Consumer disputes forum, is a quasi-judicial machinery. again CPA is a procedural law.The right should be looked in to contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. Form or any Substantial statute.
If a case has been settled by ADR process then Court shall return the Court Fees.
Introduction to consumer protection in India
Commentary on Consumer Protection Act-1986
The statutes
The Consumer Protection Act, 1986
Consumer Protection Rules, 1987.
Amendment of Consumer Protection Rules, 1987 as on 26.08.2009
Amendment of Consumer Protection Rules, 1987 as on 20.06.2013
Consumer Protection Regulations, 2005
| Case Type  | |
| Filing Consumer Cases | Amendment of PleadingAmendment of pleading An amendment that would enable the real issues between the parties to be tried should be allowed subject to penalties on costs and adjournment, if necessary unless the amendment would cause injustice or injury to the opposing party which could not be compensated for by costs or otherwise. The court should be extremely hesitant to punish litigants for mistakes they make in the conduct of their cases, by deciding otherwise than by their rights. The court has to determine the stage of the proceedings in which the amendment to the pleadings is being sought, which can affect how the principles relating to amendments are being applied. Generally, in case of late application, the stronger the grounds required to justify the amendment sought, but this is all a matter of the court’s discretion. |
| Admission of the complaint or  appeal | |
| Revision Petition under Article 226/227 of Indian Constitution | |
| First Appeal to State Consumer Commission within 30 days from Order
Second appeal to National consumer Commission |
|
| Revision Petition | |
| Execution Application u/s 25 or 27 CP Act | |
| Caveat Case | |
| Interlocutory Application | |
| Transfer Application | |
| Review Application | |
| Miscellaneous Application |
Original JurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction:Â Jurisdiction of the first court to hear a case.Â
DF: Up to 20 lakhs the complaint shall be filed before a District consumer Forum
SC: In the case where the value of the goods or services and the compensation, if any, claimed exceeds Rs.20 lakhs but does not exceed Rs. 1 crore, in that event such a complaint can be filed before the State Commission having jurisdiction
NC:Â Section 21 of Consumer Protection Act, 1986 posits that the National Consumer shall have jurisdiction:- to entertain a complaint valued more than one crore.
Condonation of Delay: Limitation Act is applicable Click for Law of Limitation 
PROCEDURE FOR FILING COMPLAINT: Â Â Â 
A complaint can be filed by a complainant against the seller, manufacturer, or dealer of goods which are defective or against the provider of services, if they are deficient in any manner whatsoever. An unfair trade practice or restrictive trade practice can also invite complaint.
A complainant can be a:-Â
- Consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
- A firm registered or unregistered
- An individual
- HinduHindu A geographical name given by non-Hindus, who came to visit Bharatvarsha (Hindusthan). Sanatan Dharma is the actual Dharmic tradition of the Hindus. People who live in Hindusthan are Hindu, whether they Follow Islam, Chris, Buddha, Mahavira, or Nanaka. In this way, Tribals are also Hindu. Undivided Family.
- A cooperative society or any other association of persons
- The Central or the State Government; and
- in case of death of a consumer his legal heirs or representatives
Along with the complaint, the complainant is required to file copies of supporting documents, i.e., cash memo, receipts, agreements, etc. The complainant is required to file 3 copies of the complaint, together with enclosures, for official purpose plus copies for the number of Opposite Parties.
The complaint should be filed along with fee in the form of Postal Order/ Demand Draft according to the amount of compensation claimed.
FEES PRESCRIBED [Please check it with the concerned state ]
- Upto Rs.1,00,000/- – Rs.100/- by way of Postal Order or Demand Draft in favour of President, District Forum.
- Above Rs.1,00,000/- to Rs.5,00,000/- – Rs.200/- by way of Postal Order or Demand Draft in favour of President, District Forum.
-  Above Rs.5,00,000/- to Rs.10,00,000/- – Rs.400/- by way of Postal Order or Demand Draft in favour of President, District Forum.
4.Above Rs.10,00,000/- to Rs.20,00,000/- :- Rs.500/- by way of Postal Order or Demand Draft in favour of President, District Forum.
