Procedure For Filing Consumer Complaints In Court And Forum

(i) What is the law on consumer complaints in India?

The law on consumer complaints in India is established by the Consumer Protection Act, 1986. It is a benevolent social legislation that lays down the rights of the consumers and provides for the promotion and protection of the rights of the consumers. The Consumer Protection Act has enabled ordinary consumers to secure cheap and speedy redressal of their grievances. The Consumer Protection Act spells out the rights and remedies of the consumers in a market that is dominated by organized manufacturers and traders of goods.

The Consumer Protection Act mandates the establishment of Consumer Protection Councils at the Centre as well as in each State and District, with a view to promoting consumer awareness. The Central Council is headed by Minster In-charge of the Department of Consumer Affairs in the Central Government and the State Councils by the Minister In-charge of the Consumer Affairs in the State Governments.

(ii) How many consumer courts / forum are available in India?

The Consumer Protection Act provides for a three-tier structure of the National and State Commissions and District Forums for speedy resolution of consumer disputes.
Quasi-judicial bodies have been set up in each District and State and at the National level, called the District Forums, the State Consumer Disputes Redressal Commissions and the National Consumer Disputes Redressal Commission respectively. At present, there are 629 District Forums and 35 State Commissions with the National Consumer Disputes Redressal Commission (NCDRC) at the apex.

(iii) Where are the offices of the consumer courts / forum located?

The National Consumer Disputes Redressal Commission (NCDRC) has its office at Upbhokta Naya Bhawan, ‘F’ Block, GPO Complex, INA, New Delhi-110 023. The Registry of the National Commission is at the Ground Floor, Upbhokta Nyay Bhawan, ‘F’ Block, GPO Complex, INA, New Delhi-110 023 which remains open on all working days. For any enquiry with the Registry of the National Commission, one can contact on Telephone Nos. 011-24608801, 24608802, 24608803, 24608804 and Fax No. 24651505. The filing timings are from 10.00 a.m. to 4.30 p.m. Every matter filed with the Registry is listed on the 7th day of its filing for admission before the National Commission.

(iv) What is the qualification of judges of the consumer courts / forum?

Each District Forum is headed by a person who is or has been or is eligible to be appointed as a District Judge and each State Commission is headed by a person who is or has been a Judge of High Court. The National Commission was constituted in the year 1988. It is headed by a sitting or retired Judge of the Supreme Court of India. The National Commission is presently headed by Hon’ble Mr. Justice D. K. Jain, former Judge of the Supreme Court of India as President and has ten Members, viz. Hon’ble Mr. Justice J.M. Malik, Hon’ble Mr. Justice K. S. Chaudhari, Hon’ble Mr. Justice Ajit Bharihoke, Hon’ble Mrs. Rekha Gupta, Hon’ble Dr. B. C. Gupta, Hon’ble Dr. S. M. Kantikar, Hon’ble Mr. Justice V.K. Jain, Hon’ble Mrs. M. Shreesha, Hon’ble Mr. Prem Narain & Hon’ble Mr. Anup K. Thakur.

(v) What type of goods and services are covered by the Consumer Protection Act, 1986?

The provisions of this Act cover ‘goods’ as well as ‘services’. The goods are those which are manufactured or produced and sold to consumers through wholesalers and retailers. The services are in the nature of transport, telephone, electricity, housing, banking, insurance, medical treatment, etc.

(vi) How are proceedings in the consumer court/ forum conducted?

A written complaint, can be filed before the District Consumer Forum for pecuniary value of upto Rupees twenty lakh, State Commission for value upto Rupees one crore and the National Commission for value above Rupees one crore, in respect of defects in goods and or deficiency in service. The service can be of any description and the illustrations given above are only indicative. However, no complaint can be filed for alleged deficiency in any service that is rendered free of charge or under a contract of personal service.

The functioning of the District Forum, State Commission and National Commission is consumer friendly. A consumer can file a complaint and also address arguments in person. In genuine cases where the complainant/ appellant/ petitioner before the National Commission is unable to engage the services of an advocate legal aid is provided by the Commission free of charge.

The remedy under the Consumer Protection Act is an alternative in addition to that already available to the aggrieved persons/consumers by way of cibil suit. In the complaint/appeal/petition submitted under the Act, a consumer is not required to pay any court fees but only a nominal fee.
Consumer Fora proceedings are summary in nature. The endeavor is made to grant relief to the aggrieved consumer as quickly as in the quickest possible, keeping in mind the provisions of the Act which lay down time schedule for disposal of cases.

If a consumer is not satisfied by the decision of a District Forum, he can appeal to the State Commission. Against the order of the State Commission a consumer can come to the National Commission.

