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Consumer Court- A Quick Guide for Tricity

consumer lawyers in chandigarh

With rapid consumption of goods and soaring consumerism in India, Consumer Courts are revered to be one of the most sought after places in cases of deficiency and disputes. To the benefits, most of these courts are consumer pro which means you will be heard first and given preference over the defaulters. As always definitely the outcome depends only on the merits of the case.

Lets us know about the working of Consumer Courts in Brief:

Know your basic CONSUMER RIGHTS first-

  1. RIGHT TO BE HEARD
  2. RIGHT TO BE EDUCATED
  3. RIGHT TO SEEK REDRESS
  4. RIGHT TO SAFETY
  5. RIGHT TO BE INFORMED
  6. RIGHT TO CHOOSE

If you wish to read the bare act, you can read it here.

 

JURISDICTION OF CONSUMER COURTS IN INDIA

1-20 lakhs – District Consumer Forum (check here online)

Above 20 lakhs to  1 crore- State Commission (Mostly in State Capitals)

Above 1 crore- National Commission (New Delhi)

 

Few Important things to know:-

1.Limitation- within 2 years of purchase or cause of action whichever is earlier. In exceptional cases where there are sufficient reasons for delay, it is upto court to condone the delay and admit complaint.

2.Court Fees- Either Indian Postal order or DD in the favour of President of consumer forum.

3.Detailed Affidavit- Detailed affidavit is required along with the petition duly attested by Oath commissioner or Notary.

4.Copies/Sets- 3 sets for the court plus copies for each opposite party along with the complaint.

5.Misleading Ads- There is also a government portal where you could easily register your complaint and get quick resolutions against misleading advertisements. Here is the link.

 

STAGES IN CONSUMER COURT TRIAL

0- Filing  Date. Case gets listed for one day after. File case under u/s 12, 15 and 17

1 First Date – Admission Hearing. Notices to be issued

2 Fixed for appearance of Respondents

3 Fixed for Reply /Evidence

4 Fixed for Rejoinder/Replication optional

5 Arguments Written (optional)

6 Arguments Oral

7 Reserve for orders

8 If the compliance is not done within 30 days then you can file Execution application or Contempt Petition u/s 25 and 27. Court will further order heavy costs and penalty for not complying with the orders. There can be numerous adjournments in any of the stages as agreed to the court but the nature of stages remains the same.

 

Court Fee Calculation

Sl. No.

Total Value of goods or services and the compensation claimed

Amount of fee payable

 

District Forum

 

(1)

Upto one lakh rupees – For complainants who are under the Below Poverty Line holding Antyodaya Anna Yojana Cards

Nil

(2)

Upto one lakh rupees – For complainants other than Antyodaya Anna Yojana card holders.

Rs.100

(3)

Above one lakh and upto five lakh rupees

Rs.200

(4)

Above five lakh and upto ten lakh rupees

Rs.400

(5)

Above ten lakh and upto twenty lakh rupees

Rs.500

 

State Commission

 

(6)

Above twenty lakh and upto fifty lakh rupees

Rs.2000

(7)

Above fifty lakh and upto one crore rupees

Rs.4000

 

National Commission

 

(8)

Above one crore rupees

Rs.5000

 

APPLICATIONS FILED IN THE CONSUMER COURT

1.Consumer Application (CC)

2.Miscellaneous Application (MA)

3.Transfer Application (TA)

4.Execution Application (EA)

5.Contempt Petition (CP)

 

This post is covers what kind of cases we can file in consumer courts at Chandigarh, Panchkula and Mohali.

 

1 Consumer Brands and FMCG- Be it shoes, T-shirts, apparels, bags, watches, food articles, Electronic brands , jewellery stores and many more….

2 Real Estate- RERA has shifted the gears of Real Estate  In India. Only the pending issues are heard at the moment in consumer courts or state commission. This category also covers services rendered by Architectural companies.

3 Insurance companies- Where insurance company is not fulfilling the terms of policy. Be it health insurance or life insurance plan. Consumers are up against the ante towards insurance companies which can clearly seen in the consumer courts of throughout India.

4 Travel Industry- Travel startups are booming which has given to rise of these tour planners and tour operators. They can let you travel through out India at cheap costs and cheap rooms only to find out that what they have promised is not true. Stinky rooms , false promises and inadequate services force tourists to move to consumer courts.

5 Private Companies/ Shop owners- Private players those who are providing consumer oriented services can also be dealt with consumer law. All you need is receipt of services that have been provided to you and evidence where they are found deficient. Even your private kiryanawala or Big Bazaar store is covered under consumer protection act.

6 Telecom Companies- Jio, Airtel, Vodafone, Idea and many other are taking customers in full swing everyday. Further 4g has revolutionized the Indian Telecom space. Mobile Internet, telecalling, video calling and phone makers likeNokia, Apple , Samsung are dealt sternly by courts in case of deficiency in services.

7 Finance Companies-  Banks , Financers , Funders who are dealing in any kind of any money lending services are covered under the ambit of consumer law. Be it Muthoot group. If they are found not upto mark in their commitments to consumers, case can be filed against them.

8 Immigration Agents- You will be glad to know that they are also covered under this category. If you have been lately fraud by Immigration agents on the pretext of being sent abroad, then consumer courts may have remedy have you.

9 Medical Industry- Government Institutions , private nursing hospitals and doctors not able to give you upto mark services are liable to give you assured standard of services without any deficiency.

10 Cooperative Societies/ Associations- Registered units giving you services in any form are also held accountable under consumer protection law but you must exhaust alternate remedies if prior exist so.

NOTE- Even the government organizations are also covered under Consumer Protection rendering vital services to its citizens.

 

Few helpful Websites-

1 You can see your case in the causelist. http://confonet.nic.in/

2 You can download the orders by putting your case number.

3 Daily orders are also available on the website.

 

In case you have any questions or case related query, feel free to call 9988817966 or shoot an email at advocatesatish7@gmail.com. Your concern will be our concern afterwards. 

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