The preamble of Consumer Protection Act reads: An act to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumer disputes and for matters connected therewith.
And under Section 9 of the Consumer Protection Act, various Consumer Forum at various levels, i.e. District Consumer Forum, State Commission and National Disputes Redressal Commission have been set up. The jurisdiction of the consumer forums is mainly pecuniary… a consumer matter starts with filing of a consumer complaint in a consumer forum/court at a district level, when the compensation demanded does not exceed Rs 20 lakhs and with State Commission upto 1 crore.
The complaint has to be filed in physical form with a consumer forum/court and kindly note there is no procedure to file a complaint either by Fax or online over the Internet with any government established consumer forum/court. As according to the rules the complaint has to be signed by the Complainant in original and has to accompany with the affidavit in original only. Basically, the filing procedure in a consumer forum would be as follows:
1. Complaint has to be filed on a plain paper in triplicate/quadruplicate in person, depending upon the number of opposite parties.
2. It should include name & address of complainant and opposite party, which should be followed by facts/transaction, the resulting grievance and lastly compensation and relief sought.
3. Documents like payment proof i.e. receipt is most relevant, further correspondence with the opposite party and any other supporting document should be attached to the main complaint as Annexures !
4. Further The complaint should be accompanied by specified fees and be signed by the complainant.
5. Complaint can be filed with the District Forum in whose jurisdiction the opposite party reside or carries on business or where the cause of action arose, in case value of goods and services availed along with compensation claimed is less than 20 Lakhs, otherwise complaint can proceed at higher levels.
Though preferably, before filing of a consumer complaint, it is better to get in touch with the Opposite Party in writing either through normal correspondence or in case of prima-facie matters, to get them service with a Legal Notice. This provides an opportunity to settle the matter initially.
The procedure in a consumer forum takes on an average 18-24 months, which involves various dates after every 2-3 months interval, which can either be presented by the Consumer himself or through a representative or a professional lawyer.
While trying the matter, the District Consumer Forum has the same powers as are vested in a civil court under Code of Civil Procedure, 1908 while trying a suit in respect of the following matters, namely:—
(i) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;
(ii) the discovery and production of any document or other material object producible as evidence;
(iii) the reception of evidence on affidavits;
(iv) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;
(v) issuing of any commission for the examination of any witness, and
(vi) any other matter which may be prescribed.
And also most importantly the consumer forum has been empowered to deal with matters involving false evidence laid down before it, where criminal proceedings can be initiated (refer: Reliance Mobile V Hari Chand Gupta – Punitive Damages for False Affidavit). This has been provided specifically under section 13 of the Consumer Protection Act:
(5) Every proceeding before the District Forum shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Code (45 of 1860), and the District Forum shall be deemed to be a civil court for the purposes of section 195, and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
The decision of the Consumer Forum is called the order, which mainly involves re-compensating the consumer and also providing for legal expenses and reasonable/exemplary compensation. Against which, the opposite party can prefer an appeal within 30 days of the receipt of the order, with the State Commission.
And in case no appeal has been filed and order has not been complied with, the consumer/complainant can file an execution proceedings against the Opposite party to enforce the order under Section 25/27 of the Consumer Protection Act.