Author: Adv. Naraayan R. is a lawyer from Trivandrum, having a practice of more than 20 years. He has a good experience in conducting cases at District, State and National Consumer Commissions. Moreover he have authored some books on law and also wrote the chapter on consumer laws in the recently published Niyama Vijnjanakosham by the State Encyclopedia Department, Government of Kerala.
INTRODUCTION
This is a short note to budding lawyers and law students on how to conduct a case before the Consumer Commissions- be it District, State or National Commission.
Though Consumer Protection Act, 2019 and various rules made under the same is the basic law to be followed- it is advisable that lawyers specializing in this realm also have a sound footing in civil law- in particular Civil Procedure Code and Law of Torts. Before specializing in this branch, let’s get the basics right and strong. It is also essential that you peruse through the provisions of the Consumer Protection Act and the Rules made thereunder.
CONSUMER
Any person who buys any goods or avails for consideration buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods/ services other than the person who buys/ avails the same but does not include a person who obtains such goods/ services for resale or for any commercial purpose.
So before filing a case- make sure that the person comes within the ambit of the term “Consumer”.
THREE TIER SYSTEM
As you would already know- there is a three tier system as far as Consumer Commissions are concerned.
District Consumer Disputes Redressal Commission (DCDRC)- having jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not exceed fifty lakh rupees.
State Consumer Disputes Redressal Commission (SCDRC)- having jurisdiction to entertain complaints where the value of the goods or services paid as consideration exceeds fifty lakh but does not exceed two crore rupees.
National Consumer Disputes Redressal Commission (NCDRC)– having jurisdiction to entertain complaints where the value of the goods or services paid as consideration exceeds two crore rupees.
Unlike in other courts, where relief claimed forms the basis of pecuniary jurisdiction; in Consumer Commission- it depends on the consideration paid for goods or services.
COMPLAINT
[Section 34 (DCDRC), Section 47 (SCDRC), Section 58 (NCDRC)]
Complaints relating to Deficiency of Service, Unfair Trade Practice or Negligence relating to Banking, insurance, builders and construction, public utility services like telephone, water and electricity, transportation, carriage, professional services like that of Doctors (Medical negligence), carriers, employees provident fund et al comes within the gamut of this Act.
A Complaint has to be filed in triplicate with all documents neatly arranged and numbered – as far as possible in a chronological manner-with docket – short synopsis and a chronological date of events. However, synopsis and chronological date of events is not mandatory (but would be helpful) in District and State Commissions- In National Consumer Commission, an additional (4th set of the Complaint) is also to be filed.
The Complaint (including documents) will have to be accompanied by as many copies as there are Opposite Parties.
Limitation for filing a complaint is 2 years from the last cause of action. If there is delay in filing Complaint- it has to be accompanied by a separate delay condonation petition mentioning in detail the grounds for the delay.
After filing a complaint- the Commission posts the same for admission. If the Commission admits the Complaint, notice is issued to the Opposite Party/ Parties. It is mandatory for the Opposite Parties to file their Written Version within 45 days of receipt of the notice.
After the Written Version is filed- the Commission posts the case for evidence. As far as possible evidence by way of affidavit of each side is encouraged- though in exceptional cases- cross examination is allowed. For cross- examination- a separate application is to be filed by the party who desires to do so. Depending on nature of case- expert commissioner/ laboratory testing may also be ordered by the Commission and such report be called for.
After evidence is over of both sides- Argument notes have to be filed and thereafter the case is posted for Orders by the Commission. All powers of a civil court can be exercised by the Commission in the conduct of the proceedings as under Civil Procedure Code.
Complaints have to be accompanied by a Petition fee”.
Cases where value of consideration is below Rs. 5 lakhs- there is no fee.
Cases where value of consideration is between Rs. 5 lakhs and Rs. 10 lakhs a fee of Rs. 200/- .
Cases where value of consideration is between Rs. 10 lakhs and Rs. 20 lakhs a fee of Rs. 400/- .
Cases where value of consideration is between Rs. 20 lakhs and Rs. 50 lakhs a fee of Rs. 1000/- .
Cases where value of consideration is between Rs. 50 lakhs and Rs. 1 Crore a fee of Rs. 2000/- .
Cases where value of consideration is between Rs. 1 Crore and Rs. 2 Crores a fee of Rs. 2500/- .
Cases where value of consideration is between Rs. 2 Crores and Rs. 4 Crores a fee of Rs. 3000/- .
