file a case in consumer court

How to file a case in consumer court

It is very essay to know how to file a case in consumer court in India for a grievance for any goods and services he has purchased. The consumer courts have been specially set up to protect the interests of consumers.

Follow the steps below in order to know how to file a case in consumer court –

  1. Send written notice to opposite parties.
  2. Determine which consumer forum your case will lie.
  3. Draft or write your case on paper and submit to Consumer Forum.
  4. Appear before the consumer forum to present case.

NOTE : Read each step in detail below for a better understanding.

Send written notice to opposite parties.

As a word of caution, it can be said that though the consumer complainant process a very lenient process compared to the ordinary court process is still an official process. Before beginning the same it is advisable that the Consumer gives a written notice to the defaulting party giving details of his complaint and thus giving him a chance to resolve the same at the threshold itself. This will not only give a chance for the complainant to be resolved amicably but also prove the Consumer’s bona fide. Further it will create documentary proof of the consumer’s grievance and the defaulting party’s neglect of refusing to resolve the same.

Determine which consumer forum your case will lie.

A person to file a consumer complaint has to firstly determine where the complainant will be filed which is a twofold process.

Firstly, if the value of the goods and services plus the damages and interest (i.e. total value of the case) is: (Pecuniary Jurisdiction)

Secondly, it has checked which place the complaint will be filed. It will depend on where the cause of action arises i.e. where the disputed or wrong action took place against which the consumer is filling the present case or where the opposite party or accused party is situated. (Territorial Jurisdiction)

For eg- if the dispute is for a car sold at Rs. 5 lakh, the complaint will lie before the District Commission. Further if the place where the car is sold Silchar, Assam than the complainant will be made before the Cachar District Forum. (check from the list of district forums)

Who can file a Consumer Complainant?

A consumer complainant can be filed by the consumer himself, the relative, husband or legal representative. A consumer may also authorize any other third person to proceed on his or her behalf by giving a written authority and filling the same along with the case papers.

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