Health India Legal Services

FAQ

In case a frivolous complaint is filed that turns out to be baseless and untrue by the District Forum, State or National Commission, then they have the authority to quash or dismiss the complaint. The forum or the commission, however, has to provide valid explanations for the same. Furthermore, the complainant might be asked to pay a fine. 

The State Commission is formed as per the provision of the Consumer Protection Act. It has the jurisdiction for entertaining complaints of any goods, or services or compensation that ranges between 5 lakhs to 20 lakhs rupees. The State Commission can ask for records, pass judgements against orders by the District Forum that are found to be exercised illegally or wrongfully. 

There is absolutely no fee or cost involved for those who wish to file a complaint across any of the consumer redressal forums.

Yes, there are provisions for appeal against any order. You can appeal against the District Forum at the State Commission, the order of the State Commission to the National Commission and the decision of the National Commission at the Supreme Court.

If the compensation claimed or the value of services and goods is within 1 lakh, then you can complain at the District Forum. In case the compensation claim is not more than 20 lakhs, then you can approach the State Commission for filing a complaint. However, if the value of services and goods and compensation claim exceeds 20 lakhs, then you have to file a complaint at the National Commission. 

There is no court fee applicable for an appeal at the State Commission against the order of the District Forum or an appeal against the State Commission to the National Commission. However, for an appeal against the National Commission to the Supreme Court, a charge of Rs. 250 is applicable. 



The Consumer Protection Act, of 1986 is an Act under the Indian Penal Code that contains provisions to safeguard the interests of consumers. It contains rules and regulations regarding the establishment of consumer grievance redressal councils and forums at different levels to settle any disputes that consumers face and matters that are connected to consumers.

If you wish to appeal against an order or decision by the District Forum, you can file an appeal to the State Commission. This has to be done within 30 days from the date the order is issued by the District Forum. However, the State Commission might agree to entertain an appeal that is made after 30 days. For that, there has to be sufficient valid reason for the commission to be satisfied.

As per provisions of the Consumer Protection Act, a person against whom a complaint is made or if the complainant is unable to comply with the verdict given by any of the consumer grievance redressal forums it can lead to imprisonment for more than 1 month. The jail term can extend to three years. There can also be a fine extending up to 10,000 rupees. In some cases, penalties can be both jail term and fine.

You can find details of filing a complaint within Section 12 of CPA (Consumer Protection Act). This section states that any individual having a grievance with regard to any product or service or goods provided or agreed to can submit their grievance with the District Forum. The forum, upon receiving the complaint, has to inform the accused party to give their version of the case within 30 days. 

 

In case the opposite party denies the allegation, disputes the charges or fails to represent his case within the stipulated time, the District Forum will move forward to settle the case as per the provisions of the Act.