Cases where value of consideration is between Rs. 4 Crores and Rs. 6 Crores a fee of Rs. 4000/- .
Cases where value of consideration is between Rs.6 Crores and Rs. 8 Crores a fee of Rs. 5000/- .
Cases where value of consideration is between Rs. 8 Crores and Rs. 10 Crores a fee of Rs. 6000/- .
Cases where value of consideration is above 10 crores a fee of Rs. 7500/- .
APPEAL
[Section 41 (SCDRC), Section 51 (NCDRC) Section 67 (Supreme Court)].
An Appeal can be filed by any person aggrieved by the Order in a Complaint. The Appellate body of the District Commission is the State Commission; the appellate body of the State Commission is the National Commission and that of the National Commission is the Supreme Court.
In the State Commission, an Appeal has to be accompanied by the original copy/ certified copy of the judgment of the District Commission and has to be filed in triplicate. It will also have to be accompanied by as many copies as there are Opposite Parties. On admission of the Appeal, the State Commission usually calls for records from the District Commission.
In the National Commission and Supreme Court- along with the certified copy of the Order of the Commission below- it has also to be accompanied by copies of Complaint, Written Version, affidavits, documents marked on either side, deposition of witnesses and has to be filed with 4 sets. Translation to English of those documents filed in vernacular also have to be produced.
Stay Petitions (if required) have to be filed separately.
Limitation for filing an appeal is 45 days from the date of receipt of the Order. If there is delay in filing Appeal- it has to be accompanied by a separate delay condonation petition mentioning in detail the grounds for the delay.
Along with the Appeal 50% of the amount as ordered by the Commission also has to be deposited in the name of the Registrar/ Secretary of the Commission/ Court. This is mandatory. However, for those Appeals arising from Complaints filed before 20/07/2020- (at time when the Consumer Protection Act, 1986 was in force), there is a limit on deposit. It shall either be 50% of the amount ordered by the Commission below subject to a maximum of Rs. 25,000 for appeals before State Commission; Rs. 35,000 in National Commission and Rs.50,000/-before Supreme Court.
REVISION
[Section 47 1(b) (SCDRC), Section 58 (1) (b) (NCDRC)].
The State Commission or National Commission – as the case may be- may call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by the Commission below- where it has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity. Such cases are referred to as Revision Petitions. The procedural formality as that of filing an appeal is applicable mutatis mutandis for filing revision petitions.
Stay Petitions (if required) have to be filed separately.
Limitation for filing a Revision is 90 days from the date of receipt of the Order. If there is delay in filing Revision- it has to be accompanied by a separate delay condonation petition mentioning in detail the grounds for the delay.
There is no need to make any monetary deposit for filing Revision Petition.
REVIEW
[Section 40 (DCDRC), Section 50 (SCDRC) Section 60 (NCDRC)].
The District Commission/ State Commission or National Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.
EXECUTION/ ENFORCEMENT OF ORDERS
[Section 71 and Section 72].
Every order made by a District Commission, State Commission or the National Commission shall be enforced by it in the same manner as if it were a decree made by a Court in a suit before it and the provisions of Order XXI of the First Schedule to the Code of Civil Procedure, is applicable as if the Order of the Commission is a decree of a court of law. The format for filing such execution petition is as that of regular execution petition filed in the civil court.
Further, whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both. For this purpose- the Commission shall have the power of a First Class Judicial Magistrate for the trial of offences and summary trial has to be followed for enforcement of the same.
SECTION 73 APPEAL
This Appeal is filed by person aggrieved by an Order passed under Section 72 ordering imprisonment, fine or both. The procedural formality as that of a regular appeal is applicable mutatis mutandis for filing Section 73 Appeals.
Stay Petitions (if required) have to be filed separately.
Limitation for filing Section 73 Appeal is 30 days from the date of receipt of the Order. If there is delay in filing such appeal- it has to be accompanied by a separate delay condonation petition mentioning in detail the grounds for the delay.
There is no need to make any monetary deposit for filing a Section 73 Appeal.
This is just the bare basics of conducting a case before the Consumer Commission. Your attitude and determination will go a long way in defining your success. Your total involvement in a case will give best results to your client- and as they say experience is the best teacher inside the courtroom.
JOURNALS TO REFER
Naraayan R. lawyer for Trivandrum- having a practice of more than 20 years. Has a good experience in conducting cases at District, State and National Consumer Commissions. Have authored some books on law and also wrote the chapter on consumer laws in the recently published Niyama Vijnjanakosham by the State Encyclopedia Department, Government of Kerala.
