Consumer Forum Matter

A Consumer Forum Matter proceeds in the court established under the Consumer Protection Act, 1986  to redress and adjudicate the dispute in India. These Courts are established at three levels in India i.e. District, State, and National levels. According to the law provisions, a dispute is filed in these forums depending on the monetary amount limit i.e. each Court has a valuation fixed governed by law.

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    Consumer Forum Matter

    Consumers are the backbone of an economy they have own purchasing capacity of goods and services. Ideally, the goods and services must be of a certain quality and not be defective or deficient in nature. However, there are multiple situations wherein the Consumer is a victim of deficient service or substandard goods. To provide remediate to the consumer and provide a redressal mechanism, the Consumer Protection Act, 1986 came into force.

    “Consumer Courts have proven to be the most effective manner to provide a remedy to the Consumers and address their grievances. Filing a complaint is very simplest way and cost-effective, unlike other forms of litigation. The territorial jurisdiction also plays a vital role while deciding which district consumer forum one can file the complaint along with the pecuniary jurisdiction. As in Delhi, it depends on the location of the person’s place of business, cause of action and residence of consumer and over to that, it should also take into account the said location under which police station jurisdiction the cause of action arose before filing the case in the concerned district consumer forum.

    Who is eligible to file a complaint in a Consumer Court?

    • A consumer. But who is a ‘consumer’ exactly? A person is a consumer if he/she fulfills the following conditions:
      • The person has purchased goods or availed some services in exchange for some value, i.e. he/she has paid money 
      • The person must have bought the goods for personal use, and not for resale or commercial purposes
    • Voluntary consumer association: Any registered organisation under the Companies Act, 2013, or under any other law time being in force,
    • The Central or the State Government
    • One or more consumers who have the same interest
    • In the case death of consumer, his legal heir or legal representative. 

    When consumer can lodge a complaint?

    A complaint can be filed by the Consumer or his legal heir or representative or voluntary consumer association if any of the below mentioned grounds are satisfied in his case;

    • the statutory period of 2 years from the date of cause of action has not been lapsed;
    • the complaint must have the legal capacity to file the complaint i.e. should be sane, solvent and major.

    If you fall within the ambit of the definition of a “Consumer”, you need to identify the ground under which you can file the “Complaint”. A complaint here means any allegation made by the complainant in written form.

    Grounds for Filing a Complaint are:

    • Adoption of unfair trade practice or a restrictive trade practice by the service provider; 
    • Defective goods, whether already bought or agreed to be bought by the complainant;
    • Deficiency in Services, whether hired or availed or agreed to be hired or availed;
    • Overcharging of goods or services in excess of the price that may have been fixed by law or displayed on the packaging of goods or the price list exhibited or so agreed between the parties;
    • Selling or offering to sell hazardous goods or services which cause a threat to life and safety when procure or availed provided the trader could know that the goods or services are hazardous by due diligence.

    Time limit to file a case in the Consumer Court

    A consumer complaint should be filed within two years from the date on which the cause of action or deficiency in service or defect in goods arises. However, the law of provision allows the Consumer to file a complaint after the statutory period of two years if the District Forum is satisfied that the complainant has sufficient reasons for not filing the complaint within the statutory period. The delay can be condoned if it is reasonable and can be accounted for.