(vii) What is the role of consumer courts?

The main function of consumer court is to ensure that every consumer has the right to seek redressal in the courts, and the court should see that the consumer is satisfied by the verdict of the judges and is provided the following reliefs:- (i) Removal of defects from the goods, (ii) Replacement of the goods, (iii) Refund of the price paid, (iv) Award of compensation for the loss or injury suffered, (v) Removal of defects or deficiencies in the services, (vi) Discontinuance of unfair trade practices, (vii) Withdrawal of the hazardous goods from being offered to sale and (viii) Award of adequate costs to parties.

In order to help achieve the objects of the Consumer Protection Act, the National Commission has also been conferred with the powers of administrative control over all the State Commissions by calling for periodical returns regarding the institution, disposal and pendency of cases. The National Commission is empowered to issue instructions regarding:

(1) adoption of uniform procedure in the hearing of the matters,

(2) prior service of copies of documents produced by one party to the opposite parties,

(3) speedy grant of copies of documents, &

(4) generally over-seeing the functioning of the State Commissions and the District Forums to ensure that the objects and purposes of the Act are best served, without interfering with their quasi-judicial freedom.

(viii) Where to file consumer complaints?

Consumer complaint can be filed in any of the following courts:

District Consumer Disputes Redressal Forum (DCDRF)
State Consumer Disputes Redressal Commission (SCDRC)
National Conumer Disputes Redressal Commission (NCDRC)

The choice of court will depend on the amount of transaction and relief you seek and the location where the cause of action arises.

If transaction and relief is Rs. 20 Lakhs or below, case is filed in DCDRF
If amount is more than Rs. 20 Lakhs but below Rs. 1 Crore, case is filed in SCDRC
If amount is Rs. 1 Crore and above, case is filed at NCDRC

The case is filed in the city / state where the Opposite Party resides, has registered office, branch, or works for gain.

The case can also be filed in the city / state where the cause of action has occurred.

Address of Consumer Courts in India

ADDRESS OF NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION IN INDIA

National Consumer Disputes Redressal Comission
A Wing, 5th Floor, Janpath Bhawan
Cannaught Place
New Delhi 110001
Fax: (011) 23712456

ADDRESSES OF STATE CONSUMER DISPUTES REDRESSAL COMMISSIONS IN INDIA

Andhra Pradesh
The President
State Consumer Disputes Redressal Commission
High Court Building, Hyderabad-500002

Arunachal Pradesh
The President
Arunachal Pradesh State Consumer Disputes Redressal Commission,
65 Vivek Vihar, Itanagar- 795 111,

Assam
The President,
Assam State Consumer Disputes Redressal Commission,
Guwahati High Court, Guwahati.

Bihar
The President,
Bihar State Consumer Disputes Redressal Commission,
12, North Shrikrishnapuri, Patna.

Delhi
Delhi State Consumer Disputes Redressal Commission
A-Block, Vikaas Bhawan
I.P. Estate
New Delhi.
Tel: 23322946, 23322989, 23321558

Goa
The President,
Goa State Consumer Disputes Redressal Commission,
C/o. Directorate of cibil supplies & price Control,
Janta House, Panaji, Goa.

Gujarat
The President,
Gujarat State Consumer Disputes Redressal Commision,
4, Vijay Park Society, Opp. Municipal Market,
Navrangpura, Ahemdabad-380 009.

Haryana
President,
Haryana State Consumer Disputes Redressal Commission,
Kothi No. 548, Sector 8B, Chandigarh – 160 018.

Himachal Pradesh
The President,
H.P. State Consumer Disputes Commission,
Mini Secretariat, Shimla – 171 002

Karnataka
The President,
Karnataka State Consumer Disputes Redressal Commission,
Basava, Basaveswara Circle,
Miller Road, Banglore – 560 001

Kerala
The President,
State Consumer Disputes Rerdressal Commission,
T.C.14/407, Extra Police Road,
Palayam, Museum P.O.
Thiruvananthapuram,
Pin – 695033.

Madhya Pradesh
The President,
Madhya Pradesh State Consumer Disputes Redressal Commission,
Plot No. N-24, Zone-I Maharana Pratap Nagar,
Bhopal-462 011.

Maharastra
The President,
Maharastra State Consumer Disputes Redressal Commission,
Administrative College, Room Nos. 1 and 2, Hazarimal Somani Marg,
Opp. V.T. Station, Bombay – 400 001.

Manipur
The President,
Manipur State Consumer Disputes Redressal Forum,
Post Box No. 64, Imphal.

