Explainer: How to file a complaint in the consumer court?
consumer case and what some of the challenges a complainant can face in the process.
Q. What is a consumer dispute?
A. A consumer dispute is an allegation made in writing by any consumer to seek relief against any unfair trade practice, defective goods, or deficiencies in services denied or disputed by the accused party.
Q. When can a consumer file a case?
A. An aggrieved consumer must file the case within two years of the purchase date, or the date of the service availed, after which they cannot approach the consumer court. This is the Law of Limitation.
Q. What are the challenges faced in filing a consumer case in reality?
A. The challenges faced in filing a consumer case in reality:
- · A consumer case is supposed to be decided within three months (five months, if analysis and testing are required). The law says that it should be “disposed of as expeditiously as possible.” However, it may take even two years or more.
- Anybody without a law degree can also plead their consumer case in court. A lawyer is not always necessary. For cases of smaller value also, a lawyer’s fee could be daunting to pay. However, for individuals without a law background who choose to plead their cases, the interpretation and understanding of the law and the evidentiary value could be technically intimidating.
- For cases of lesser value, clerks and registrars may or may not try to talk complainants out of filing the case.
Q. What qualifies as evidence in the consumer court?
A. “Oral evidence is also evidence. The thing is that you
