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Consumer Court in India
Consumer Court in India
Consumer Court in India
Consumer courts were established as Consumer Dispute Resolution Agencies and they deal
with consumer disputes, conflicts and grievances. It is a forum where a consumer may file a
case against a seller in the case where the consumer feels that he has been cheated or
exploited by the seller. The point of having a separate forum for consumer disputes is to
ensure that such disputes are speedily resolved and make is less expensive.
COPRA provides for the formation of consumer courts, under the Act there are three tiers of
The DCDRF operates at a district level and takes on any consumer dispute where the
The SCDRC operates at a state level and takes on any consumer dispute where the
appellants claim for compensation exceeds the amount of 20 lakhs but does not exceed 1
crore rupees.
The NCDRC is the apex court and takes on any consumer dispute where the appellants
Jurisdiction
The jurisdictions of the courts are based on the hierarchy of the courts;
1. Pecuniary Jurisdiction: The District Consumer Dispute Redressal Forum has the
pecuniary jurisdiction of up to an amount that does not exceed 20 lakhs. The State
Consumer Dispute Redressal Commission has the pecuniary jurisdiction where the claim
exceeds 20 lakhs but does not exceed 1 crore rupees. The Nation Consumer Dispute
Redressal Commission has the pecuniary jurisdiction where the claim exceeds the amount
of 1 crore rupees.
2. Territorial Jurisdiction:
jurisdiction. A complaint may be filed in the 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 from. To determine where the cause of action arises you can apply
the same laws applicable to contract law. Territorial jurisdiction when a transaction was
done online.
3. Appellate Jurisdiction: If a consumer is not satisfied by the decision made by the district
forum they may make an appeal to the state commission. If the consumer is aggrieved by
the decision made by the state commission they may appeal to the national commission. If
a consumer is not satisfied by the decision made by the national commission they may
A notice to be sent by the aggrieved party to the service provider who provided the goods or
the services. The notice communicates the intention of the complainer to resort to litigation
and informs him about the defects in the goods or the deficiency in the service or any unfair
practice. The notice is also an attempt to settle the complaint without approaching the
Forum i.e. if the service provider is willing to offer compensation or any other remedy.
If the service provider is not willing to offer compensation or any other remedy, the next
step is to file a formal complaint under the Consumer Protection Act, 1986. The filing of
the Complaint does not necessarily require a lawyer. The complaint can be filed by the
aggrieved person. The following details must be specified in the complaint:
1. Name, description and the address of the complainant(s) and the Opposite Party or
parties.
2. Cause of Action, the approximate date, time and venue.
3. Relevant facts relating to the cause of action.
4. The Relief or Remedy claimed by the complainant in accordance with the facts of the
case.
5. Signature and Verification by the complainant or his authorized agent.
STEP 3: Attach Relevant Documents:
o A copy of the bill, receipt of delivery, packaging of a product, a record of
online booking of the goods bought
o Warranty/Guarantee certificates
o A copy of the written complaint and notice sent to the manufacturer/seller
STEP 4: Appropriate Forum:
Choose the appropriate forum for filing the complaint in accordance with the pecuniary
jurisdiction which is estimated in reference to the total value of goods and services bought
or availed and the amount of compensation sought.
A prescribed fee is required to be paid along with the complaint filed depending on the
forum. The court fee depends upon the value of goods bought and the amount of
compensation sought.
The person who wants to file a case in the Consumer Court is also required to submit an
affidavit in the court. The affidavit must state that the facts presented and statements made
by the consumer are true to their knowledge.
The complaint has to be filed in the appropriate consumer forum as per the amount
involved. If the consumer forum decides in favor of the seller/ manufacturer, an appeal can
be filed against the order. The jurisdiction and appeal courts are mentioned in the following
table:
AMOUNT
COMPLAINT TO BE FILED IN APPEAL TO BE FILLED IN
INVOLVED (IN RS.)
District Consumer Dispute State Consumer Dispute
0 – 20 Lakh
Redressal Forum Redressal Commission
State Consumer Dispute National Consumer Dispute
20 lakh – 1 Crore
Redressal Commission Redressal Commission
National Consumer Dispute
Above 1 Crore Supreme Court
Redressal Commission