Meghalaya
The President,
Meghalaya State Consumer Disputes Redressal Commission,
C/o Office of the Transport Commissioner,
Lower Luchumiere, Shillong- 793 001.

Mizoram
The President,
MizoramState Consumer Disputes Redressal Commission,
Zodian Squarew, Aizawal – 796 001, Mizoram.

Nagaland
The President,
Nagaland State Consumer Disputes Redressal Commission,
Guwahati High Court Building, Guwahati

Orissa
President,
Orissa State Consumer Dispute Redressal Commission,
High Court Building, Cuttack- 753 001.

Punjab
The President,
Punjab State Consumer Disputes Redressal Commission,
SCO No. 3009010, Sector 22-D, Chandiagarh.

Rajasthan
The President ,
Rajasthan State Consumer Disputes Redressal Commission,
Room No. 133, 1st Floor, SSO Building, Secretariat
Jaipur (Rajasthan)

Sikkim
The President,
Sikkim Styate Consumer Disputes Redressal Commission,
C/o O/o Food & cibil Supplies Department, Gangtok.

Tamil Nadu
The President,
Tamil Nadu State Consumer Disputes Redressal Commission,
212, R.K. Mutt Road, Slum Clearence Board Building,
Iind Floor, Southern Wing, Mylapore, Madras -600 004.

Tripura
The President,
Tripura State Consumer Disputes Redressal Commission,
307, Akhura Road, Agartala – 799 001 (Tripura)

Uttar Pradesh
The President,
Uttar Pradesh State Consumer Disputes Redressal Commission,
2A/1, Rana Pratap Marg, Lucknow (U.P.)

West Bengal
The President,
West Bengal State Consumer Disputes Redressal Commission,
Bhabani Bhavan, Ground Floor, Calcutta -700 027.

Andaman & Nicobar Islands
President,
Andaman & Nicobar State Consumer Disputes Redressal Commission,
Andaman & Nicobar Islanda, Port Blair – 74 102.

Chandigarh Administration
The President,
Chandigarh State Consumer Disputes Redressal Commission,
District Court Complex, New, IIIrd Floor,
Sector -17, Chandigarh-160 017.

Dadar & Nagar Haveli
The President,
Dadra & Nagar Haveli State Consumer Disputes Redressal Commission,
Nunicipal Council Hall Daman.

Daman and Diu
The President,
Daman &Diu State Consumer Disputes Redressal Commission,
Bunglows No.45/1, cibil Lines, Nagpur -440 001.

Delhi
The President ,
Delhi State Consumer Disputes Redressal Commission,
VikasBhawan, Near C.R. Building,
I.P. Estate, New Delhi – 110 002.

Lakshadweep
The President,
Lakshadweep State Consumer Disputes Redressal Commission,
U.T. of Lakshadweep, Kavaratti – 682 555

Pondicherry
The President, Pondicherry State Consumer Disputes Redressal Commission,
No.46, Gubert Avenue (Beach Road), Pondicherry – 605 001

ADDRESSES OF DISTRICT CONSUMER DISPUTES REDRESSAL FORUM IN INDIA

DELHI DISTRICT FORUM (North)
District Consumer Disputes Redressal Forum
Room No. 2 & 3
Old cibil Supplies Building
Tis Hazari
New Delhi.
Telephone No.: 23969372, 22924780

DELHI DISTRICT FORUM (South)
District Consumer Disputes Redressal Forum
C-22 & 23, Udyog Sadan
Institutional Area
Behind Qutab Hotel
Mehrauli
New Delhi.
Telephone No.: 26961433, 26565666

NOIDA District Consumer Disputes Redressal Forum
C-27, Sector-12
NOIDA
Uttar Pradesh – 201301
Tel :- 0120-2543232

MUMBAI SUBURBAN DISTRICT
Mumbai Suburban District Consumer Disputes Redressal Forum
New Administrative Building, 3rd floor
Near Chetna College, Opposite Dr. Ambedkar Garden
Government Colony
Bandra, Mumbai 400051

Telephone: 26551625

ADDITIONAL MUMBAI DISTRICT
Consumer Disputes Redressal Forum
Additional Mumbai District
Near Mahatma Gandhi Hospital
Parel
Mumbai 400034

THANE DISTRICT
District Consumer Disputes Redressal Forum
The Collectorate Office Building, 1st floor,
Thane (West)

Telephone No. 25344069

PUNE DISTRICT
District Consumer Disputes Redressal Forum
692, Pushpa Heights
Bibewadi
Pune 411037

Telephone No.: 4210364 (Registrar), 4217489 (Office)

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