We regularly represent clients in various civil and criminal matters before trial courts, including:

• Contractual & Property Disputes: Handling complex disagreements arising from contracts and various property-related issues.

• Money Recovery Suits: Pursuing legal action for the recovery of outstanding debts.

• Family and Matrimonial Disputes: Expertise in sensitive family matters such as probate, succession, matrimonial disputes, maintenance claims, will drafting, and family property partitions.

• Commercial Disputes: Resolving conflicts stemming from commercial transactions for both individuals and corporate entities.

• Consumer Protection: Advocating for consumer rights in disputes before District, State, and National Consumer Commissions, aiming for swift resolutions. Click it to know more

• Banking & Loan Disputes: Addressing issues related to loans and disputes involving banks.

• Negotiable Instruments Act Cases: Specializing in cheque bounce matters and other disputes under the Negotiable Instruments Act.

• Criminal Defense: Representing clients in cases involving white-collar crimes, corporate frauds, IT law violations, cheating, forgery, and other non-heinous offenses, including those related to statutory non-compliances (e.g., Food Safety Act, Legal Metrology Act).

• Injunction Suits: Seeking and defending against injunctions to protect clients' interests.

We provide comprehensive legal support for commercial transactions and corporate governance:

• Commercial Documentation: Expert drafting and vetting of various commercial agreements, including Memorandums of Understanding (MoUs), Escrow Agreements, Joint Venture Contracts, Collaboration Agreements, and Shareholder and Share Purchase Agreements.

• Corporate Formation: Assisting with the incorporation of companies, including the drafting of Memorandum and Articles of Association.

• Deed & Document Registration: Drafting and facilitating the registration of deeds, leases, various bonds, property documents, and wills before the relevant Registrars.

Our practice extends to niche areas requiring specific expertise:

• Consumer Forums: We provide specialized and expert services in consumer litigation. 

• Intellectual Property Rights (IPR): Providing consultation and litigation support for Trademark and Copyright matters.

• Arbitration & Mediation (ADR): Comprehensive services in Alternative Dispute Resolution, including commercial arbitration. This covers the appointment of arbitrators, miscellaneous petitions for interim and permanent relief, objection petitions, and execution of arbitral awards.

• Real Estate (RERA & Advisory): Advising on Real Estate Regulatory Authority (RERA) matters, project developments, collaborations, and related contractual issues, including fast due diligence.

• Debt Recovery & Securitization: Handling issues before Debt Recovery Tribunals and Civil Courts.

• Competition Law: Addressing issues related to Restrictive and Unfair Trade Practices before the Competition Commission.

• Hague Convention Services: Offering various legal services falling under the purview of the Hague Convention.

• Paralegal Support: Providing legal and paralegal services tailored to specific requirements.

• Professional Collaborations: Extending exclusive expertise services to fellow advocates and other legal professionals.

Trial Stages in Cheque Bounce case under Section 138 of Negotiable Instruments Act 1881

Trial in Cheque Bounce Case

If the cheque presented for clearing is bounced from bank due to insufficient fund or any other reasons, demand notice to the person issued the cheque for payment should be send within 30 days from the date of bouncing cheque. If the the party failed to pay amount demanded within 15 days, a complaint under section 138 of negotiable Instrument should be filed with the concerned magistrate court within the jurisdiction.

Different stages of trial in Cheque Bounce case

Stage 1 : Filing of complaint under Section 138 with the Court

The complaint should be filed before the Trial Court within 30 days of expiring 15 days period given for payment. The Complaint should be supported with Original Returned Cheque, Original Copy of Cheque Return Slip received from Bank, Copy of Legal Notice with Acknowledgement and receipt for delivery of notice, Reply if any received against notice, Proof of amount receivable such as invoices, promissory note and etc. If the courts finds prima-facie a case is made out, then the complainant will be called to make sworn statement before the court.

Stage 2: Sworn Statement of Complainant

The complainant or his authorized agent should appear in the witness box and provide relevant details for filing the case. If the court is satisfied and finds substance in the complainant, then the summon will be issued to the accused to appear before the Court.

 Stage 3: Appearance of Accused

After receipt of summon from the Court the accused shall appear in court in person or through his Counsel. The court will verify whether the summon issued by the court is received by the accused. In spite of the receipt of summon, if the accused failed to appear before the court then the the court will issue an arrest warrant against him. The court will enquire the accused whether he admits the charges made by the complaint. In case of admission of guilty, the court will post the matter for punishment. If the accused, denies the charges then he will be served with the copy of complaint and he will be directed to submit his version of defense.

