Planning to file a consumer case? Here are 5 things you should know
Do you feel cheated by a product or service? Here are five things you should keep in mind for filing a case with the consumer court.
1. Make sure that you fall in definition of consumer. Any product or service used for business purpose is excluded from definition of consumer but if you are a small proprietor doing business for your own self like tax owners, then you can file consumer complaint.
2. The jurisdiction for your case can be different depending on the value of your product or service:
• Up to Rs. 20 lakh: District court
• Rs. 20 lakh to Rs. 1 crore: State commission
• Above Rs. 1 crore: National commission.
• You can join hands with other complainants and file the joint complaint. In such a case, your collective value would be considered for the correct jurisdiction.
3. If you are a flat owner owning or having invested in more than one flat, you do not fall in the definition of consumer.
4. Make sure there are no technicalities involved in the matter. If there are, you should file a civil suit rather than a consumer complaint.
5. Difference between reasonable and deficient. A minor irritant in the product or service will come under the category of reasonable service and you are advised not to file any case for the same. However, if the service is terrible and you’ve undergone great mental stress or financial loss, then that can be held as deficiency in service.
Disclaimer : This is an effort by Lexcomply.com to contribute towards improving compliance management regime. User is advised not to construe this service as legal opinion and is advisable to take a view of subject experts.
An LL. M From Kuruksherta University, Kunal Madan has served over 9 years in this profession. He heads a law firm in Delhi with over eight associates working under him. Besides advocacy he loves good food and plays cricket and chess.