Consumer litigation has seen a significant transformation with the introduction of the Consumer Protection Act, 2019, which has streamlined processes to create a more consumer-friendly environment. This expedited approach to dispute resolution underscores the critical role of advocates who must navigate the multiple stages and intricate procedures that characterize consumer cases.
The process begins with the filing of a complaint before the District Consumer Forum, where consumers can voice grievances against service providers or manufacturers. From there, the journey unfolds through various stages, including the submission of replies, filing of Affidavits, leading of expert evidence as and when required and actively participating in hearings. Advocates play an essential role in each step, ensuring that complaints are presented clearly and compellingly.
They must be well-versed in the nuances of the Act, as a thorough understanding of its provisions is vital for effective representation. While representing, the business houses, additional care is required to be taken, as setting out a defense in consumer disputes, is more often tricky and an uphill task, since the Consumer Protection Act is predominantly a consumer centric Act. In addition to the defense on merits, smart defense attorneys, often attempt to get a Complaint dismissed on technical and legal maintainability objections, which result in a summary dismissal of the Complaint at the very threshold.
Furthermore, if a resolution is not satisfactory, the process can escalate to the State Commission and, ultimately, the National Consumer Disputes Redressal Commission. Legal expertise is required for swift filing of appeals, which necessitate an in-depth study of previous rulings and a strong grasp of legal precedents to support their arguments. The multi-tiered structure of the consumer dispute resolution system demands meticulous preparation and strategic thinking.
Moreover, once orders are issued by the forum, the execution stage becomes paramount. Advocates must ensure compliance with the directives and be ready to tackle any challenges that may arise during the enforcement of these orders. This stage often involves further litigation if the opposing party fails to comply, which can lead to additional complications.