How Consumer Can Decide Whether To Knock At Door Of District Consumer Court, SCDRC Or NCDRC?

Answer:

Consumer should decide whether to file complaint at District Consumer Court, SCDRC or NCDRC based on consideration of jurisdiction, value of claim, nature of dispute, previous orders if any, stage of matter, place where cause of action arose, details of opposite party and applicable legal provisions. Generally speaking, District Consumer Court handles lower value consumer complaints. SCDRC handles consumer complaints having higher value within state and appeals against District Consumer Forum complaints. NCDRC handles national level high-value consumer disputes, entertain appeals against orders passed by State Commissions and handles revision against State orders in suitable cases.

Consumer should not file complaint at highest powerful forum he can find. If complaint is filed where it does not belong, consumer would face objection from opposite party, delay in case and unnecessary legal cost. Consumer should calculate the value of consideration/payment made or claim sought before filing complaint and check relief demanded from forum. Consumer should go through territorial jurisdiction of consumer forums and find if matter is fit for original complaint, appeal or revision.

For e.g., consumer should not file high-value.builder-buyer dispute case before District Consumer Forum just because District forum is nearest consumer forum. If consumer wants to file refund dispute case for buying small value smartphone from e-commerce platform, District Consumer Forum would be appropriate consumer forum for filing complaint. If consumer received adverse order from District forum in above smartphone refund dispute case, consumer can file appeal against District forum order in SCDRC. If adverse order was passed by SCDRC in builder delay matter, appeal can be filed against SCDRC order in NCDRC provided appeal is legally maintainable.

LEGAL365 helps consumers understand forum classification process. LAWYER BK Singh reviews facts, documents, claim value, previous orders received and reliefs demanded by consumer before suggesting appropriate consumer forum. We don’t go by mechanical forum classification process. We try to save consumer from entering litigation with procedural mistakes by suggesting correct forum.