1. Consumer Cases
– Tarun Mitra Mandal – Chinchpokli

2. Consumer

3. Consumer Rights
Consumer Rights Right to Safety Means right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfill long term interests. Before purchasing, consumers should insist on the quality of the products as well as on the guarantee of the products and services. They should preferably purchase quality marked products such as ISI, AGMARK, etc Right to be Informed Means right to be informed about the quality, quantity, potency, purity, standard and price of goods so as to protect the consumer against unfair trade practices. Consumer should insist on getting all the information about the product or service before making a choice or a decision. This will enable him to act wisely and responsibly and also enable him to desist from falling prey to high pressure selling techniques.

4. Consumer Rights
Right to Choose Means right to be assured, wherever possible of access to variety of goods and services at competitive price. In case of monopolies, it means right to be assured of satisfactory quality and service at a fair price. It also includes right to basic goods and services. This is because unrestricted right of the minority to choose can mean a denial for the majority of its fair share. This right can be better exercised in a competitive market where a variety of goods are available at competitive prices Right to be Heard Means that consumer's interests will receive due consideration at appropriate forums. It also includes right to be represented in various forums formed to consider the consumer's welfare. The Consumers should form non-political and non-commercial consumer organizations which can be given representation in various committees formed by the Government and other bodies in matters relating to consumers .

5. Consumer Rights
Right to Seek Redressal Means right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers. It also includes right to fair settlement of the genuine grievances of the consumer. Consumers must make complaint for their genuine grievances. Many a times their complaint may be of small value but its impact on the society as a whole may be very large. They can also take the help of consumer organisations in seeking redressal of their grievances. Right to Consumer Education Means the right to acquire the knowledge and skill to be an informed consumer throughout life. Ignorance of consumers, particularly of rural consumers, is mainly responsible for their exploitation. They should know their rights and must exercise them. Only then real consumer protection can be achieved with success.

6. Consumer Protection Act - 1986
WEB SITE

7. Consumer Courts Hierarchy
National Commission
State Commission
District Consumer Forums
Delhi
State Capitals
Revenue Districts

8. Mumbai – Consumer Courts
Maharashtra State Consumer Disputes Redressal Commission,
Administrative Staff College, Room Nos. 1 and 2,
Hazarimal Somani Marg, Opp.  C.S.T. Station,
Mumbai
Telephone:  / /
BANDRA Mumbai Suburban District Consumer Disputes Redressal Forum
2. Mumbai Suburban Additional District Consumer Disputes Redressal Forum
New Administrative Building, 3rd floor, Near Chetna College, Opposite Dr. Ambedkar Garden,
Government Colony, Bandra, Mumbai
Telephone:  / /
PAREL 1. ADDITIONAL MUMBAI DISTRICT - Central Mumbai
2. ADDITIONAL MUMBAI DISTRICT - South Mumbai
Plot C S No 4 / 296, First Floor, Administrative Building, P T Paul / Shivadi Division, Near
Mahatma Gandhi Hospital, S S Rao Road, Parel (East)
Telephone:

9. Thane – Navi Mumbai Consumer Courts
District Consumer Disputes Redressal Forum
The Collectorate Office Building, 2nd floor,
Thane (West)
Telephone No.  ,  
Navi Mumbai
Additional District Consumer Disputes Redressal Forum
Konkan Bhawan Annexe Bldg. 4th Floor
Room Nos. 428 & 429, Opp. C.B.D. Belapur Rly. Station
Navi Mumbai –
Telephone No. 

10. Definitions Complainant Complaint – Allegation in Writing
A consumer
Voluntary Consumer Association
One or more Consumers
In case of Death a Legal Heir or representative
Complaint – Allegation in Writing
Goods bought or agreed to be bought suffers from defects.
Service hired or availed suffer from DEFICIENCY of Service
Unfair Trade Practice or restrictive trade practice
Charge more than the printed price.
Hazardous goods or Services
Consumer – Buys Goods or Services
Does not include the person who avails the same for COMMERCIAL PURPOSE

11. Important Points when you receive the Complaint
Consumer Complaint ?
Time Bar ?
Jurisdiction ?
Court Fees Structure ?
Jurisdiction
Court Fees
Claim Upto
District Forums
Rs. 100
1 lac
Rs. 200
1 to 5 lac
Rs. 400
5 to 10 lac
Rs. 500
10 to 20 lac
State Commission
Rs. 2,000
20 to 50 lac
Rs. 4,000
50 to 100 lac
National Commission
Rs. 5,000
above 100 lac

12. Procedure of Making Complaint
Vakaltanama (if Advocate is there)
Condonation of Delay ( If the claim is beyond 2 years )
Leave Application (if Some of the Opponent is not in the jurisdiction of the Forum)

