Consumer court is a special purpose court in India. It primarily deals with consumer-related disputes, conflicts, and grievances. The court holds hearings to adjudicate these disputes.
When consumers file a case, the court primarily looks to see if they can prove the exploitation through evidence such as bills or purchase memos. In cases where no such evidence is presented, courts rarely rule in favor of the plaintiff. The court mostly decides its verdict based on the violations of consumer rights (if any). The point of having a separate forum for consumer disputes is to ensure that such disputes are speedily resolved and make it less expensive.
The rights provided by the court are listed below: [1]
To file a complaint, a consumer obtains a copy of the Consumer Protection Act. The format for filing a complaint is simple, with guidelines provided for reference. It is advisable to describe the facts and support the claim with comprehensive documentation.
The consumer movement a social force originated in the 1960s with the mission of protecting and promoting the interests of consumers against unethical and unfair trade practices. Rampant food shortages, hoarding, black marketing, adulteration of food and edible oil gave birth to the consumer movement. In 1986 the movement led the Indian government to enact the Consumer Protection Act of 1986 (COPRA).
The main function of the consumer court is to offer redress to consumers and to maintain seller's orientation toward fairly treating the consumer and respecting their rights. Approaching a consumer court is cheap as plaintiffs can represent themselves without a lawyer and are only required to pay a nominal fee of 100 Indian rupees. [3]
A lawsuit is a proceeding by one or more parties against one or more parties in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the Court may impose the legal and/or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
Forum shopping is a colloquial term for the practice of litigants taking actions to have their legal case heard in the court they believe is most likely to provide a favorable judgment. Some jurisdictions have, for example, become known as "plaintiff-friendly" and thus have attracted plaintiffs to file new cases there, even if there is little or no connection between the legal issues and the jurisdiction.
The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, and took its current name in 1992. The court is the successor to trial division of the United States Court of Claims, which was established in 1855.
The National Consumer Disputes Redressal Commission (NCDRC) is a quasi-judicial government commission established in India in 1988 under the Consumer Protection Act of 1986. Headquartered in New Delhi, it serves as the apex national-level forum for consumer dispute resolution in India. The NCDRC is headed by a sitting or retired judge of the Supreme Court of India or a sitting or retired Chief Justice of a High Court.
Vettath Balakrishna Eradi was a Judge of Supreme Court of India. He also served as the Chief Justice of the Kerala High Court and as President of the National Consumer Disputes Redressal Commission (NCDRC) and the Chairman of Ravi & Beas Waters Disputes Tribunal. Eradi was also noted for his role in several spiritual, cultural, and social organizations.
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles.
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an amount in controversy of more than $4,500 and have exclusive original jurisdiction over claims for more than $25,000. In criminal matters, the Circuit Courts are the trial courts for all felony charges and for misdemeanors originally charged there. The Circuit Courts also have appellate jurisdiction for any case from the Virginia General District Courts claiming more than $50, which are tried de novo in the Circuit Courts.
The Consumer Protection Act, 1986 (COPRA) was an Act by the Parliament of India elected to protect the interests of consumers in India. It was replaced by the Consumer Protection Act, 2019. It was made for the establishment of consumer councils and other authorities for the settlement of consumer's grievances and matters connected with it. The act was passed in Assembly in October 1986 and came into force on December 24, 1986.
The special motion to strike is a motion authorized by the California Code of Civil Procedure intended to stop strategic lawsuits against public participation (SLAPPs). They were created in 1992 with the purpose of encouraging participation in matters of public significance. The motion allows a litigant to strike a complaint when it arises from conduct in furtherance of the moving party's rights to petition or free speech in connection with a public issue. If the moving party prevails, they are entitled to attorney's fees by right. The motion is codified in section 425.16 of the Code. More than 300 published court opinions have interpreted and applied California's anti-SLAPP law. Because the right to file a special motion to strike is substantive immunity to suit, rather than a merely procedural right, federal courts apply the law to state law claims they hear under diversity jurisdiction.
A State Consumer Disputes Redressal Commission is an Indian autonomous, statutory and constitutional institution formed as a quasi judicial body at the state and union territory level under Section 2(44) of the Consumer Protection Act, 2019 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
Andhra Pradesh State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body for the state of Andhra Pradesh under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the Andhra Pradesh State Consumer Disputes Redressal Commission is appointed by the Andhra Pradesh Government in consultation with the Chief Justice of state Andhra Pradesh High Court.
The West Bengal State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi-judicial body in West Bengal under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
The Uttar Pradesh State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi-judicial body in Uttar Pradesh under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
The Telangana State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi-judicial body in Telangana under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
Tamil Nadu State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in Tamil Nadu under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
The Punjab State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi-judicial body in Punjab under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
Kerala State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in Kerala under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
Karnataka State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi-judicial body in Karnataka under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.
E-Daakhil is an online portal launched by the Indian The National Consumer Disputes Redressal Commission (NCDRC) in September 2020 for facilitation of offline and online complaints relating to the Consumer Protection Act, 2019 by consumers. The portal is available across all State Consumer Redressal Commissions.
Chhattisgarh State Consumer Disputes Redressal Commission is an autonomous, statutory and constitutional institution formed as a quasi judicial body in Chhattisgarh under Section 24-B of the Consumer Protection Act, 1986 to protect the rights of consumers. It is a system of alternate dispute resolution between conflicting parties during the process of trade. The president of the States Consumer Disputes Redressal Commission is appointed by the state government in consultation with the Chief Justice of state high court.