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Date: 14 Apr 2009 Group: Lawyers Category: Indian Law
How to file a case in consumer courts?
How to file a Case in Consumer Courts? please tell me the procedure of Doing this. What are the documents required for this case? How much money will be spend on filing a Case?
|Author: fathimathabasum 16 Apr 2009 Member Level: Gold Points : 6 (Rs 6) Voting Score: 2|
|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 value of goods and compensation is more than 20 lakhs but less than one crore, case can be filed in State Consumer Dispute Redressal Forum.
If the value of goods and services is more than one crore, case should be filed in National Commission.
At present there are 569 district consumer forums, 33 state forums and National Dispute Redressal commission is at New Delhi.
Filing a petition:
You can file a petition in person or by an authorized agent through registered post. with in 2 years from the date of such deficiency occurred.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:
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 "President,District consumer dispute redressal Forum".
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 "Registrar,State Consumer Dispute Redressal 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 "Registrar,National Consumer Dispute Redressal Commission".
|Author: Ajay Kumar 20 Apr 2009 Member Level: Gold Points : 1 Voting Score: 0|
* In cases where the value of goods and services involved is less than Rs. 20 Lakhs in value, you will have to file the complaint in the District Forum constituted in the specified districts of a State.
* In cases where the value of goods and services involved is more than Rs. 20 Lakhs in value but does not exceed Rs 1 crore you will have to file the complaint with the State Commission constituted in the capital cities of the different states
* In cases where the value of goods and services involved is more than 1 crore in value then you can file a complaint with the National Commission which has been constituted only in New Delhi.
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.
Consumer Courts Consumer Forums
There are consumer forums at the District, State and National level. 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.
The District Forum consist of one president and two other members (one of whom is to be a woman).The president of the Forum is a person who is, or has been qualified to be a District Judge, and other 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. They can hear the case involving amount of Rs. Twenty Lacs. It is situated in the District head quarters.
State Commissions A State Commission has jurisdiction in whole of the State for which it is constituted. It can hear the cases involving the amount more than rupees twenty lacs and up to rupees one crore. It has also jurisdiction to hear appeal against the orders of District Forum of that particular State. It is situated in the capital of the State.
State Commission consists of a president and two members one of whom is to be a woman.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.