Consumer Complaint

Should You Go To Consumer Court?

calendar11 Apr, 2023
timeReading Time: 5 Minutes
Should You Go To Consumer Court?

In today’s world, we rely heavily on products and services provided by various companies to fulfill our daily needs. However, sometimes we may not receive the quality of products or services that we expect, despite paying for them. In such cases, many people are unsure whether to take legal action or not. One option available to consumers is to approach the court. In this article, we will discuss whether going to the consumer court is a good option for consumers or not.

What is a Consumer Court?

Consumer Court, also known as Consumer Dispute Redressal Forum, is a special court established to protect the rights of consumers. These courts deal with disputes between consumers and businesses that sell goods and services. The Consumer Protection Act, 2019[1], governs the functioning of these courts.

A consumer court is a special court set up to protect the rights of consumers. It is also called a consumer dispute redressal forum. These courts deal with disputes between consumers and businesses that sell goods and services. The primary objective is to provide a speedy, inexpensive, and accessible means of resolving disputes between consumers and businesses.

These courts were established in India under the Consumer Protection Act, 1986, which was enacted to protect the rights of consumers and provide for the establishment of such courts at the district, state, and national levels. In 2019, the Consumer Protection Act was amended, and the Consumer Protection Act, 2019, was enacted, which further strengthened the rights of consumers and the functioning of courts.

The jurisdiction of such a court is limited to disputes where the value of the goods or services involved does not exceed a certain limit. It has the power to hear complaints regarding defective products, unfair trade practises, deficiencies in services, and unauthorized charges, among others. The court can order compensation to the consumer for the loss or damage suffered, which can include not only the cost of the product or service but also any additional expenses incurred due to the deficiency in the product or service.

This is a specialized court that is designed to be consumer-friendly, with the aim of providing speedy and effective redressal of grievances. The process is simple and easy to understand, and the court is mandated to act in the best interest of the consumer. Court cases don’t cost much to start, and people don’t need a lawyer to represent them. The consumer court is a valuable resource for consumers to seek redressal for their grievances and protect their rights.

Consumer Protection Act, 2019

The Consumer Protection Act, 2019 is an Indian legislation that replaced the earlier Consumer Protection Act, 1986. The Act received the President’s assent on 9th August 2019 and came into effect from 20th July 2020.

The new Act aims to protect the interests of consumers by establishing authorities and mechanisms for the timely and effective administration and settlement of consumer disputes. It covers various aspects of consumer protection, such as consumer rights, product liability, e-commerce transactions, and penalties for misleading advertisements.

Some Of The Key Features Of The Consumer Protection Act, 2019 Include:

  1. Establishment of the Central Consumer Protection Authority (CCPA) to promote, protect and enforce consumer rights.
  2. Provision for filing complaints electronically and from anywhere in the country.
  3. Introduction of the concept of product liability, which makes manufacturers, service providers, and sellers responsible for any harm caused by their products or services.
  4. Prohibition of unfair trade practices, including misleading advertisements.
  5. Imposition of penalties on manufacturers, endorsers, and publishers of misleading advertisements.
  6. Simplified dispute resolution process and provision for mediation. 
  7. Introduction of the concept of class action suits, which allows consumers to file complaints as a group.

Overall, the Consumer Protection Act, 2019 aims to provide a comprehensive framework for consumer protection in India and promote consumer welfare.

Do You Need To Visit The Consumer Court?

Whether or not to go to the consumer court depends on the situation and the severity of the issue. If you have a complaint against a product or service provider and have not received a satisfactory solution from the company, then approaching the court can be a good option.

The advantages of approaching the court include a time-saving process, low cost, a consumer-friendly approach, and the possibility of receiving compensation for the loss or damage suffered. However, it has limited jurisdiction and can only provide limited relief. Additionally, the appeals process can be lengthy.

It is important to note that before approaching the court, consumers should attempt to resolve the issue with the company amicably. In many cases, a resolution can be reached through dialogue and negotiation, which can save time and money for both parties.

When Should You Approach The Consumer Court?

If you have a complaint against a product or service provider, you should approach the company first and try to resolve the issue amicably. If the company does not respond or does not provide a satisfactory solution, then you can approach the court.

The Following Are Some Situations Where You Can Approach The Court:

  • Defective Products: If you have purchased a product that is defective, damaged, or does not work correctly, you can file a complaint with this court. 
  • Unfair Trade Practices: If a company has engaged in unfair trade practices such as misleading advertisements, false promises, or overcharging, you can approach this court. 
  • Deficiency in Service: If you have availed of a service, such as a hotel stay, and the service provided was deficient, you can file a complaint with this court. 
  • Unauthorized Charges: If a company has charged you for a product or service that you did not purchase or did not authorize, you can file a complaint with this court. 

Advantages of Approaching the Consumer Court

  • Time-Saving: These courts are specialized courts that deal with consumer disputes. The process is quicker than filing a case in regular courts, and the court is mandated to dispose of cases within a specified time. 
  • Low Cost: The filing fees for consumer cases are nominal, and you do not need a lawyer to represent you. 
  • Consumer-Friendly: It is designed to protect the rights of consumers. The process is simple and easy to understand, and the court is required to act in the best interest of the consumer. 
  • Compensation: It has the power to order compensation to the consumer for the loss or damage suffered. This compensation can include not only the cost of the product or service but also any additional expenses. 

Disadvantages of Approaching the Consumer Court

  • Limited Jurisdiction: It can only hear cases where the value of the product or service is up to a certain limit. If the value exceeds this limit, you will have to approach a regular court. 
  • Limited Relief: It can only order compensation up to a certain amount. If the loss or damage suffered by the consumer is more than this amount, then the consumer will have to approach a regular court for relief. 
  • Lack of Expertise: It may not have the necessary expertise to deal with complex cases, such as those involving medical malpractice or patent disputes. 
  • Lengthy Appeals Process: If either party is dissatisfied with the decision of the court, they can appeal to the higher courts. This can lead to a lengthy and time-consuming process. 

Conclusion

In conclusion, going to consumer court can be a good idea for people who want to get their problems fixed. The court is designed to protect the rights of consumers, and the process is simple and low-cost. The decision to go to the consumer court should be made after careful consideration of the situation and the available options. If the issue cannot be resolved through dialogue and negotiation, then approaching the court can be a good option to seek redress for your grievances.

Also Read:
How To File A Consumer Complaint Against The Builder In India?

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