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Consumer Protection Case

ConsumerProtection
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Consumer Protection Case

Get legal advice for all types of consumer cases with end-to-end support at an affordable price.

Features

  • Deficiency in Banking Services
  • Deficiency in Insurance Services
  • Medical Negligence
  • Unfair/Restrictive Trade Practice
  • Faulty/substandard goods
  • and many more…

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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 INAPPEAL TO BE FILLED IN
0 – 20 LakhDistrict Consumer Dispute Redressal ForumState Consumer Dispute Redressal Commission
20 lakh – 1 CroreState Consumer Dispute Redressal CommissionNational Consumer Dispute Redressal Commission
Above 1 CroreNational Consumer Dispute Redressal CommissionSupreme 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.

Copies of material evidence and relevant documents that support your case in Consumer Court are important. These documents include:

  • A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought,
  • Warranty/Guarantee certificates,
  • A copy of the written complaint and notice sent to the manufacturer/seller/service provider,
  • Relevant documents/information suggested at the time of consultation by the Lawyer.

Procedure is hassel-free!

Initialization

Details Analysis: After the finalization of service, you have to provide all necessary and relevant details and documents as per the necessity and suggestion of our legal advisor.

First Stage

Processing

Drafting of first notice: After analysis of details and document first notice is drafted to the Respondent service provider who provided the defective goods or the deficiency in services. The notice communicates the intention of the complainant to resort to litigation and informs other parties about the defects in the goods or the deficiency in the service or any unfair practice. It would be 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 to the consumer. Finalization of Notice: After confirmation of the draft of the notice, the necessary correction will be carried out along with appropriate legal review if necessary, and the final legal notice is prepared with a seal and signature and served to the other party. Preparation of complaint: After serving notice to the service provider, it will keep on hold for the waiting period mentioned in the notice. If the service provider is not willing to offer compensation or any other remedy, then a formal complaint under the Consumer Protection Act, 1986 as per legal advice by our Lawyer is prepared and forwarded to you for necessary correction and review.

Second Stage

Finalization

Filing of complaint: After finalization of a complaint it will be submitted to the appropriate consumer forum with the necessary court fee, along with all necessary documents suggested by our Lawyer. Afterward, an affidavit of the complainant will be prepared and submitted and the case will be moved for hearing and court work as per the direction of Forum.

Third Stage
What is a Consumer Court in India?
A Consumer Court is a court established under the Consumer Protection Act, 1986 to redress and adjudicate disputes in India. These Courts 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.
Who can file the complaint?
A complaint can be made in the Consumer Court by:
  • A consumer. i.e. 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 i.e. any registered association under the Companies Act, 1956, or under any other law
  • The Central or the State Government
  • One or more consumers who have the same interest
  • In cases of death of a consumer, his legal heir or representative.
We offer complete end-to-end legal advice under CPA. We have expert Lawyer with vast experience in handling the same. You may please contact us for more details.  
What documents are required to file consumer complaint ?
Copies of material evidence and relevant documents that support your case in Consumer Court are important. These documents include:
  • A copy of the bill, receipt of delivery, packaging of a product, a record of online booking of the goods bought,
  • Warranty/Guarantee certificates,
  • A copy of the written complaint and notice sent to the manufacturer/seller/service provider,
  • Relevant documents/information suggested at the time of consultation by the Lawyer.

What is a ‘defect’ in product or service?
Defect in a product or service refers to the substandard quality or a prima facie imperfection in the product or good provided. The defect can be in reference to the durability, quality, quantity, standards, composition, purity, hygiene or adulteration. It is to be measured or checked in reference to the standards required to be maintained as per the law in force or so decided by the parties or otherwise claimed by the seller or trader.
Is it mandatory to send a legal notice before filing a consumer case?
Yes, it is mandatory to send a legal notice before filing a Consumer Case in appropriate Consumer Forum. A legal notice gives an opportunity to settle the matter without approaching the Forum if the Opposite Party is willing to offer compensation or any other remedy. Further, it also brings to their knowledge the possibility of litigation.
What type of cases are heard in consumer court?
Cases that involve a dispute in the nature of a Consumer-Trader/Seller/Service Provider are heard in a Consumer Court. The cases must be either for deficiency in service, damaged goods, hazardous goods or services, unfair or restrictive trade practices, etc. Cases affecting the public at large in the spectrum of Consumer disputes may also be heard in a Consumer Court.
Do I need a lawyer for filing a case in consumer court?
You may or may not choose to hire a lawyer for filing a case in the Consumer Court. But hiring a Lawyer will definitely gets a legal assistance as the case progresses or at the stage of an appeal, which results in your favour. Our experienced Legal advisor at SS Law Firm offering a consumer protection advice at an affordable price. You may contact now for more details.
Can I appeal against the order of the Consumer Court?
The law allows the complainant and the Accused to file an appeal against the order of the forum at all three levels to ensure that there is no injustice. The hierarchical order for filing an appeal is as below :
  1. District Forum
  2. State Forum
  3. National Forum
  4. Supreme Court
Thus, under the Consumer Protection Act protection has been extended to the Consumers to protect them against unscrupulous traders or sellers and to safeguard their basic rights. It provides protection, a mechanism to settle disputes and the establishment of forums exclusively for Consumer Protection Cases.

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Appreciated We are worried about our cheque bounce litigation, SS Law Firm & team are very helpful, thanks to Adv. Swati and her team to sort out our issue and the efforts taken. We highly recommend SS Law Firm service for any legal advice and prompt legal solutions.
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