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June 28, 2000
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Consumer Guidance Society of India
So you are set to battle it out. But just remember, consumer courts work under the jurisdiction of the Consumer Protection Act which aims primarily at providing consumers with protection and justice. Hence it is basically compensatory in nature and not punitive. If you are looking at suing a company, then you had better approach the court of law.
Who should file the complaint?
The person with the grievance. And he can do so either in person or by registered post. If sending it by post, do not put in down in an inland letter form or a post card. How should the complaint be filed?
Since there is no fixed form, you can do so on a clean and clear paper. Your handwriting should be legible and it can be written in English, Hindi or a recognized regional language. It goes without saying that typing the complaint is preferred to writing it.
Also file around four copies of the complaint along with photocopies of the supporting documents.
What should the complaint state or include?
- Names and addresses of all the concerned parties
- Facts of the case
- Sequence of events
- Cause of action
- Nature of grievance
- Compensation expected (do you want just the defect removed, good replaced, price refunded or compensated for mental torture or any medical injury as a result of the defective good or service)
- Photocopies of all the original documents (which could also be bills or receipts)
- An averment that no other court or forum has been approached for the same cause of action
- An affidavit supporting the complaint and the facts
Who fights the case?
Both the litigating parties have to be present. The person filing the complaint has to remain present during the hearings and produce all relevant documents and facts in support of the complaint. If he or she cannot be there, then their lawyers are expected to represent them. Another option to a lawyer would be an authorised representative.
How long will the case take to get resolved?
According to the Consumer Protection Rules, 1986, the National Commission should decide the complaint as far as possible within a period of three months from the date of notice received by the opposite party. Unfortunately, the National Commission is still deciding matters filed in 1995-96.
Other State Commissions currently take around a year or two in deciding matters. The Maharashtra State Commission, for instance, is presently dealing with matters filed in 1997-98.
The District Forums will take around six months to a year.
What if you are not happy with the verdict?
Firstly, you have to approach the court depending on the amount of your claim.
- If your claim is below Rs 500,000, you can approach the Consumer Disputes Redressal Forum at the district level.
- Claims between Rs 500,000 to Rs 2 million are heard by the Consumer Disputes Redressal State Commission.
- For sums beyond that, the appeal has to be filed before the National Consumer Disputes Redressal Commission (NCDRC) situated in New Delhi.
If you are unhappy with the verdict given by any of the courts, you can appeal to the one at the next level. So if you are done with the Consumer Disputes Redressal Forum on the district level, you can appeal to the State Commission. After that, it is the National Consumer Disputes Redressal Commission (NCDRC) situated in New Delhi which will hear your complaint. Your final recourse, after all these levels, is the Supreme Court.
When should an appeal be filed?
Within 30 days of the last judgement.
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