Stage 4:  Examination in Chief

The Complainant shall present his evidence by way affidavit or oral and produce all documents including the original in support of his complaint. The complainant can also present his witnesses in support of his case.

Stage 5: Cross Examination

The complainant will be cross examined by the accused or his counsel. The other witnesses appeared in support of the complainant will also be cross examined in this stage.

Stage 6: Defense Evidence

At this stage the accused will be given an opportunity to leave his evidence. The accused will also be afforded an opportunity to submit his documents in support of his case, as well as witnesses in his support. Accused and his witnesses will be cross examined by the complainant. After this, the case is posted for arguments.

Stage 7: Arguments

The Complainant and the accused or this counsels shall submit their arguments before the Court. During the argument the counsel may submit the precedents of High courts and Supreme Court in support of their case. Usually, a written argument containing a gist of the oral argument is also submitted before the the court.

Stage 8: Judgment

After the arguments, the case is posted for judgment. if the court finds in favor of the complainant then the accused will be punished with fine or imprisonment. If the court finds in favor of the Accused, then the court will acquit him. If accused is convicted, he will be subjected to arrest or he can move a petition for suspension his sentence for a period of 30 days, so he can file an appeal before the sessions court. 

Conditions to be fulfilled for Cheque Bounce case

Legally, certain conditions have to be fulfilled in order to use the provisions of Section 138.

- The cheque should have been drawn by the drawer on an account maintained by him.
- The cheque should have been returned or dishonoured because of insufficient funds in the drawer's account.
- The cheque is issued towards discharge of a debt or legal liability.
- If the cheque got bounced then the notice is required to be given withing 30 days of receipt of cheque bounce; then after receiving the notice, if the drawer doesn't make the payment within 15 days from the day of receiving the notice, then he commits an offence punishable under Section 138 of the Negotiable Instruments Act and after expiry of 15 days, the complaint should be filed within 30 days.

Power to direct interim compensation under Section 143A of negotiable Instruments (Amendment) Act 2018

As per the amendment the following provision is inserted to the Act:

"143A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Court trying an offence under section 138 may order the drawer of the cheque to pay interim compensation to the complainant-

(a) in a summary trial or a summons case, where he pleads not guilty to the accusation made in the complaint; and

(b) in any other case, upon framing of charge.

(2) The interim compensation under sub-section (1) shall not exceed twenty per cent. of the amount of the cheque.

(3) The interim compensation shall be paid within sixty days from the date of the order under sub-section (1), or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the drawer of the cheque.

(4) If the drawer of the cheque is acquitted, the Court shall direct the complainant to repay to the drawer the amount of interim compensation, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant.

(5) The interim compensation payable under this section may be recovered as if it were a fine under section 421 of the Code of Criminal Procedure, 1973.

(6) The amount of fine imposed under section 138 or the amount of compensation awarded under section 357 of the Code of Criminal Procedure, 1973, shall be reduced by the amount paid or recovered as interim compensation under this section."

Section 148 : Power of Appellate Court to order payment pending appeal against conviction

"148. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, in an appeal by the drawer against conviction under section 138, the Appellate Court may order the appellant to deposit such sum which shall be a minimum of twenty per cent. of the fine or compensation awarded by the trial Court:

Provided that the amount payable under this sub-section shall be in addition to any interim compensation paid by the appellant under section 143A.

(2) The amount referred to in sub-section (1) shall be deposited within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the appellant.

(3) The Appellate Court may direct the release of the amount deposited by the appellant to the complainant at any time during the pendency of the appeal:

Provided that if the appellant is acquitted, the Court shall direct the complainant to repay to the appellant the amount so released, with interest at the bank rate as published by the Reserve Bank of India, prevalent at the beginning of the relevant financial year, within sixty days from the date of the order, or within such further period not exceeding thirty days as may be directed by the Court on sufficient cause being shown by the complainant.".

IMPORTANT ELEMENTS IN CHEQUE BOUNCE CASE

1. Drawing the cheque.
2. Presentation of the cheque to the Bank.
3. Returning the cheque unpaid by the drawee Bank.
4. Payment demand notice issued to the drawer of the cheque
5. Failure of the drawer to make payment within 15 days of the receipt of notice.

