Consumer Protection – Frequently Asked Questions Answered

Where do I file my complaint and How many Consumer Courts are there in India? Pecuniary Jurisdiction

* In cases where the value of goods and services involved is less than Rs. 20 Lakhs in value, you will have to file the complaint in the District Forum constituted in the specified districts of a State.
* In cases where the value of goods and services involved is more than Rs. 20 Lakhs in value but does not exceed Rs 1 crore you will have to file the complaint with the State Commission constituted in the capital cities of the different states
* In cases where the value of goods and services involved is more than 1 crore in value then you can file a complaint with the National Commission which has been constituted only in New Delhi.

Territorial Jurisdiction.

The jurisdiction of the complaint is determined by the facts of the case and where the cause of action arises. Further, when you file a complaint, the area in which the opposite party resides or carries on his work or business will also have to be taken into consideration by you. This means that if you are filing a complaint against a service provider for a sum below 20 lakhs you would have to approach the District Forum in the jurisdiction where the cause of action arose. If the matter is above 20 lakhs but below 1 crore then it would be filed in the State Commission within which State the trader/ service provider/ manufacturer is located in the state in which the trader resides or works in. These two factors will have to be kept in mind while filing your complaint.

Consumer Courts Consumer Forums

There are consumer forums at the District, State and National level. At present, there are 569 District Consumer Forums, 33 State Commissions & the highest body which is the National Consumer Disputes Redressal Commission (NCDRC) having its office at Janpath Bhawan, A Wing, 5th Floor, Janpath , New Delhi.

The District Forum consist of one president and two other members (one of whom is to be a woman).The president of the Forum is a person who is, or has been qualified to be a District Judge, and other members are persons of ability, integrity and standing, and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration. They can hear the case involving amount of Rs. Twenty Lacs. It is situated in the District head quarters.

State Commissions A State Commission has jurisdiction in whole of the State for which it is constituted. It can hear the cases involving the amount more than rupees twenty lacs and up to rupees one crore. It has also jurisdiction to hear appeal against the orders of District Forum of that particular State. It is situated in the capital of the State.

State Commission consists of a president and two members one of whom is to be a woman.President is a person who is or has been a Judge of a High Court, and the members, are persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.

The National Commission consists of a president, and four other members (one of whom is to be a woman).The president should be the one who is or has been a Judge of the Supreme Court, and the members should be the persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration.

Do other Courts (District Courts/High Courts) accept consumer disputes?

The jurisdiction of other courts to hear consumer disputes is not excluded. This is because the Parliament of India felt it was necessary to have an efficient & convenient mechanism to address and resolve the various consumer complaints across the country. As a result it created a three-tier remedial machinery for the inexpensive and quick disposal of consumer complaints. As these forums only deal with consumer complaints/issues and nothing else, all their time can be devoted to addressing consumers complaints.