How to File a Case in Consumer Court

Consumer courts were set up in India to promote and protect the rights of consumers who were cheated on the purchase of goods or services. If you were injured or lost money as the result of a defective product or service, or if a seller promised something they never delivered, you can file a complaint in consumer court and recover your losses. To successfully file a case in consumer court, you must be able to prove that the seller violated consumer protection laws and is responsible for your loss.^{[1]XResearch source}

Part 1

Part 1 of 3:

Gathering Information and Documentation

1
Collect receipts and other evidence of the transaction. When you file your complaint, you must include information about the date the transaction took place, the amount of money involved, and a description of the goods or services involved. You also must provide a complete legal name and address for the seller.^{[2]XResearch source}
- If the seller's name and address aren't available on your receipt, you may be able to find it online or in your bank records.
- The date of the transaction is the date on the receipt (if you have one), not the date the transaction cleared your bank account (which may be a few days later). If you don't have a receipt, you can still use the date the transaction cleared your bank account as the reference date. The seller may have additional records of the transaction.
Tip: Generally, your complaint must be filed within 2 years of the date of the transaction. However, you may be able to file a complaint about an older transaction if you can prove to the court that there was a good reason for your delay.
2
Gather additional documents to support your claim. In consumer court, the consumer is responsible for proving that they are entitled to the money they claim. The proof you provide depends on the type of damage you're alleging.^{[3]XResearch source}
- For example, if you're claiming you were injured by a defective product, medical records showing that you sought treatment for an injury caused by the product would provide evidence for your claim.
- Also include any communications between you and the seller following the transaction. If you talked to the seller over the phone, create a log of all the information you recorded or remember about those conversations, including the date and time they took place and the name of the person you spoke with.
Advertisement
3
Decide what type of relief you want from the consumer court. Depending on the nature of your complaint, the consumer court may be able to provide you with a refund of the price you paid for the goods or services, a replacement product, or repair of the defects to the product. If you suffered injuries, the court may also order the seller to compensate you for the expenses you incurred as a result of your injury.^{[4]XResearch source}
- You must be prepared to prove you are entitled to the relief you seek. For example, if you want the company to compensate you for expenses you incurred because you were injured by a defective product, you would need to bring documents showing medical expenses, loss of work, and other costs.
4
Discuss your complaint with a lawyer. While you don't need a lawyer to file a complaint in consumer court, their advice may help you. Look for a lawyer near you who is willing to provide a free initial consultation. They can help you decide what to do next.^{[5]XResearch source}
- Some lawyers will also help you fill out the initial paperwork without representing you in court. If you're confident with your own presentation skills, this can save you some money.
Tip: You can file a complaint in a consumer court without hiring a lawyer or going through a consumer organization.
5
Factor in fees and travel costs. Before you file your complaint with the consumer court, evaluate your budget and make sure you can afford to do so. If it would cost you more to pay court fees and travel to the court than you stand to win in court, the case may not be worth your effort. In addition to travel costs, you may also have to take time off work for hearings.^{[6]XResearch source}
- To determine your traveling costs, figure out the court where you need to file your complaint. District forums are located in every district and hear complaints of up to Rs. 20 lakh. State commissions hear complaints between Rs. 20 lakh and Rs. 1 crore. The National Consumer Disputes Redressal Commission (NCDRC) hears complaints that exceed Rs. 1 crore. To locate the court you need, go to https://consumerhelpline.gov.in/locate-consumer-court.php.
- There are no court fees for claims up to Rs. 1 lakh if you are below the poverty line and have an Antyodaya Anna Yojana card. Others pay Rs. 100 for claims up to Rs. 1 lakh. The fee is Rs. 200 for claims from Rs. 1 lakh to Rs. 5 lakh, Rs. 400 for claims from Rs. 5 lakh to Rs. 10 lakh, and Rs. 500 for claims from Rs. 10 lakh to Rs. 20 lakh. State Commission claims are from Rs. 2,000 to Rs. 4,000 depending on the amount of your claim. NCDRC claims are Rs. 5,000.
- Keep in mind that even if you hire a lawyer, you'll still have to put forth considerable time and effort on your case in addition to paying your lawyer's fee. Your lawyer won't be doing all the work for you and you may still have to attend court hearings.
Advertisement

Part 2

Part 2 of 3:

