Consumer Courtis the special purpose court in India that deals with cases regarding consumer disputes and grievances. These are judiciary hearings set up by the government to protect the consumer rights. Its main function is to maintain the fair practices by the sellers towards consumers. Consumers can file a case against a seller if they are harassed or exploited by sellers. The court will only give a verdict in favour of the consumers/customers if they have proof of exploitation, i.e., bills or other documents. If a consumer does not have the proper documents required for filing a case then it would be very difficult for the consumer to win or even file a case.
The main function of consumer court is to provide some extra privilege to the consumers and to maintain fair practice by the seller or the service provider towards the consumer. Submitting complaint is very simple and a consumer has no need to hire any lawyer. Approaching a consumer court is very simple and extremely cheap as you can represent yourself without having to hire a lawyer and not required to pay any court fee but just a nominal fee.
The Consumer Protection Act,1986 is an Act of the Parliament of India enacted in 1986 to protect the interests of consumers in India. It makes provisions for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith also. The act was passed in Assembly in October 1986 and came into force on 24th December 1986. The day is celebrated as consumer protection day, one of the benevolent social legislation intended to protect the large body of consumers from exploitation. It has become the vehicle for enabling people to secure speedy and in- expensive Redressal of their grievances. To provide cheap, speedy and simple Redressal to consumer disputes, quasi-judicial machinery is set up at each District, State and National levels called District Commissions, State Consumer Disputes Redressal Commission and National Consumer Disputes Redressal Commission respectively. At present, there are 629 District Commissions, 35 State Commissions with apex body the National Consumer Disputes Redressal Commission (NCDRC) having its office at Upbhokta Nyay Bhawan, 'F' Block, GPO Complex, INA, New Delhi- 110 023
ESTABLISHMENT OF DISTRICT CONSUMER COMMISSION:
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION was established as per the government order and started working from 1992.The main objective of this COMMISSION is to protect the large body of consumers from exploitation and to provide cheap, speedy and simple Redressal to consumer disputes.
JURISDICTION OF THE DISTRICT COMMISSION
- A Consumer Disputes Redressal COMMISSIONto be known as the "District Commission" established by the State Government in each district. This consumer court deals with complaints where the value of the goods or services and compensation, if any, claimed upto Rupees One Crore.
- A complaint shall be filed in a District Commission, where the opposite party/parties, actually and voluntarily resides or carries business or has a branch office or personally works for gain are within the local limits.
- The cause of action, partly or wholly is within the jurisdiction.
PROCEDURE FOR FILING A COMPLAINT:
- Engagement of Lawyer is not compulsory, the complainant can himself/herself or through a representative represent his/her case.
- A Complaint is to be filed within two years from the date on which cause of action arose.
- . A Complaint should be filed in four sets along with the copies of documents if any to be produced and copies depending on the number of opposite parties are required to be filed.
- A Complaint shall clearly contain particulars of dispute and the relief claimed and shall also be accompanied by copies of such documents as are necessary to provide the claim made in the complaint.
- A complaint filed before the District COMMISSION shall be accompanied by appropriate fee as specified in the table given below paid in the form of demand draft drawn on Nationalized Bank, drawn in favour of “The President,DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, Morigaon “ .
NEW COURT FEE (w.e.f 20th July. 2020) :
|Sl. No||Total Value of Goods/services and the compensation claimed||Amount of Fee payable|
|1||Up to Five(5) Lakh Rupees||Free|
|2||Above Five(5) Lakh and less than Ten(10) Lakh||Rs.200.00|
|3||Above Ten(10) Lakh and less than Twenty(20) Lakh||Rs.400.00|
|4||Above Rupees Twenty Lakh and upto Rupees Fifty Lakh||Rs.1000.00|
|5||Above Rupees fifty lakh and upto Rupees One Crore||Rs.2000.00|