Consumer Forum

STEP 1: Send Legal Notice:

A notice is the first and the most important step need to follow before filing the case, you can send the notice as a physical copy to the CMD of the opposite party and if you are not sure about the recipient then simply mention “To whom it may concern” or through the email to the customer care. The notice is considered as a proof that the aggrieved party have already informed the service provider or the seller about the defect or the deficiency in the service or any unfair trade practice. In most of the case, after receiving the legal notice, the opposite party solve the issue of the consumer by repairing, replacement or by the compensation. The main objective of the legal notice is to settle the issue to avoid any legal proceedings. In the notice mention all the details according to the dates and attach all the supporting documents, if possible, mention some of the latest consumer forum judgments to support your case.

STEP 2: Select Consumer Forum:

Pecuniary Jurisdiction:

• Where value of the goods or services and compensation exceeds Rupees up to 20 lakhs. The complaints can be filed with the Registry of District Consumer Forum.
• Where value of the goods or services and compensation exceeds Rupees from 20 lakhs up to one crore, the complaints can be filed with the Registry of State Commission.
• Where value of the goods or services and compensation exceeds Rupees One Crore, the complaints can be filed with the Registry of National Commission.

Territorial Jurisdiction:

A complaint may be filed in the consumer court that is within those local limits where;

• When the opposite party voluntarily resides in or works in those local limits.
• Where the cause of action arises.

STEP 3: Draft complaint:

After waiting of 15 days after receiving the notice by the opposite party, and not received any reply or the compensation from the service provider against the defected goods or service, you have strong reason to file a complaint under the Consumer Protection Act, 1986. Hiring an advocate is not mandatory, but its highly advised to consult a lawyer before to draft the legal notice and to draft the case file. In your complaint you need to mention the below mentioned points.

• Name and the address of the complainant(s).
• Name, designation, and the address of the Opposite Party(s).
• Purchase details with bill copy.
• Details about the Cause of Action with date, time and venue.
• Mention the details of communication with the Opposite Party(s).
• At the end ask for the Relief, compensation and the fee of the lawyer (if hired).
• Signature and Verification by the complainant or his authorized agent.

Attach verified Affidavit of the Complainant stating that the facts presented and statements are true to their knowledge..
Required copies: 4 +Sufficient additional sets for each Opposite Parties.

STEP 3: Submit Fee:

• For District Consumer Forum.

• For State Commission

• For National Commission

When was Consumer Protection Act 2019 enacted?
The Consumer Protection Act 2019 was notified on August 9th 2019. However, it came into effect from July 20th 2020.

What are the main features of Consumer Protection Act 2019?
While retaining certain old provisions, the New Act has certain new provisions that tightens the existing rules to further safeguard consumer rights and create exhaustive consumer  protection law.

New provisions under Consumer Protection Act 2019

• Inclusion of E- commerce, Direct selling
  Establishment of Central Consumer Protection Authority (CCPA)
• Strict Norms for Misleading Advertisement.
• Strict Norms for product liability.
• Changes in the Pecuniary Jurisdiction
• Greater ease to dispute resolution
  Addition in the clause of “Unfair Trade Practice”:
• Unfair Contract
• Alternate Dispute Resolution through mediation

Can a person buying goods or hiring services for business purpose make a complaint?
NO

Where the complaint can be filed?
A complaint shall be instituted in a District Commission within the local limits of whose jurisdiction the:

• Place of business or residence of opposite parties, or
• Place of business or residence of complainant, or
• Where the cause of action, wholly or in part, arises

What is an unfair contract?
“Unfair contract” means a contract between a manufacturer or trader or service provider on one hand, and a consumer on the other, having such terms which cause significant change in  the rights of such consumer, including the following, namely:

1. requiring manifestly excessive security deposits to be given by a consumer for the performance of contractual obligations; or
2. imposing any penalty on the consumer, for the breach of contract thereof which is wholly disproportionate to the loss occurred due to such breach to the other party to the contract; or
3. refusing to accept early repayment of debts on payment of applicable penalty; or
4. entitling a party to the contract to terminate such contract unilaterally, without reasonable cause; or
5. permitting or has the effect of permitting one party to assign the contract to the detriment of the other party who is a consumer, without his consent; or
6. imposing on the consumer any unreasonable charge, obligation or condition which puts such consumer to disadvantage

What is a misleading advertisement?
Misleading advertisement” in relation to any product or service, means an advertisement, which

1. falsely describes such product or service; or
2. gives a false guarantee to, or is likely to mislead the consumers as to the nature, substance, quantity or quality of such product or service; or
3. conveys an express or implied representation which, if made by the manufacturer or seller or service provider thereof, would constitute an unfair trade practice; or
4. deliberately conceals important information

Can a consumer complaint be resolved through mediation?
Yes. Either at the first hearing after admission, or at later stage if the District Commission is of  the view that, there exists an element of settlement, can refer the complaint to Mediation with  the consent of the parties. Also, parties at any stage of the complaint can opt for settlement through mediation.

Is there any fee to be paid for Mediation?
No, There is no fee prescribed for Mediation.

Can appeal be filed after settlement through mediation?
No appeal lies after the settlement of dispute through mediation.

What is the time limit for filing the complaint?
The complaint shall be filed within two years from the date on which the cause of action has arisen. This would mean two years from the day the deficiency in service or defect in goods has arisen/detected. This is also known as the limitation period for filing the complaint.