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In the bustling Indian markets, protection of the consumer has become the cornerstone of fair trade and ethical business practices. 

If you are someone dissatisfied with a product or service, you can exercise your right to file a complaint in the competent consumer court regarding the same. We understand your struggle in finding the right legal procedure and navigating through the process. But don’t worry, you are at the right page. This is the reason we prepared a comprehensive guide for our readers to help them understand the grounds and process of filing a consumer case in Bangalore. 

Grounds for Filing a Complaint

• The adoption of unjust trade practices or restrictive practice by the services provider,
• Defective goods,
• Deficiency in services,
• Overcharging of goods or services,
• Selling hazardous goods or services.

Steps To File A Consumer Case

Step 1: Collecting Necessary Documents and Evidence

A successful claim depends on the evidence you present to prove your claim. This is an important step so you must ensure to gather all the relevant documents pertaining to the items or services you purchased. This may include Bills and Receipts, Warranty or Guarantee Cards, Photographs or Videos and more.

Step 2: Intimation via Notice

You must send a notice to the organization that provided the goods and services in dispute. This notice outlines the intent of the complainant and informs about the problems with the product or services, along with any unfair practices. Through this notice the complainant makes an attempt to resolve the dispute without going to the consumer forum.

Step 3: File a Complaint

If step 2 didn’t give any positive outcomes, then you need to prepare a complaint that outlines all the facts and sign the complaint. The complaint should include names, descriptions and contact information of the person filing the complaint, along with the details of the opposite party. The complaint must also include the supporting documents, compensation demands and signature of the  complaint. You can take help from the top lawyers in Bangalore, Delhi and Kolkata if you find this step challenging to handle alone.

Step 4: Identifying the Jurisdiction of the Forum

The person filing a complaint must determine the jurisdiction for the forum where the complaint is filed. The consumer must consider the territorial and pecuniary jurisdiction of consumer forums we discussed below:

Territorial Jurisdiction

• Consumers can file complaints by going to the Consumer Court at the district, national or state level with the required documents.

Pecuniary Jurisdiction

• District Consumer Disputes Redressal Commission: where you can file for claims till Rs 50 lakh.
• State Consumer Disputes Redressal Commission: where you can file for claims above Rs 50 lakh till Rs 2 crore.
• National Consumer Dispute Redressal Commission: where you can file for claims exceeding Rs 2 crore.

Step 5: Pay Requisite Court Fees

This step involves paying the fee prescribed by the law along with the complaint filed, depending on the court’s jurisdiction. The court fee also depends on the value of the items or services in dispute and the compensation demands.

Step 6: Submit an Affidavit

Anyone who is filing the complaint in the Consumer Court must sign an affidavit before the court. This includes an affirmation that the facts stated and the statements made by the complainant are correct to their knowledge.

Step 7: Submission of the Complaint

This step requires you to submit the complaint with all the necessary documents and copies, along with any supporting documents. Make sure to keep one copy for your reference. Once the complaint is filed, the court will look over the complaint and decide the admissibility of the complaint.

Step 8: Judicial Process

After submitting a complaint to the consumer court, the judicial process begins. Based on the facts, evidence and arguments, the court will issue its decision. The court can grant relief by way of a refund or compensation, replacement or or rectification of the deficiency in service or unfair trade practice.

Wrap Up

We tried our best to cover every relatable aspect about the process for filing a consumer case in Bangalore. The process requires you to understand the jurisdiction of the forum to file your consumer case and knowledge about the things you need to do for your claim. If you wish to file such a case and find it difficult to navigate the process, you can seek assistance from some of the top lawyers in Bangalore, Delhi and Kolkata to guide you with the best.