ACTS AND LAW GOVERNING CHEQUE BOUNCE CASE

- Negotiable Instrument Act, 1881
- Criminal Procedures Code; 1973
- Indian Evidence Act, 1872,
- The Criminal Rules of Practice and Circular orders, 1990

OTHER ACTS RELATED TO CHEQUE BOUNCE CASE

- Indian Limitation, 1963.
- General Clauses Act 1897.
- Bankers' Books Evidence Act, 1891.
- Bills of Exchange Act, 1882.
- Information Technology Act, 2000.[Electronic Cheque]
- Constitution of India [Rights of Accused]

Filing a Consumer Complaint in India: A Complete Guide

Navigating consumer disputes in India can be challenging. The Consumer Protection Act, 2019 offers a legal framework for protecting consumer rights and resolving grievances. This guide outlines the complaint filing procedure, precautions, and tips for a timely resolution. While consumers often focus solely on the Act, other avenues for contesting claims exist. This guide provides insight into consumer court practices, which can be slow, so proactive case management is advised. Read on for a system overview and contact us for assistance.

1. Understanding the Basics

• Who is a Consumer? As per the Act, a consumer is a person who buys any goods or avails of any service for a consideration (payment made or promised, or partly paid and partly promised, or under any system of deferred payment). This includes users of such goods/services with the buyer's approval but does not include a person who obtains goods for resale or for any commercial purpose (though "commercial purpose" does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood by means of self-employment).

• Who Can File a Complaint?

  • A consumer.

  • Any voluntary consumer association registered under any law.

  • The Central Government or any State Government.

  • The Central Consumer Protection Authority (CCPA).

  • One or more consumers, where there are numerous consumers having the same interest.

  • In case of death of a consumer, their legal heir or legal representative.

  • In case of a consumer being a minor, their parent or legal guardian.

• Grounds for Filing a Complaint: A complaint can be filed against a trader, manufacturer, or service provider for:

  • Adoption of unfair trade practices or restrictive trade practices.

  • Defective goods (goods that are faulty, imperfect, or have shortcomings in quality, quantity, potency, purity, or standards).

  • Deficiency in services (any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance).

  • Charging a price in excess of the price:

    • Fixed by or under any law.

    • Displayed on the goods or any package containing such goods.

    • Displayed on the price list exhibited by a trader.

    • Agreed between the parties.

  • Offering goods or services that are hazardous to life and safety when used, in contravention of prescribed standards.

  • Product liability action against a product manufacturer, product seller, or product service provider for harm caused by a defective product.

  • Unfair contracts.

2. Pre-Filing Steps: The Crucial First Move

Before formally approaching a Consumer Commission, it's advisable to:

1. Contact the Seller/Service Provider: Communicate your grievance directly to the trader, manufacturer, or service provider from whom you purchased the goods or availed the service. Explain the issue clearly and state the resolution you expect (e.g., refund, replacement, repair, compensation). Keep a record of all communications (emails, letters, call logs).

2. Send a Formal Notice: If the seller/service provider does not respond satisfactorily or denies your claim, send a well-drafted legal notice (though not mandatory for filing a complaint, it is a recommended step). This notice should:

   • Clearly state the facts of the case, the defect in goods/deficiency in service, and the relief sought.

   • Give a reasonable timeframe (e.g., 15 or 30 days) for them to resolve the issue.

   • Indicate your intention to file a formal complaint with the Consumer Commission if the grievance is not redressed.

   • Send this notice via registered post with acknowledgement due (RPAD) or speed post to maintain proof of delivery.

3. Step-by-Step Procedure for Filing a Consumer Complaint

If your grievance remains unresolved after the initial steps, you can proceed to file a formal complaint with the appropriate Consumer Disputes Redressal Commission.

Step 1: Identify the Correct Jurisdiction

Jurisdiction is determined by two factors:

• Pecuniary Jurisdiction (based on the value of goods/services paid as consideration and compensation sought):

  • District Consumer Disputes Redressal Commission (District Commission): For claims up to ₹50 lakh.

  • State Consumer Disputes Redressal Commission (State Commission): For claims exceeding ₹50 lakh and up to ₹2 crore.

  • National Consumer Disputes Redressal Commission (NCDRC): For claims exceeding ₹2 crore.

