The Indian government has established the consumer courts under the Consumer Protection Act to safeguard the interest of consumers. The consumer court is a special purpose court that deals with consumer complaints, disputes and grievances. Consumers can file a case against a seller or service provider if they feel cheated or exploited.
The purpose of establishing a separate forum for consumer disputes is to ensure speedy resolution of disputes with minimum inconvenience and expense to consumers.
Who can file a case in consumer court?
As per the Consumer Protection Act, a person is considered a consumer if they acquire goods or services for their own use, other than for a business.
Types of cases that can be filed in consumer courts
The consumer can file a case against the seller or service provider if he has suffered loss or damage due to…
Deficiency in service
Unfair or restrictive trade practices
Harmful goods or services Excess price charged
Types of consumer courts
As per the Consumer Protection Act, a complaint can be filed in...
District Forum: Value of goods or services up to Rs 50 lakh
State Commission: Value of goods or services is more than Rs 50 lakh and up to Rs 2 crore
National Commission: Value of the goods or services exceeds Rs 2 crore (the National Commissionis located in Delhi).
Procedure of filing a case in the consumer court
You can approach the consumer court with in two years from the date on which the cause of action arises. Before approaching the consumer forum, you first need to send legal notice to the opposite party and give them 30 days to resolve the dispute. If they ignore your legal notice and do not reply or resolve the issue within 30 days, you can approach the consumer court. For filing a case in the consumer forum, you just need to mention all the details of the case, attach annexures and submit the required copies. Normally three copies of these documents are required to be submitted – one for court, one which is forwarded to the opposite party and one for the complainant.
In case the number of opposite parties is more than one, then more copies of the case documents are required. Along with these case documents, you also need to deposit the required court fees.
Relief provided by consumer courts The consumer forum can give direction to remove the defects from the goods; replace the goods; refund the pricepaid; remove thedefects or deficiencies in the services; award compensation for the loss or injury suffered by the complainant; discontinue unfair trade practice or restrictive trade practice; withdraw hazardous goods from being offered for sale; cease manufacture of hazardous goods and desist from offering services which are hazardous innature; pay for sum (not less than 25 per cent of the value of defective goods or services provided); issue corrective advertisement to neutralise the effect of misleading advertisements; provide adequate costs to parties.
Details of consumer courts in Mumbai
District Consumer Dispute Redressal Forum (south Mumbai), Plot No. CS-4/296, 2nd Floor, PT Parel Shewri Division, SS Road, Near Mahatma Gandhi Hospital, Maharashtra 400012. District Consumer Dispute Redressal Forum (Mumbai suburban), Government Colony, Bandra East, Mumbai, Maharashtra 400051.
Maharashtra State Consumer Disputes Redressal Commission, Old Administrative Staff College Bldg, Room No.1, 2, 5 & 6, Hajarimal Somani Marg, Opp. CSMT railway station, Mumbai – 400001. E-filing of consumer court cases https://edaakhil.nic.in
The e-daakhil portal provides a hassle-free, speedy and inexpensive facility to approach the relevant consumer forum, doing away withtheneed to be physically present to file grievances. The portalhas many features like e-notice, case document download link and VC hearing link, filing written response by the opposite party, filing rejoinder by the complainant and alerts via SMS / e-mail.
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