Consumer dispute redressal forums in India allow you to file a complaint without a lawyer. Such disputes are typically handled by experienced advocates. Compared to other developed countries, India has a lower level of consumer dispute resolution.
For many rights in many first world countries, we still have to go to Consumer Court in India. The only way to get those rights is through a court battle. The following information will help you get a court case:
When Can I File A Case?
According to the Consumer Protection Act, consumers are those who buy products or services for personal use. If you are unsatisfied with the quality of a service you’ve received or the standard of a product you’ve agreed to purchase within two years after filing a grievance, you are entitled to file a lawsuit in consumer court. You can also experience inconvenience or damage if your product or service is faulty. The option of representing yourself is available (although it is not always recommended).
Is There A Place Where I Can File A Lawsuit?
Complaints can be filed at three levels. Each has different powers and jurisdictions.
Disputations between districts involving up to Rs. 20 lakh are resolved by District Forums.
There are a number of cases heard by the State Commission, and appeals against District Forum decisions are also heard by the State Commission.
How To File A Case In Consumer Court?
It is advisable to send a legal notice: The company’s registered office should be notified before a lawsuit is filed.
Filing a complaint: Plain paper can be used to file the complaint once completed. As part of the complaint, the complainant’s name, description, and address, the facts relating to the complaint, and the documents supporting the allegations should all be included.
Fees to be paid to the court: To pay the court fee, you will need a demand draft.
Consumer Court Benefits – What Are They?
As a means of empowering consumers, the consumer court was established. A relatively simple filing and hearing procedure was designed in order to allow laypeople to get justice without having a deep understanding of the law. Consumer courts are not without disadvantages, however, despite their advantages. There are a few things to consider before taking the legal route, even if you feel confident about your case.
Legal counseling
Neither you nor a relative need to hire an attorney to appear in consumer court. The initial paperwork can also be handled by a lawyer, then you can take over from there. In consumer court, there is a checklist that must be followed. A consumer litigant must put in a lot of effort to put together a complaint and see the case through. In spite of the fact that legal assistance is not mandatory, having one is definitely beneficial. Seeing a case through may be possible if a legal document is written and articulated coherently.
Expenses
Consumer court cases are not expensive, and they should be resolved relatively quickly compared to other types of cases. It is possible for any case to drag on for years, leaving you with substantial costs to bear, but these courts do have authority that is just as binding as any other court. If you hire a lawyer, you will be charged litigation fees. Organizing your documents will also cost more. The distance between your home or workplace and the court must also be considered along with travel expenses.
Take no chances
Sometimes it doesn’t make sense to go to court. Small disputes with companies should usually be resolved cordially with a higher authority if possible.
The effort
No matter whether you fight the case yourself or hire an attorney, you must keep your head about you. Lawyers cannot handle everything for you. Making a conscious effort is essential for winning a case.
Time
To fight a case in consumer court will take a lot of time. If you attend court, you may have to divert your attention from other responsibilities or clear appointments. As a result, it could lead to greater long-term monetary losses.
Proving a case
The country’s civil judicial system is governed by the Indian Evidence Act and the Code of Civil Procedure. Consumers are responsible for proving their claim in accordance with the legal procedure. The judge or court staff will not do this for you. Despite their assistance, you are ultimately responsible for proving your case.
You should consider the value of your suit before filing a complaint with the district consumer forum. The district forum will not accept your suit if its value exceeds Rs. 20 lacs. A complaint should be filed with the state consumer forum in such a case.
In the consumer court online process, filing a case is one of the most important steps. You can develop a strong case with the help of a lawyer and win your case fairly easily. In cases involving defective products, consumer court has several advantages. I appreciate you taking the time to read this and wish you a wonderful day!
