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Ashish Jha   18 November 2019

Consumer court case

How to file a case in consumer court against the company which is doing business though online portal?

Is it compulsory to hire a lawyer for this?


 15 Replies

Isaac Gabriel (Advocate)     19 November 2019

The company with address could be mentioned as opposite party in the case.

G.L.N. Prasad (Retired employee.)     19 November 2019

First, contact a good and sincere advocate and he will study the facts and issue a comprehensive legal notice to the opposite party.  Keep that notice as a bonafide document of facts adhere to that notice and file complaint in Consumer forum as a party in person.  The cost of the legal notice may be less than Rs.500/- and that notice saves you from other expenses and entire expenses through forum may not exceed Rs.500/- in all.  Every forum was provided with help desk to assist consumers.

TGK REDDI   19 November 2019

In principle, a presiding officer is to extend all possible help to an ignorant party-in-person.   He should choose proper sections of the Cr. P. C. and the I. P. C. for such party.

In practice, a presiding officer misuses all his powers at his disposal to let a party-in-person have it.    It'll otherwise be a bad precedent he feels.

Dr J C Vashista (Advocate)     20 November 2019

Instead of proceeding party-in-person it is advisable to consult a local prudent lawyer with relevant facts/documents for appreciation, guidance and proceeding, if you are seeking some positive result against the opposite party to protect your interest.

TGK REDDI   20 November 2019

If contracting an Advocate and solely depending upon them is so unavoidable, what, then, lawyersclubindia is for?

TGK REDDI   20 November 2019

Sec 9(2) of The Consumer Protection Regulations doesn't mention dust bins.

Sec 26(4) forbids insisting upon parties to engage advocates.

Sec 26(3) mentions about respect and courtesy to parties.

TGK REDDI   20 November 2019

The Consumer Protection Regulations, 2005.

G.L.N. Prasad (Retired employee.)     20 November 2019

Shri T.G.K. Reddy has suggested using the help desk in the forum, and the purpose of the help desk is to guide such consumers,  , arrange for admitting the complaint and in case of a complaint against the help desk, the complaint can even approach to Supdt/Head clerk.  The help desk is meant for that.  As the concerned clerk also takes guidance from Supdt.,, the chances of rejection of complaints are remote.  The help desk is being handled by an expert who is consumer-friendly.

1 Like

TGK REDDI   20 November 2019

Shri GLN Prasad

Dear Sir

Earlier I praised your wisdom and you told you wanted a LIKE at the most, not praise.

In disobedience of your advice, I submit this post.

You're an asset to lawyersclubindia.

Even an illiterate Complainant is to be entertained by a Criminal Court.   Their statement is to be reduced to writing by the Presiding Officer and their thumb impression taken.

I welcome members who point out my foolishness but I hate insulting writings.

G.L.N. Prasad (Retired employee.)     20 November 2019

I profusely apologize for any inadvertent mistake on my part and I never intend to comment on any post of other experts. Honestly, I am not bothered about these likes or praises at this age.  If there is a thing to be contributed in addition, I can only state that much.  You can go through all most all my earlier post and I never commented on any one's post so far as perceptions differ and the final goal of all those contributors is to satisfy the queriest and creating confidence to him on the forum. I am sorry for the misunderstanding if any through my post and once again submit that it was never my intention.

I have only informed and supported Mr.TGK Reddy and the focus is only on Consumer complaint.

TGK REDDI   21 November 2019

I wrote about Consumer Court and Criminal Court.

I'd like to write about Civil Court.

During my thirty five-year legal life, my Plaints were returned quite a few times but were never transferred to dust bins.

But a strange point is in store.

About two years ago, His Honour Shri Balakoteswara Rao, one of the previous Principal Junior Civil Judges of Jaggayyapet, enlightened me.     His Honour was a genious.

His Honour refused to return my Plaint.    His Honour refused to commit discrepacies in my Plaint to writing but told me to rectify them before the Superintendent.

His Honour was ready to allow me to even tape record His Honour's observations.

His Honour explained that a Plaint is rejected only, not returned.    His Honour appeared to me to be right.

Discrepancies in a Plaint are rectified but are not a ground for throwing it into the dust bin.

There, of course, are dust bins in Courts but are not meant for this purpose.

P. Venu (Advocate)     28 November 2019

In principle, any person can appear in person before any Court unless it is restrained or restricted by law. Presently, to my knowledge, only Bombay High Court has laid down norms providing for inerviews for those proposing to appear party-in-person.

Generally, Courts are helpful those appear party-in-person.

However, while appearing in person would be less than detached and objective evwn if he is a practising advocate.

Divya Suyal   23 February 2020

which documents do i need to prepare if opposite party is not appearing before honourable court despite getting notice. and what is format for that.
any help ... please

Reeti Shetty   10 March 2021

The process for filing a complaint in the Consumer Court against an online shopping portal or online shopping website is the same as it is for filing a complaint against any other seller. Consumers may file a lawsuit with the Consumer Court in the district where they live or where they purchased products or services.

 A complaint can also be lodged at The Customer Online Resource and Empowerment Center, a government-run website which acts as a complaint and grievance redress mechanism run by the Consumer Co-ordination Council and is backed by the Department of Consumer Affairs of the Government of India. To file a complaint, the user must first create an account on the website. The complainant's name, email, address, and phone number must be entered into the online registration form, and a user id and password must be established. Any licensed brand or service provider may be the subject of a complaint. There is a dropdown menu of markets, categories, and products in the online complaint system, which includes all brands registered with the Department of Consumer Affairs. The purpose of the case, the names and contact information for the parties involved, and any supporting documentation may all be added to the online complaint. It's also possible to define the effects and relief sought. When a complaint is filed, it is given an electronic number. This can be used to keep track of the complaint's progress until it's resolved.

It is not mandatory to hire a lawyer for this process, however, a consumer complaint may sometimes involve many different aspects of the law and, if necessary, one may seek the assistance of a lawyer.

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