Filing Your Complaint

1
Send a legal notice to the registered office of the company. Although it isn't legally required, if you send a notice to the seller that you intend to file a complaint in consumer court, the seller may be willing to work with you to resolve your complaint without having to go to court. Include all factual information about your complaint and the specific amount of money you are requesting, along with a deadline for the company to respond.
- You can search online for forms you can use that include all the information you need to notify the company of your claim. Make sure you adapt any form you use to address your specific issue.
- Make copies of any receipts or other documents that support your claim to send along with your letter.
- Make a copy of your letter before you send it. Use registered mail so you know when the company received it. You can use this date to mark the date of your deadline on your calendar.
Tip: If the company refuses your letter or fails to respond within the time you provided, you can go ahead and file your complaint with the consumer court.
2
Draft your complaint. Write your complaint on plain paper. Include your name and address, as well as the complete legal name and address of the company you're complaining about. List the date of the purchase and amount of money involved, along with a description of the goods or services purchased. Then provide facts about your problems with the purchase and the relief you're seeking from the court.^{[7]XResearch source}
- Attach copies of documents that support all factual statements you make in your complaint, including receipts, bills, or transaction statements.
- You may be able to find forms or samples of complaints online that you can use as a guide to format your complaint. Samples may also be available at your district consumer forum, or in the office of a local consumer organization.
3
Prepare a demand draft for your court fees. Whether you mail your complaint to the court or take it to the clerk in person, your court fees must be paid through a demand draft at the time of filing. As of 2019, fees are:^{[8]XResearch source}
- Rs. 100 for complaints of up to Rs. 1 lakh (District Forum)
- Rs. 200 for complaints above Rs. 1 lakh and up to Rs. 5 lakh (District Forum)
- Rs. 400 for complaints above Rs. 5 lakh and up to Rs. 10 lakh (District Forum)
- Rs. 500 for complaints above Rs. 10 lakh and up to Rs. 20 lakh (District Forum)
- Rs. 2,000 for complaints above Rs. 20 lakh and up to Rs. 50 lakh (State Commission)
- Rs. 4,000 for complaints above Rs. 50 lakh and up to Rs. 1 crore (State Commission)
- Rs. 5,000 for complaints above Rs. 1 crore (National Commission)
4
Submit your complaint to the appropriate court. You can either take your complaint and supporting documents to the court in person or mail it using registered mail. You must include 4 copies of your complaint and all supporting documents, as well as additional copies for each company or individual listed in your complaint.^{[9]XResearch source}
- The receiving clerk will provide you with a reference number for your case, as well as the date when your first hearing will be held. If you mail your complaint, you'll receive this information in the mail.^{[10]XResearch source}
Tip: If you mail your complaint to the appropriate court, rather than taking it to the clerk in person, your signature must be notarized.
Advertisement

Part 3

Part 3 of 3:

Resolving Your Case

1
Attend your admissions hearing. The first hearing of your case is your admissions hearing. This will typically be set a few weeks after you file your complaint. In this hearing, you will find out from the consumer court judge whether your case will be heard by the court.^{[11]XResearch source}
- If your case is admitted, the judge will let you know when your next hearing is. The second hearing typically will be more than 30 days after your admissions hearing.
- If the court decides not to admit your case, the judge will give you information on how to appeal that decision.
2
Present your case at your second hearing. The court sends a copy of your complaint to the seller and gives them 30 days to respond. They are also asked to attend the second hearing. During this hearing, you will stand before the judge and tell them about your complaint and the relief you're seeking.^{[12]XResearch source}
- If the seller provides a written response to your complaint, read over it and come up with responses as necessary. You will be expected to refute their arguments in court.
- Bring copies and originals of all the supporting documents you also included with your complaint.
Tip: Even if the seller does not appear in court for the hearing, you still must prove that you're entitled to the relief you've asked for before the judge will rule in your favor.
3
Appear at any other hearings as required by the court. Depending on the complexity of your complaint, the judge may require additional hearings before the case is finally resolved. The judge will let you know if you need to come back for additional hearings.^{[13]XResearch source}
- For example, if you were injured because of a defected product, the judge may want to wait until your injuries are completely healed before ordering relief.
Tip: If you don't show up for hearings, your case will simply be decided on the merits, based on whatever written information and supporting documents have been filed.
4
Receive the court's written order by registered post. While the judge may let you know their decision at the end of the final hearing, the written order will be mailed to you. If the judge finds in your favor, the order will include instructions on how you can collect the relief you've been awarded.^{[14]XResearch source}
- It's a good idea to make several photocopies of the order for your personal records.
5
File an appeal within 30 days of receipt of an order. If the initial consumer court rules against you, you have 30 days to file an appeals petition. An order issued by a District Forum is appealed to the State Commission. An order issued by the State Commission is appealed to the National Commission. If you want to appeal an order issued by the National Commission, you can file a petition with the Supreme Court of India.^{[15]XResearch source}
- If the court doesn't decide in your favor, instructions for filing an appeal will be included along with your copy of the written order. It is recommended that you file your appeal as soon as possible, rather than waiting to the last minute.
- If you decide to appeal the consumer court's order, it's a good idea to talk to a consumer attorney near you. If the consumer court ruled against you because of an error you made in your complaint, you want to make sure you don't make the same mistake twice.
Advertisement