Taking the brave step of submitting a complaint with a consumer commission, whether it’s at the district, state, or national level is an impressive demonstration of your determination to stand up for your rights.
But for many, the hearing itself can be a daunting and complicated ordeal. If your case has been admitted for hearing in a consumer forum, this article will help you understand what to expect by breaking it down into simple terms.
Step 1: Complaint Admittance
Your complaint must first be admitted by the forum. Your case’s merit, document completeness, and accuracy of pecuniary and territorial jurisdiction will all be reviewed by the commission.
The opposite party, who is typically the seller or service provider, is notified once admission has been made.
Step 2: Response Time and Notice
A “written version” of the opposing party’s answer to your complaint is required by the notice. According to the Consumer Protection Act, 2019 (Section 38(2)(a)), the other party is required to respond within 30 days, with a possible extension of 15 further days, but no more.
This date is not only directory but essential, according to the Supreme Court’s ruling in the case of New India Assurance Co. Ltd. v. Hilli Multipurpose Cold Storage Pvt. Ltd. (2020). A written response is forfeited if the other party does not respond within the 45-day period.
Step 3: How Do You Proceed If the Other Side Is Unresponsive?
Don’t stress out if the other side takes too long to reply. That is not the end of the case.
The Supreme Court made it clear in the case of ARN Infrastructure India Ltd. v. Hara Prasad Ghosh (2023) that a party can still argue a case even if they are not allowed to submit evidence. This is in keeping with the ideals of natural justice, which state that all people should be able to express themselves freely.
Their argument typically gets weaker in the absence of written submissions or documented evidence, which could work in your favor.
Step 4: The Case Hearing
After the deadline has gone or the pleadings (complaint and reply) are prepared, the next step is the hearing. The meat and potatoes of the consumer argument are these points. It lacks the formality of a trial in a civil court. For the sake of expedited justice, the Consumer Forum adheres to summary procedures.
Thinking of representing yourself in court? A strong case depends heavily on your documents and evidence. Here’s a list of everything you’ll need.
a. Proceedings Type
This is not a case of intricate legal reasoning replete with nuances. A lawyer isn’t even necessary, though it would be helpful. A lot of people who file complaints are good at arguing their own claims.
b. Structure
An opportunity to air your grievance will be presented to you (or your attorney). People on the forum may post queries or request answers. If they responded in a timely manner, the other side also gets an opportunity to offer their side of the story.
At times, proof is examined, such as invoices, receipts, emails, guarantees, pictures, or the views of experts. In most cases, however, the forum will decide whether or not to conduct formal cross-examinations or examinations of witnesses.
Step 5: Layout of Hearings
District hearings typically occur every one to three months, state hearings every two to six months, and federal hearings every three to twelve months. The complexity of the case and the speed of the forum determine the frequency.
Routine durations:
| Final order | 6 months to 2 years from the district commission |
| Decision from the State Commission | One to three years |
| National Commission | Order finalized within 1 to 5 years |
Keep in mind that although the Consumer Protection Act mandates a three-month resolution time for complaints, this deadline can be extended due to real-life circumstances such as objections, adjournments, or lack of cooperation.
Step 6: Exploring the Prospects of Mediation
If the Commission thinks the parties might be willing to compromise at any point during the hearing, they have the authority to propose mediation. If both sides are in agreement, the matter is sent to a mediator, who is an impartial third party who attempts to guide the parties toward a settlement that is acceptable to both of them.
Mediation is usually more expedient than litigation, and it’s completely optional. The forum will issue a directive in accordance with the outcome of the mediation. If it is unsuccessful, the usual hearing will proceed.
Step 7: Final Judgment
After reviewing all the submissions, the Consumer Commission will make a decision. If the complaint is found valid, the forum has the authority to order the other party to do the following: repair the faulty items, refund the payment, compensate for emotional distress, pay for the costs of litigation, and meet deadlines.
Failure to comply may result in penalties or interest.
In order to give consumers access to justice in a way that is easy, quick, and inexpensive, consumer forums were established. Both the proceedings and the process are more accommodating and less threatening than those in traditional courts.
If your complaint is legitimate and well-documented, the law will mostly favor you, even though there may be delays caused by systemic issues.
Not satisfied with the judgment? Learn how to file an appeal against a consumer court order.
Frequently Asked Questions (FAQ)
1. What happens after I file a consumer complaint? Will there be a hearing?
Once your complaint is admitted by the commission, the opposite party (seller/service provider) is notified and asked to respond. After receiving replies or passing the response deadline, the hearing is scheduled where both sides can present their case.
2. Is it necessary to hire a lawyer for a consumer forum hearing?
No. Consumer forums are designed for simplicity and allow self-representation. Many consumers successfully argue their own cases without a lawyer. However, legal assistance may be helpful in complex matters.
3. What if the other party doesn’t respond to my complaint in time?
If the other side fails to respond within 45 days, they lose the right to submit a written version. However, they can still argue the case orally. Their case becomes weaker without written evidence, which may work in your favor.
4. How long does it take for a consumer forum to give a final decision?
While the Act aims to resolve cases within 3 to 6 months, delays are common. District cases may take 6 months to 2 years, State Commission cases 1 to 3 years, and National Commission matters 1 to 5 years, depending on complexity and forum backlog.
5. What is mediation in a consumer case, and is it mandatory?
Mediation is a voluntary process offered during hearings to encourage settlement. If both parties agree, the case is referred to a neutral mediator. If successful, the forum issues an order based on the settlement; if not, the usual hearing continues.
