What is Consumer Protection Case?
To protect consumer rights wherein unsatisfied consumers can file a case in Consumer Court against the seller/service provider on the grounds of harassment or deliverance of defective goods or services. A Consumer Court is a Court established under the Consumer Protection Act, of 1986 to redress and adjudicate consumer disputes in India.
Generally, 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 remediate the consumer and provide for a redressal mechanism, the Consumer Protection Act, 1986 came into force. The redressal are established at three levels i.e. District, State, and National levels. According to the law, a dispute is filed in these forums depending on the monetary limit i.e. each Court has a valuation fixed by law.
The complaint has to be filed in the appropriate consumer forum as per the amount involved. If the consumer forum decides in favour of the seller/ manufacturer, an appeal can be filed against the order. The jurisdiction and appeal courts are mentioned in the following table:
| AMOUNT INVOLVED (IN RS.) | COMPLAINT TO BE FILED IN | APPEAL TO BE FILLED IN |
|---|---|---|
| 0 – 20 Lakh | District Consumer Dispute Redressal Forum | State Consumer Dispute Redressal Commission |
| 20 lakh – 1 Crore | State Consumer Dispute Redressal Commission | National Consumer Dispute Redressal Commission |
| Above 1 Crore | National Consumer Dispute Redressal Commission | Supreme Court |
What do we offer?
We offer legal advice under Consumer Protection Act in various scenarios detailed below:
- Adoption of unfair trade practice or a restrictive trade practice by the service provider;
- Deficiency in Services, whether hired or availed or agreed to be hired or availed service;
- Defective goods, whether the consumer already bought or agreed to be bought by the complainant;
- Overcharging of goods or services, over 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 pose a threat to life and safety when used or availed provided the trader could know that the goods or services are hazardous by due diligence.
To file the complaint under CPA, the first Complainant needs to be an intimate Respondent by sending a legal notice. After serving the notice, depending on the reply to the notice a consumer complaint be drafted accordingly. Wherein all the facts may be submitted to the appropriate consumer forum along with relevant documents as per the need arises by paying requisite fees. After filing the complaint successfully an affidavit should be filed stating all the facts therein.
