How to conduct a case before

the consumer commissions

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.