Jammu & Kashmir Consumer Court and Consumer Forum
Jammu & Kashmir Consumer Court is a special purpose court that deals with consumer complaints, disputes and grievances. To safeguard the interests of consumers, the Indian Government established the consumer courts under the Consumer Protection Act of 1986. The purpose of establishing a separate forum for consumer disputes was to ensure speedy resolution of disputes with minimum inconvenience and expense to consumers.
Recently, the Consumer Protection Act of 2019 has superseded the old Consumer Protection Act of 1986, providing more power to the Indian consumers.
The consumer can file a case (Consumer Complaint) against a seller or service provider if he has suffered loss or damage due to :
1. Defective product 2. Deficiency in service 3. Unfair or restrictive trade practices 4. Harmful goods or services 5. Excess price charged
Eligibility to file a case in Consumer Court
Anybody who buys a product or avails a service for a consideration (partial / full payment or a promise to pay), either for his personal use or to earn his livelihood by means of self employment, is a consumer in the eyes of law and so he is eligible to file a complaint.
It is to be noted that it is not necessary that the consumer himself has to file the case. Even his wife, relative or his legal representative can also file a complaint on his behalf.
Relief given by Consumer Court
The Consumer Forum can give direction to:
Remove the defects from the goods, Replace the goods, Refund the price paid, Remove the defects or deficiencies in the services, Award compensation for the loss or injury suffered by the consumer, Discontinue and not to repeat unfair or restrictive trade practice, Withdraw hazardous goods from being sold, Stop manufacturing / providing hazardous goods or services, Pay for sum (not less than 25% of the value of defective goods or services provided), Issue corrective advertisement to neutralize the effect of misleading advertisement, Provide adequate costs to parties
Approaching Jammu & Kashmir Consumer Court
You can approach Jammu & Kashmir Consumer Court within two years from the date on which cause of action arises. Though it is not required to engage a lawyer to file a case in Consumer Court, but it is always beneficial to hire an experienced lawyer to get professional guidance and support in your case.
First of all you should collect names & addresses of all the opposite parties. After this you should collect and arrange all the relevant evidence in your case like invoices, payment receipts, letters, emails etc.
A Lawyer can send a Legal Notice on your behalf to the opposite party and give them 15-30 days to resolve the dispute. If they ignore your Legal Notice and do not reply or resolve the matter within time, then you can file a case in consumer court.
For filing case in Jammu & Kashmir consumer forum, you need to prepare required papers to file a written consumer complaint in the forum. For preparing required papers, you must determine the jurisdiction of the complaint, compensation to be claimed and the relief you want to get.
In the consumer complaint, you need to mention all the details of the case, attach annexures and submit it in few copies. Normally three copies of these documents are required to be submitted - one for court, one is forwarded to the opposite party and one is for the complainant. Along with these case documents, you also need to deposit the required court fees for filing your consumer case. Want to read detailed guide on Consumer court? Buy our Paperback book at Amazon.
List of District Consumer Courts in Jammu & Kashmir
Please use the links below to locate your consumer court address and consumer court helpline number in your District. You can also view Email IDs of the Consumer Forums at District level.
Also, you can view the address and email of State Consumer Dispute Redressal Commission.
FAQs
What are the types of Consumer Court?
As per the Consumer Protection Act, a complaint can be filed in:
1. District Forum at District level, if the value of goods or services is less than 1 crore. Each District in India has a District Forum.
2. State Commission at State level, if the value of goods or services is more than 1 crore but does not exceed 10 crores. Each State in India has one State Commission.
3. National Commission at National level, if the value of goods or services exceeds 10 crores. The National Commission is located in Delhi.
What is the time limit for filing a case in Jammu & Kashmir Consumer Forum?
The case should be filed in Jammu & Kashmir Consumer Forum within two years from the date on which the cause of action has arisen. This would mean two years from the day the deficiency in service or defect in goods has arisen / detected. This is also known as the limitation period for filing a case in court.
How Voxya helps in Consumer Complaints?
Voxya provides an online platform to resolve consumer complaints. We draft & send professional Legal Notice to opposite party and then further help consumers by preparing case documents to file consumer forum case. You can start by filing your consumer complaint here https://voxya.com/file-consumer-complaint
Do I need a lawyer for filing a case in Jammu & Kashmir consumer court?
No, you do not need lawyer or an advocate to file a consumer case in Jammu & Kashmir consumer forum. You yourself can approach Jammu & Kashmir consumer forum and file case by submitting case documents. It hardly takes 2-3 hours time.
I am a Non-Resident Indian. Do I need to come down to India to file a case in Jammu & Kashmir consumer court?
No, there is no need to come to India. If you have family or friends in India who can represent you in your case, then you just need to provide them with a Power of Attorney to file a case on your behalf.