Read the following case study and answer the following question.

Ms. C bought an electric Iron from the market and paid money through cash to  the vendor. Mr. X. But she forgets to collect the bill for the deal as a written evidence. The Iron was a ISI certified product. Once, she was using the Iron, she realised that it is not working properly. Then she immediately contacted the Vendor Mr. X and asked him to remove the defect in the product or replace it with a new one. The vendor did not listen to her and refused to accept that this product is sold by him to her. She discussed the matter with her father and he advised her to seek legal help in this case and finally she decided to file a case against the vendor in the consumer court. But while filing the case she got stuck in between due to non-availability of material evidences to produce before the court such as cash memo or bill of the transaction.

If Ms. C gets a chance to lodge a Complaint in court so which is right place to file a case first for getting the relief ?

District Commission/District Forum

The correct answer is option (2)- District Commission/District Forum.

In India, for consumer complaints, the right place to file a case initially for relief is District Commission/District Forum.

The consumer dispute redressal system in India involves three levels - District Forum, State Commission, and National Commission. For cases involving a lower value or compensation, the District Commission or District Forum is the appropriate first step. If  dissatisfied with the decision of the District Forum, an appeal can then be made to the State Commission and/subsequently, to the National Commission if needed.

District commission has a jurisdiction to entertain complaints where value of goods or services paid as consideration does not exceed one crore rupees. Either on the first hearing or at any later stage, it appears to district commission that there exists elements of settlement which may be acceptable to the parties, it may direct them to give their consent for settlement of dispute through mediation within five days. In case the parties agree for settlement by mediation and give written consent, the district commission refers the matter for mediation and the provisions relating to mediation shall apply. However, in the event of failure of settlement by mediation proceeds with the complaint. If the complaint alleges defect in goods which cannot be determined without proper analysis or test of goods, the commission obtains the sample of goods, seal it and refer to the appropriate authority for analysis. In case of services, the dispute is settled based on the basis of evidence brought to its notice by the complainant and can ask for any required information document or records from the service provider for settlement. If any of the parties are not satisfied by the order of District Commission can appeal against such order to the State Commission on the grounds of facts or law within a period of forty five days from the date of order.