The Consumer Protection Act of 2019 makes it possible for anybody to seek justice in consumer courts without having to hire an attorney.
As a result of this distinctive quality, consumer forums are less formal, more accessible, and friendly to citizens than conventional civil courts. But even with this legal protection, very few customers take matters into their own hands.
A Fundamental Legal Right for Every Individual
Making it easy for regular people to get justice is the guiding principle of consumer commissions at the federal, state, and regional levels.
Anyone may submit a complaint immediately, without the need for legal counsel, under the Consumer Protection Act if they have experienced a service failure or defective product for personal use. Cases can be heard and determined more quickly in the forums since they follow summary procedures, unlike regular courts.
This is particularly useful for cases with a low stake, where hiring an attorney could be out of proportion to the amount at stake.
True Tales of Triumph: Customers Who Stood Up
There are a number of encouraging examples of people who were able to take on powerful entities without legal representation.
As per The Times of India (Oct 3, 2014), Smita Patil, a 25-year-old resident of Balaghat, Madhya Pradesh, filed a lawsuit against her telecom provider for failing to provide the SMS bundle that was promised. She refused to accept defeat and instead took matters into her own hands by suing in consumer court, where she ultimately received Rs. 700 in damages.
Similarly, Bhopal resident Rakesh Arora won a case against a train vendor without legal representation after being overcharged Rs. 3 for a water bottle.
The same TOI report also mentions a situation wherein unrepresented consumers in Bhopal sued Neo Constructions collectively in the consumer forum after the company failed to deliver the homes they had paid for.
These cases illustrate how the law intends for everyday people to be: able to assert their rights.
For what reasons do just 20% of shoppers use self-representation?(report says)
The Times of India reports an alarming statistic: self-representation accounts for just approximately 20% of consumer claims, despite the enabling legal structure.
Approximately 30,000 out of approximately 2 lakh cases heard in district forums in Madhya Pradesh did not involve attorneys. Even lower, with only about 900 out of 46,000 cases being self-represented at the state commission, is the number.
How come there is a difference? Reasons for this include both ignorance and aversion to the judicial system. The complexity of the courts is a concern for some consumers, while others are unaware that they can represent themselves.
“Consumers aren’t aware of their rights,” says advocate Sadhna Pathak, as cited in TOI. Providers of services will think twice before suing if their customers know what rights they have.
Difficulties in Acting as Your Own Attorney
There are obstacles to overcome even though self-representation is permitted by law. According to a story published in The Hindu on July 24, 2023, Jinu Johnson, a local of Bengaluru, has been battling a vehicle dealer for more than 18 months over ₹10,000 in additional charges for handling and logistics.
Even though there is convincing proof, delays and complications can wear persons down; Jinu is demonstrating this by representing himself, but the process has been tedious and unpleasant.
A number of consumer groups were cited in The Hindu reports that many people are still hesitant to lodge complaints because of the perceived formality of court processes, the complexity of the procedures, and the frequent adjournments that occur, even though these issues were addressed in the 2019 Act.
If you’re wondering how the Consumer Protection Act, 2019 changed things, we’ve broken it down for you in this blog on the old vs new law.
When It’s Effective to Represent Oneself
Self-representation is most effective in low-stakes, straightforward cases like:
- Paying too much for a service or product.
- Getting faulty consumer product electronics.
- Issues with online purchases or delivery failures.
- Problematic services, such as slow internet or phone problems.
You can easily submit such complaints using the E-Daakhil portal with supporting documentation such as bills, emails, screenshots, and warranty cards. There is no requirement for oral argument or personal appearance in many of these matters.
Planning to represent yourself? Make sure your case is backed by solid documentation. Discover exactly what documents and evidence you need to win.
Read: What Documents & Evidence Do You Need for a Strong Consumer Case?
Reasons to Seek Legal Counsel
However, it is wise to seek legal counsel in instances that are technically complex or involve high-stakes issues, such as those involving medical malpractice, insurance claims, or substantial sums of money.
Having an attorney on your side can help level the playing field, especially when the stakes are high and firms typically retain the services of experienced legal professionals.
A hybrid approach, in which you retain legal counsel for the planning and drafting stages but manage your own court appearances, is another viable option in these situations.
Legal Redress Is At Your Fingertips
Complaining has never been simpler. Online complaint filing, case tracking, evidence uploading, and virtual hearing attendance are all features of the E-Daakhil Portal.
There is a form available online for consumer redress that can be easily downloaded and filed with the court, as reported by TOI. The consumer can file his case without spending a dime.
However, few people are aware of these methods, particularly those living in rural areas or who aren’t very tech-savvy.
A voice for the common person in the face of unfair business practices inspired the establishment of consumer courts. Despite this, the law’s empowering provisions go unused, as reported in both The Hindu and the Times of India. We obviously need greater outreach and education since over 80% of litigants choose lawyers.
You should know that the law supports your position. It is possible to successfully defend one’s own case with adequate research, supporting evidence, and perseverance.
By representing themselves in court, consumers not only save money, but they also show corporations that modern consumers are knowledgeable, strong, and fearless.
If you’ve never attended a consumer hearing, here’s what to expect during the proceedings, explained in simple terms.
Frequently Asked Questions (FAQ)
1. Is it mandatory to have a purchase receipt to file a consumer complaint?
Yes. A receipt, invoice, or bill is essential to prove that you are a “consumer” under the Consumer Protection Act. Without it, your complaint may be dismissed at the initial stage.
2. Can I file a consumer case without sending a legal notice first?
Yes, you can. But sending a written complaint or legal notice beforehand is strongly advised, as it shows your effort to resolve the issue amicably and strengthens your case.
3. What types of communication records should I keep as evidence?
Keep all emails, SMS, WhatsApp chats, phone call logs, and written messages with the service provider. These help prove your efforts and the company’s negligence or non-response.
4. What if my issue is related to health or technical services?
Submit expert reports like medical records, diagnostic tests, or technician evaluations. These support claims about defects, poor service quality, or professional negligence.
5. What is an affidavit, and why is it important in a consumer complaint?
An affidavit is a sworn statement verifying the facts of your complaint. It is mandatory in State and National Commissions (must be notarized) and adds credibility to your claim.
