Which Consumer Commission Hears Your Case
Jurisdiction depends on the value of the goods or services paid for:
- District Commission: Where the consideration paid does not exceed ₹50 lakh.
- State Commission: Where it exceeds ₹50 lakh but does not exceed ₹2 crore.
- National Commission: Where it exceeds ₹2 crore.
A complaint may be filed where the opposite party carries on business, or where the complainant resides or personally works for gain. Complaints can also be filed online through the e-Daakhil portal.
Common Consumer Disputes
- Delay in possession of flats and deficiencies in construction
- Rejection or short settlement of insurance claims
- Banking and credit card disputes
- Defective goods and refusal of refunds or replacements
- Medical negligence and hospital services
- Airline, travel and e-commerce complaints
Disputes with builders may also be brought before MahaRERA. The appropriate forum depends on the facts and the relief sought.
How a Consumer Complaint Proceeds
- Legal notice: A notice to the opposite party often leads to a resolution without a complaint.
- Filing the complaint: With documents, the relief claimed and the fee based on the value of the claim.
- Admission and notice: The Commission admits the complaint and issues notice to the opposite party.
- Reply and evidence: The parties file their written version, affidavits of evidence and documents.
- Arguments and order: The Commission hears the parties and passes its order, which may include a refund, compensation and costs.
A complaint must ordinarily be filed within two years of the cause of action. Delay can be condoned only for sufficient cause.
Appeals and Enforcement
An appeal against an order of the District Commission lies to the State Commission within 45 days, with a deposit of 50 percent of the amount ordered. Further appeals lie to the National Commission and the Supreme Court in the circumstances provided by the Act. Orders that are not complied with can be enforced through execution proceedings.
Documents to Keep Ready
- Invoices, receipts and proof of payment
- Agreements, policies or booking documents
- Correspondence and complaints made to the company
- Photographs or expert reports showing the defect or deficiency
- Any reply or rejection letter received