Consumer Rights & Filing a Case in Consumer Court – Complete Guide
1. Understanding Consumer Rights
Consumer rights safeguard individuals from unfair trade practices, defective products, and service deficiencies. The Consumer Protection Act, 2019, grants the following fundamental rights:
1.1 Six Fundamental Consumer Rights:
➡️Right to Safety: Protection from hazardous goods and services.
➡️Right to Information: Full disclosure of product/service details before purchase.
➡️Right to Choose: Freedom to select from a range of options at competitive prices.
➡️Right to Be Heard: The right to voice complaints and seek redressal.
➡️Right to Seek Redressal: Legal action against unfair trade practices.
➡️Right to Consumer Education: Awareness of rights and responsibilities.
2. Grounds to File a Case in Consumer Court
2.1 Common Consumer Disputes:
➡️Defective Products: Receiving damaged, substandard, or malfunctioning goods.
➡️Deficiency in Services: Poor after-sales service, delays, or non-performance of promised services.
➡️False Advertising: Misleading product claims or pricing tactics.
➡️Insurance Policy Fraud: Hidden clauses, unfair claim rejections.
➡️Banking & Loan Disputes: Unauthorized deductions, unfair loan terms, hidden charges.
➡️Vehicle-Related Issues: Defective vehicles, misleading mileage claims, unfair servicing.
➡️Real Estate Frauds: Delayed possession, hidden costs, misrepresentation.
➡️Medical Negligence: Overcharging, wrong treatments, sale of expired medicines.
➡️Online Shopping Scams: Fake products, non-delivery, unfair cancellation policies.
3. When to File a Consumer Complaint?
You should file a complaint if:
✔ The seller/service provider refuses to resolve the issue.
✔ The complaint is filed within two years of the dispute.
✔ You have valid proof such as bills, invoices, or written communications.
4. How to File a Case in Consumer Court?
4.1 Step-by-Step Process:
➡️ Send a Legal Notice: Inform the business about the dispute and request resolution within 30 days.
➡️ Draft a Complaint: Include details of the issue, proof, and relief sought.
➡️ Submit to the Appropriate Consumer Forum: Based on claim amount:
- District Commission: Claims up to ₹1 crore.
- State Commission: Claims between ₹1 crore and ₹10 crores.
- National Commission: Claims exceeding ₹10 crores.
5. Consumer Awareness Tips
5.1 ✅ Dos:
✔ Always ask for bills and receipts.
✔ Read terms and conditions before signing any agreement.
✔ Verify product certifications and warranties.
✔ Follow up in writing before approaching consumer court.
✔ Report misleading ads to the Advertising Standards Council of India (ASCI).
5.2 ❌ Don’ts:
🚫 Don't purchase from unverified online sellers.
🚫 Don't ignore hidden charges in contracts.
🚫 Don't rely on verbal commitments—always get written confirmation.
🚫 Don't delay filing a consumer complaint—act within two years.
🚫 Don't share bank OTPs or passwords to prevent fraud.
6. Conclusion
Consumer courts provide a strong legal framework to protect your rights. If you face unfair trade practices, defective products, or financial frauds, take immediate action. Awareness is key to ensuring fair treatment in the marketplace.
7. If you Need Legal Help? Contact Us
If you or someone you know is a victim do not hesitate to seek help. We at The Lawgicals offer free consultation and legal support for such sensitive issues.
Blog written by Adv. Ravi Shankar Dwivedi – Cyber & Criminal Law Expert