• Territorial Jurisdiction: A complaint can be filed in a Commission within whose local limits:

  • The opposite party (or one of the opposite parties, if there are more than one) ordinarily resides or carries on business or has a branch office or personally works for gain; or

  • Any of the opposite parties (where there are more than one) actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case either the permission of the Commission is given, or the opposite parties who do not reside, or carry on business or have a branch office, or personally work for gain, as the case may be, acquiesce in such institution; or

  • The cause of action, wholly or in part, arises; or

  • The complainant resides or personally works for gain (This is a significant provision under the Consumer Protection Act, 2019, making it more convenient for consumers).

Step 2: Draft the Complaint

The complaint should be clearly written (typed or neatly handwritten). It does not require a lawyer to draft, but you can engage one if you wish. The complaint should contain:

• Complainant's Details: Your full name, address, contact details (phone number, email).

• Opposite Party's Details: Full name, address, contact details of the trader/manufacturer/service provider.

• Date and Place of Transaction: When and where the goods were purchased or services availed.

• Facts of the Case: A chronological sequence of events leading to the complaint. Clearly explain the nature of the defect in goods or deficiency in service.

• Grounds of Complaint: Specify how the actions of the opposite party fall under the grounds mentioned earlier (e.g., unfair trade practice, defective goods).

• Supporting Evidence: Mention all the documents you are attaching as proof (bills, receipts, warranty cards, correspondence, photographs, etc.).

• Relief Sought: Clearly state what you are asking the Commission to direct the opposite party to do (e.g., refund the amount, replace the product, pay compensation for financial loss or mental agony, cover litigation costs). Provide a breakup of the amount claimed under different heads.

• Jurisdictional Statement: A statement confirming that the Commission has the pecuniary and territorial jurisdiction to hear the complaint.

• Signature: The complaint must be signed by you (the complainant) or your authorized representative.

Step 3: Gather Supporting Documents

Attach copies of all relevant documents to substantiate your claim. These may include:

• Copy of the bill, invoice, or receipt of purchase/payment.

• Warranty/Guarantee card.

• Copies of correspondence with the seller/service provider (letters, emails, SMS, WhatsApp chats).

• Photographs/videos of the defective product or evidence of deficient service.

• Copy of the legal notice sent (if any) and its delivery proof.

• Any other document that supports your claim (e.g., expert opinion, medical reports in case of medical negligence). Ensure you keep the original documents safe and submit only photocopies with the complaint. Originals may be required for verification during hearings.

Step 4: Pay the Requisite Court Fees

A nominal fee is payable for filing a complaint, which varies based on the value of the claim. As of the latest updates:

• District Commission:

  • Up to ₹5 lakh: No fee.

  • Above ₹5 lakh and up to ₹10 lakh: ₹200

  • Above ₹10 lakh and up to ₹20 lakh: ₹400

  • Above ₹20 lakh and up to ₹50 lakh: ₹1000

• State Commission:

  • Above ₹50 lakh and up to ₹1 crore: ₹2000

  • Above ₹1 crore and up to ₹2 crore: ₹2500

• National Commission:

  • Above ₹2 crore and up to ₹4 crore: ₹3000

  • Above ₹4 crore and up to ₹6 crore: ₹4000

  • Above ₹6 crore and up to ₹8 crore: ₹5000

  • Above ₹8 crore and up to ₹10 crore: ₹6000

  • Above ₹10 crore: ₹7500

The fee can be paid through a Demand Draft (DD) in favor of the Registrar of the respective Commission or through online payment methods where available (like on the e-Daakhil portal). Fee structures can be revised, so it's always good to check the latest applicable fees.

Step 5: File the Complaint

• Physical Filing:

  • You need to submit the complaint along with the supporting documents and the prescribed fee to the registry of the appropriate Consumer Commission.

  • Generally, you need to file multiple copies (e.g., one for the Commission, one for each opposite party, and one for yourself). The exact number can be confirmed from the specific Commission.

• Online Filing (e-Jagriti Portal):

  • The Government of India has launched the e-jagriti.gov.in for online filing of consumer complaints. This platform allows consumers to file complaints, pay fees, and track their case status online from anywhere.

  • To use e-jagriti.gov.in:

    1. Register on the portal.

    2. Fill in the complaint details.

    3. Upload scanned copies of supporting documents.

    4. Pay the fee online.

    5. Submit the complaint.

  • The e-jagriti.gov.in portal is being implemented across states and is a convenient and efficient way to file complaints.

