PROCESS OF LITIGATION IN CONSUMER FORUMS
PROCESS OF LITIGATION IN CONSUMER FORUMS
This blog shall explain you the end to end process of litigation in a Consumer Forum.
In my recent blog, I shall deal with one of the every growing litigation industry, i.e. Consumer Cases. The Consumer Protection Act, 1986 has given a big relief to the Consumers as it has protected the rights and interests of the Consumers in the best possible manner till date. The Consumer Protection Act, 2019 (though yet to be enforced in a lot of parts in India) has been passed as an Act and has literally taken consumer protection to the next possible of protection.
In this particular blog, I shall deal with the process of filing a Consumer Case and the steps involved till the disposal. This is for bare understanding purposes of both the Consumer and the Advocate who are looking forward to enter this kind of Litigation. To start with let me just say that unlike other areas of practice, Consumer Cases are fairly simple and headache less. But that is only if you have the technical nitty gritty.
My blog shall cover the following topics in chronological fashion as enumerated below: -
1. Hierarchy of Consumer Courts
2. Steps to file a Consumer Complaint
3. Steps in involved in Consumer Litigation Hierarchy of Consumer Courts
The Hierarchy of the Consumer Courts are as follows: -
1. The District Consumer Disputes Redressal Forum (DCDRF) Under the Consumer Protection Act, every district of each state shall have its own (DCDRF) established which shall deal with matters of that particular district.
The pecuniary jurisdiction of DCDRF at present is up to Rs. 20 lacs. However, it is subject to change after the implementation of the Consumer Protection Act, 2019.
2. The State Consumer Disputes Redressal Commission (SCDRC) Under the said Act, every state needs to have its (SCDRC) established. This (SCDRC) has two jurisdiction that of an appellate authority. Cases over and above the pecuniary jurisdiction of the (DCDRF) can be filed in the (SCDRC). Moreover, cases for appeals, revision, review, Misc Applications, Interlocutory Applications etc are also filed in this particular Commission. This is state level authority as unlike in each district this is established in a State. Every state of India has one (SCDRC).
The pecuniary jurisdiction of SCDRC at present is up to Rs. 1cr. However, it is subject to change after the implementation of the Consumer Protection Act, 2019.
3. The National Consumer Disputes Redressal Commission (NCDRC) Situated in the Capital of India, (NCDRC) is the highest appellate authority with respect to Consumer Protection Act. It is the second appellate authority after the (SCDRC) and cases can be directly filed to (NCDRC) if the value of the same is over and above the pecuniary jurisdiction of (SCDRC).
The pecuniary jurisdiction of NCDRC at present is up to Rs. 1cr plus. However, it is subject to change after the implementation of the Consumer Protection Act, 2019.
If any case does not come to a conclusion or is still disputed after the adjudication of the NCDRC, then the aggrieved party still has the provision to knock the doors of the Apex Court in search of justice by way of an appeal.
After we know where to file a Consumer Case with the pecuniary jurisdiction of the same and are clear on the Hierarchy of Consumer Courts let us now understand what are the steps to file a Consumer Case which is one of the most important knowledge a Consumer or Advocate must have. If the case is not filed, there is no litigation and filing at times can be a tiring process if you do not know the proper technicalities. I hope this blog helps you save the headache while filing your very first Consumer Case.
1.You need to draft your own petition or you can take help of an advocate for the same. Once the petition is finalized it should be served to the filing section in the following manner
a) (1 + 2 Set) for the bench and one set for every Opposite Party. So say for example there are 4 Opposite Parties, you need to serve (1+2 Set) for the bench and thereafter 4 copies for the four Opposite Parties which are made a party to your case. The following must have’s should not be neglected while filing your petition, else the same shall be subject to rejection.
i. Proper description in the Cause Title.
ii. Indexation
iii. Mention of Sum Total of Suit Value inclusive of damages, interest etc
iv. A separate point for the ‘Cause of Action’
v. Affidavit and Verification along with proper details
vi. The petition along with ‘Annexures’ should be notarized
vii. Signature of the complainant on all pages of the petition
viii. Signature of the Advocate on all pages of the petition including ‘Annexures’ or else they can also use their stamps (if any)
b) Along with the Petition and relevant sets of copies, you also need to submit a requisite fee as per the Consumer Protection Act and submit it while filing your case. This fee needs to be deposited by way of a Demand Draft or by way of an IPO.
It is however advised to submit the requisite fee by way of a Demand Draft as it is the universally accepted mode of payment and a lot of forums/commissions insist on the same.
c) Once the filing person checks all the above mentioned pointers your petition shall be filed and you will be allotted your case number and next date.
Make sure that the complaint is being filed within the period of limitation as stipulated in the Act. Limitation and Cause of Action is very important in deciding a Consumer Case and as such should not be neglected during filing of the case.
Steps in involved in Consumer Litigation
Now that we have filed the case, it is time to fight the case and win it. Once the case has been filed you are now all set to enter the Hearing Hall and the very first thing you do is admit your case. Once this is done, the wheel of litigation is set to motion. I shall discuss the chronological steps below. However, before that, unlike other courts; Consumer Forums follow the practice of writing down everything into paper and all pleadings shall be done by paper work.
