.

Do other Courts (District Courts/High Courts) accept consumer disputes?

The jurisdiction of other courts to hear consumer disputes is not excluded. This is because the Parliament of India felt it was necessary to have an efficient & convenient mechanism to address and resolve the various consumer complaints across the country. As a result it created a three-tier remedial machinery for the inexpensive and quick disposal of consumer complaints. As these forums only deal with consumer complaints/issues and nothing else, all their time can be devoted to addressing consumers complaints.

Consumer complaint format

BEFORE THE HON’BLE NATIONAL / STATE / DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION/FORUM AT ( CITY ).

COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.

IN THE MATTER OF : (Name and address of complainant) .................... COMPLAINANT

VERSUS

(Name and address of the accused) .................... OPPOSITE PARTY

INTRODUCTION:

A brief paragraph about the complainant explaining the name, residence address and occupation of the complainant.
A brief paragraph about name, address and occupation of the opposite party.

RESPECTFULLY SHOWETH:

1. Description of the deal and services promised by the opposite parties for the value paid by the complainant.
2. Description of the advertisements given by the opposite parties which attracted the complainant to purchase the commodity and services.

TRANSACTION :

Details of the price of goods and services.
Details of the bill/invoice (bill number and date, item and amount)
Details of payments made by complainant (cheque number/cash, etc.)

NATURE OF COMPLAINT:

(select from list or write as required)

1. Misleading advertisements and false representation.
2. Cheating by giving false promises.
3. Deficiency in after sales service or not abiding by warranty clause.
4. Harassment by the opposite party.
5. Not delivering the goods and services for which payment is made.
6. Charging excess amount.
7. Any other factors that affected the consumer.

OTHER EVIDENCES OF SUPPORT OF COMPLAINT:

Copy of advertisement and catalogue that promised the concerned goods and services.
Copy of bill as evidence of purchase.
Other documents such as agreement copies, bounced cheques, opposite parties' letters.
Copy of letters sent to the opposite party to request for rectification of fault and settlement of the grievance.

JURISDICTION:

(Select one)

As the total amount involved is more than Rupees 1 crore, the complaint is being filed with the Hon'ble National Consumer Disputes Redressal Commission.
OR
As the total amount involved is more than Rupees 20 lakhs and less than 1 crore, the complaint is being filed with the Hon'ble State Consumer Disputes Redressal Commission.
OR
As the total amount involved is less than Rupees 20 lakhs, the complaint is being filed with the Hon'ble District Consumer Disputes Redressal Forum.

PRAYER:

The complainant therefore prays :-
i) that the relief be granted to the complainant as demanded herein.
ii) that such orders be passed as the Hon'ble Consumer Forum may deem fit in the circumstances of the case.
iii) that the accused should be punished severely so that culprits of similar kind would be afraid to indulge in such criminal activities.
iv) mention any other statement of prayer you wish to state.

PLACE : Signature
DATED : NAME OF THE COMPLAINANT

VERIFICATION

I (name of complainant), resident of (residential address) hereby declare that I have not misrepresented any facts nor have tried to hide any information in my above complaint. All the facts mentioned herein are true to the best of my knowledge.

                                                              Name & signature of the complainant

Please note: The affidavit should be notarized before further copies of complaint set are made for submission.

Arrangement of the complaint papers:

All papers to be kept in paper file in following order:

1. Complaint
2. Affidavit
3. List of documents
4. Documents
5. Vakalatnama
6. Application for injunction (if any)
7. Application for condonation of delay (if any)

Page numbers to be written on lower right corner.

Deposit the complaint file at the consumer court along with appropriate court fee.
Feel free to ask any questions.