Step 6: Affidavit

The complaint must be supported by an affidavit affirming that the facts stated in the complaint are true to your knowledge. This affidavit needs to be notarized.

4. Procedure After Filing the Complaint

1. Admission of Complaint: The Commission will scrutinize your complaint. If it's in order, it will be admitted.

2. Notice to Opposite Party: Once admitted, the Commission will send a notice along with a copy of the complaint to the opposite party, directing them to file their response (written version) usually within 30 days (extendable by another 15 days).

3. Response from Opposite Party: The opposite party will file their reply, admitting or denying the allegations.

4. Evidence/Testing (if applicable):

   • If the complaint alleges a defect in goods that cannot be determined without proper analysis or testing, the Commission may direct the goods to be sent to an appropriate laboratory for testing. The cost of testing may have to be borne by the complainant initially.

   • Both parties will be given an opportunity to present their evidence (documents, affidavits of witnesses).

5. Hearing: The Commission will hear arguments from both sides. You can represent yourself or engage a lawyer.

6. Order: After hearing both parties and considering the evidence, the Commission will pass an order.

   • If the complaint is upheld, the Commission can order reliefs such as removal of defects, replacement of goods, refund of price, compensation for loss or injury (including mental agony and harassment), discontinuation of unfair/restrictive trade practices, withdrawal of hazardous goods, payment of punitive damages, corrective advertising, and costs of litigation.

   • The Commission is expected to dispose of complaints ideally within 3 months if no analysis or testing of goods is required, and within 5 months if testing is required.

5. Limitation Period

A consumer complaint must be filed within two years from the date on which the cause of action arose (i.e., when the defect was noticed, or deficiency in service occurred). However, a complaint may be entertained after this period if the complainant satisfies the Commission that there was sufficient cause for not filing it within the stipulated time (condonation of delay).

6. Precautions and Cautions for the Complainant

• Maintain All Records: Keep all bills, receipts, warranty cards, packaging, correspondence, emails, photos, and any other relevant documents meticulously organized. These are crucial evidence.

• Be Truthful and Accurate: Provide honest and precise information in your complaint. Misleading statements can weaken your case.

• Adhere to Timelines: Respond to any queries from the Commission promptly and attend hearings as scheduled.

• Correct Jurisdiction: Ensure you file your complaint in the Commission with the correct pecuniary and territorial jurisdiction to avoid dismissal or delays.

• Avoid Frivolous Complaints: Filing a false or vexatious complaint can lead to penalties (up to ₹10,000).

• Understand the Process: Familiarize yourself with the basic procedures of the Consumer Commission.

• Consider Legal Assistance: While not mandatory, for complex cases or if you are uncomfortable representing yourself, you may consider hiring a lawyer specializing in consumer law.

• Preserve Original Documents: Submit photocopies with the complaint and keep originals for verification.

• Service of Notice: Ensure that the notice (if sent before filing) and the Commission's notice are properly served on the opposite party and retain proof of service.

7. Steps to Fasten the Procedure

While the Consumer Protection Act aims for speedy disposal, certain actions by the complainant can help:

• Provide Complete and Clear Information: A well-drafted complaint with all necessary details and clearly stated facts can save time.

• Attach All Relevant Documents Systematically: Properly organized and legible documents make it easier for the Commission to understand the case.

• Use e-jagriti portal: Online filing through e-jagriti.gov.in can be faster and more efficient for submission, payment, and tracking.

• Prompt Responses: If the Commission asks for any additional information or clarification, provide it quickly.

• Be Prepared for Hearings: Have your facts and arguments ready for the hearings.

• Consider Mediation: The Consumer Protection Act, 2019, provides for mediation as an Alternate Dispute Resolution (ADR) mechanism. If the Commission refers the matter to mediation and there's a possibility of settlement, engaging constructively can lead to a faster resolution.

• Follow Up Politely: You can politely follow up on the status of your case through the Commission's registry or the e-Daakhil portal.

• Serve Opposite Party Efficiently: Ensure the opposite party is served with the complaint and notices promptly as per the Commission's directions.

8. Conclusion

Filing a consumer complaint is your right when you have been wronged as a consumer. By understanding the procedure, taking necessary precautions, and being proactive, you can effectively seek redressal for your grievances. The Consumer Protection Act, 2019, and platforms like e-Daakhil have empowered consumers significantly, making the process more accessible and efficient.

Disclaimer: This information is for general guidance only. For specific legal advice, it is recommended to consult a legal professional.