There are very few spaces where you need to speak/plead. So, whatever is written in your petitions/submitted papers are the basic crux in deciding your case. Let us now understand the steps in Consumer Litigation in a Chronological Order
1. Filing of the Consumer Complaint
2. Admission Hearing – Once your case has been filed and the next date has been given, you need to appear either in person (if you are contesting your case yourself) or by way of a pleaser/advocate (who shall contest your case on your behalf). Admission Hearing is one big part. In this stage of the case you need to make the Presiding Members understand your case and put forward your grievance. You need to lay down the facts of the case in gist and answer all desired questions so that the members are satisfied that you case falls fit to litigate and adjudicate and that you have a genuine suffering. If the members are not convinced, your case shall not be admitted and pursued further.
3. SR/AD – After your case is admitted, the presiding members shall order you to serve copies to the Opposite Parties by way of hand delivery/speed post or both mediums. In general the Consumer Forums ask you to serve the petition copy along with Annexure by way of speed post and submit the track report along with actual delivery status report to be filed on the next fixed date to show valid service. However, the State Commissions ask you to file – an ‘Affidavit of Service’ unlike the (DCDRF). The practice remains the same, the paperwork changes. At many times, the filing section itself serves the petition to the Opposite Parties (this differs from city to city).
4. Appearance – Once you have been ordered to serve the copy the next date shall be fixed for the appearance of Opposite Parties and for service of track reports. If the track shows valid service, the Members shall look forward to the appearance of the Opposite Parties. However, if the track fails to show valid service, you shall be directed to serve the petition again and the cycle of point 3 and 4 shall continue. If however, service is good and the Opposite Party does not appear, the presiding members shall take proper legal steps against such non – appearance. If the Opposite Party appears, the next date shall be fixed for filing of written statement.
5. Filing of Written Statement – Once the Opposite Parties have appeared they need to contest the matter y filing their written statement which is more of a counter reply to the allegations against them in your complaint petition. A copy shall be served to you while filing the same to the bench. The next date shall be fixed for filing ‘Affidavit in chief’ by the Complainant.
6. Filing of Affidavit in chief – An affidavit in chief is nothing by the facts stated by you on oath being submitted to the Ld. Forum. It is a miniature version of your complaint which has the gist of the case, facts and allegations. Once this has been filed, the next date shall be fixed for filing ‘Questionnaire’ by the Opposite Parties.
7. Filing of Questionnaire – After the filing of Affidavit in chief, the next stage is filing of Questionnaire by the Opposite Parties whereby they shall ask you questions which need to be answered by you. This is more like examination and as such is done through paper work. It is rarely that some person is called to the forum and has to stand and be examined. Once this process is complete, the next day shall be fixed for filing of ‘Reply’ by the Complainant.
8. Filing of Reply – On the next date fixed, you should answer all the questions and submit your reply. Once this process is complete, the next date shall be fixed for filing ‘Evidence’ by Opposite Parties.
9. Filing of Evidence – The next stage of the case shall be fixed for filing of evidence by the Opposite Parties. Once this is done, the next date shall be fixed for filing ‘Questionnaire’ by the Complainant.
10. Filing of Questionnaire – After the filing of Evidence by Opposite Parties, the next stage is filing of Questionnaire by the Complainant whereby you shall ask your questions which needs to be answered by the Opposite Parties. This is more like examination and as such is done through paper work. It is rarely that some person is called to the forum and has to stand and be examined. Once this process is complete, the next day shall be fixed for filing of ‘Affidavit in Reply’ by the Opposite Parties.
11. Filing of Affidavit in Reply – On the next date fixed the Opposite Parties should answer all the questions and submit their reply. Once this process is complete, the next date shall be fixed for ‘Argument’ whereby the parties shall be asked to served their ‘Brief Notes of Arguments’ (BNA) in written format.
12. Argument – Once the ‘Reply’ is served the next date if fixed for argument wherein both sides need to put forward their arguments and contest the case. The BNA must be filed with the arguments in written format along with case reference and other valid pointers that shall help adjudication to be made in your favour. The Members shall hear arguments from all sides and thereafter adjudicate the matter. The order can either be delivered on the day itself or it can be kept as ‘RFO’ (Reserved for Order) and be delivered on the next date fixed.
13. Order/Judgement – This is the last stage and once the order has been delivered there is a ‘Decree Holder’ (in favor of whom the order has been passed) and a ‘Judgement Debtor’ (the person/parties against whom such order has been passed).
*All petitions except ‘BNA’ need to be notarized.
** Every petition submitted to bench must also be served as a copy to the number of Opposite Parties in the case. In case they are absent, a copy must be served with bench copy to the case record mentioning their absence.
The aggrieved party from such Order/Judgement or any Order in the meantime is at liberty to appeal to the superior forum seeking justice.
In case of non – compliance of Order/Judgement, the ‘Decree Holder’ is at liberty to file an ‘Execution Case’ against the ‘Judgement Debtor’ after the expiry of thirty days from the date of such Order/Judgement.
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