13. Procedure of Making Complaint
Serve Notice
Index
Gist of Complaint
Main Complaint Format
Affidavit
List of Annexures
Annexures
Supporting Documents in Annexures

14. Case Preparation - Index
Sr.
No.
Description of Documents
No.of Docu
Remark
Copy / Original
Page 1
Synopsis of Complaint 2
Consumer Complaint 3
Affidavit 4
List of Annexures 5
Annex Diagnosis Prescription of Opponent

15. Case Preparation - Gist
Synopsis of the case – Preferably in one or two page

16. Case Preparation - Complaint Format
Courts have Different Formats of Complaint
Format of Complaint.doc
Points of Care
Verification
There is no other complaint filed anywhere else.
The case is under 2 years of dispute
The claim is for …… lacs

17. Verification At the end of the Complaint – VERIFICATION
I ,…………………, having Office / Residence at ………………do hereby solemnly declare that whatever stated in foregoing paragraphs of the Complaint / Affidavit is true and correct to my own knowledge and belief.
Solemnly declared at Mumbai….
This …… day of ……… 2014

18. Case Preparation - Affidavit
Registrars of the Courts attest Free of Cost.
Point of Care - Carry any Govt. Recognized Photo I Card of the Complainant.
Format

19. KANDIVALI(West,MUMBAI-400067 Complainant Vs.
Before the Honable Consumer Dispute Redressal Forum, South Mumbai District
Complaint No of 2014
Comet Cables Pvt. Ltd.
KANDIVALI(West,MUMBAI Complainant
Vs.
THE NEW INDIA ASSURANCE Co. Ltd.
87, MG Road, Fort, Mumbai Opposite Party
AFFIDAVIT
I, Jayesh Kotak, aged 52 years, a self employed person in Comet Cables, residing at
………(Address)……………………., do hereby state solemnly affirm and repeat, reiterate,
reaffirm and confirm each and every statement made here is true and I further pray
that the same be treated true in support of claim in the complaint .
My complaint in brief is as under –
…………………………………………………………………………………………
Solemnly Affirmed at Mumbai.
Dated this ……………….. day of………………..
  Deponent
Before me

20. Case Preparation - List of Annexures
Sr.
No.
Annexure
Description
Page 1
Anexure 1
Diagnosis Prescription of Opponent 2
Annexure 2 3
Annexure 3 4
Annexure 4 5
Annexure 5

21. Important Points Legal Paper (Green Paper – A3 Size) Margins
Line Spacings
Fonts
Page Numbering
Annexures to be signed
No. of sets – Normally 3 sets to Court
– Sets to each Opponent
– 1 set for self
Court Fee - Bank Draft – From Govt Banks
Postal Order

22. Procedure of Filing the Case
File Submission with Court fee.
Case Admission
Notice serving
Case Proceeds
Affidavit of Evidence
Written Arguments / Final Hearing
Judgment
Appeals to the Higher Forums / Courts
Executions-
Section 25
Section 27

23. Reforms Common Case Formats Simplification and Acceptance.
Universal Language of the Decisions.
Time Bound Case Decisions
- Initially 90 days was the time limit.
Limit to date adjournments - Courts seems to be happy to give adjournments to Opponent in the name of justice. When it comes to demand of Cost by Complainant .. It is a big Baba ji ka Thullu………
Forums are not functioning due to space shortages, members not appointed.
Courts are not imposing fines for non conformance of orders.
Irratic decisions – Sonic Case for Branch Office – Case of a retired judge.

24. Revolution
OC - Conveyances
BMC Services
Wrong Trade Practice –e.g. Reliance Billing
Deficiency of Services –e.g. Vodafone Call Drops…..
Police
Passport
…………..
RTI Could be big Help to expose the Lacuna of Courts -
Performance ?? Like How many cases and how many judgments , adjournments, Fines, imprisonments, Time Limits

25. CASE STUDY Field Against Complainant Case Details Airlines
Qatar Airways
Nitin Chhazed
Pilferage
Builder
Soni & Associates
Soni Park
Society Formation Charge, OC, Conveyance
Railways
Western Railway
Meenu Chhazed
Theft in Train AC -III Tier
Mobile
Sony Erricson,Reliance Mobile,Black Berry PF
CMPF
Basantkuamr Chhazed
Pension
Theft Insurance
the New India Assurance - Theft
Comet Jayesh Kotak
Theft in Godown
Mediclaim
The New India Assurance
Hamir Dalal
Success Story
Advocate
Desai
Advocate not attended the court
Life Insurance
Birla Life Insurance
Rubina Shaikh
Death
Passport
Pendharkar,Prem Babel
Passport issued in 1 year
Medical
Dr.Shrikant M. Badwe
Ankita Deshpande
Fistula Operation Failure
Registrar, Records
Joint District Registrar and Administrative Officer Class II (Record)
Jaisinh Sampat
Registration Documents lost