5. Above Rs.20,00,000/- to Rs.50,00,000/- : Rs.2,000/- by way of Demand Draft in favour of Registrar, State Commission.
- Above Rs.50,00,000/- to Rs. 1 crore : – Rs.4,000/- by way of Demand Draft in favour of Registrar, State Commission.
-
 National commission above One crore rupees:- 5000/-
    The complaint can be filed through anAuthorisedRepresentative /Advocate or in person.  Â
PROCEDURE FOR FILING APPEALS:
In terms of the provisions contained in Section 15 of the Consumer Protection Act, 1986, it has been provided that any person aggrieved by an order passed by the District Forum may prefer an appeal against such order to the State Commission within 30 days from the date of the order.
Consumer Protection Rules, Â deal with the procedure of filing appeals.
(1)  Memorandum shall be presented by the appellant or his authorised agentAgent An agent is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal. Indian Contract Act to the State Commission in person or sent by registered post addressed to the Commission.
(2) Every memorandum of appeal filed  shall be in legible handwriting (preferably typed) and shall set forth concisely under distinct heads, the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.
(3)Each memorandum of appeal shall be accompanied by the certified copy of the order of the District Forum appealed against and such of the documents, as many be required to support the grounds mentioned in the memorandum of appeal.
(4)  When the appeal is presented, after the expiry of period of limitation as specified in the Act, memorandum shall be accompanied by an application supported by an affidavitAffidavit An ex parte statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge. setting forth the reasons on which the appellant relies to satisfy the Commission that he has sufficient cause for not preferring the appeal within the period of limitation.
(5)The appellant shall submit three copies of the memorandum to the State Commission for official purposes along copies for service to the respondent/OP.
Any person desirous of filing an appeal can file such appeal at the Filing Counter of the State Commission on all the working days from 10.30 a.m. To 1.30 p.m.
 In the case of appeals also, it is necessary for the person filing the appeal to get an acknowledgement indicating the date of filing the appeal, so as to show the Commission that the appeal has been filed within the period of limitation in terms of the provisions contained in the Act.
In case of appeals, the statutory deposit i.e. fifty percent of the awarded amount or Rs.25,000/-, whichever is less, should be deposited in the shape of Fixed Deposit Receipt, from any nationalized bank for a period of one year, in favour of “Registrar, State Commission.
Right of a consumer in connection with a Product and service
Right to Safety @ while using the product or service
Right to be Informed@ about the Product and service
Right to Choose
Right to be Heard
Right to Seek Redressal
Right to Consumer Education @ product information and manual
A frivolous complaint can be dismissed with cost or with exemplary cost.
- Refusal of copy under right to information act is not the consumer disputes
- Medical Treatment by Govt.Hospital free of charges is not covered under CP Act.
- The person getting sterilization operation in Government Sponsored Scheme is not a consumer
- Booking of a flat of Specific number will amount the allotment of the flat.
- Medical expert report is needed before admitting the complaint for medical negligence
- Doctor Conducting operation if not qualified for the medical field of the operation, Â is held committing medical negligence
- Use of any one or two Adopted Method of Treatment is not Medical Negligence unless proved by any expert evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023
- Death after successful operation, sudden massive heart attack can not be ruled out
- No interest on deposit, if possession of property is sought, there being escalation of cost of property
- Acceptance of additional premium for Spontaneous Combustion is sufficient to cover the risk of Spontaneous Combustion
- Insurance policy purchased by commercial Units does not amount the case of commercial purpose.
Connected Statutes :
The Competition Act, 2002
The Essential Commodities Act, 1955
Jammu & Kashmir Consumer Protection Act 1987
The Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980.
  State watch:    West Bengal
Some important Judgments
- Condonation of delay: Rita Chatterjee and Anr. -VS- Bengal Ambuja Housing Development Ltd. and Ors.[FA/1042/2015 National Commission] relied on Reliance General Insurance Co. Ltd. and Anr. V. M/s Mampee Timbers and Hardwares Pvt. Ltd. and Anr[10.02.2017 ]