Legal Consultation for Consumer Cases From Expert Lawyers in India

Who is Consumer?

Consumer is a person who buys products or takes benefit of any service for a consideration which can be used personally or can be used to earn livelihood. Consideration can be fully paid or promised to pay or paid partly and promised partly. This aspect also includes beneficiary of goods or services which is made used with the approval of such person. One can also say that soon when we take birth on earth we become consumers because of consumption of any goods and services and one is entitled under the Consumer Protection Act to seek help. It is the consumers’ right to be protected and informed.

These days many complaints are being filed to Consumer Courts as the sellers are providing inferior quality of goods. The consumers can file a complaint when any seller or trader tries to harass or exploit them. If the consumer shows or produces the proof of exploitation in front of court then the verdict can be passed in the favor of consumer.

Indian Parliament on seeing the increase in numbers of consumer complaints, grievances and to deal with it came with the idea of Consumer Forum. These Forums will be especially dealing with the matters of consumer complaint. Firstly, a consumer is the only one who can file a complaint; secondly, any voluntary association registered under the Companies Act, 1956 or any law for time being in force; thirdly, Central or State Government and fourthly, consumers having the same interest under the Consumer Protection Act. There are also some other person who can file consumer complaint under the Act.

A consumer complaint can be filed by consumer himself/herself or through an advocate. But it will be suggested to engage a lawyer as there are technical aspects to deal with and can provide a quicker remedy. Consumer Courts and Consumer Forum both are one and the same. One needs to draft the entire facts in detail and file it before the consumer forum and then one date will be given for hearing or admission of the case. And if upon hearing the court thinks that the case has any merit then will admit it and take recourse.

How to file a case in Consumer Court?

• Before filing complaint sends a legal notice to the seller to see it they are willing to make loss the good.
• Identify the jurisdiction of forum where the complaint is going to be lodged. Both pecuniary and territorial jurisdiction should be taken into consideration. And then a prescribed fee has to be given with the complaint before the respective forum.
• A draft complaint has to be filed specifying what led to arise of cause of action. The complaint needs to be signed by consumer and if any other person is authorized then authorization letter.
• Present copy of all documents which supports consumer’s allegations.
• Complaint must state what remedy is being sought against the opposite party.
• Limitation period is of two years from date of cause of action as specified in Act. If filed after the prescribed time limit then court’s discretion.
• Affidavit needs to be given to ensure that the documents filed are true in nature.
• The complainant or the authorized representative can present the case before the forum.

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