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consumer forum fees

Page no : 2

Ritesh Maity (Labour Law Advocate)     04 June 2024

Apart from the provisions of the CP Act, 2019, the NCDRC vide its notification dated 20.07.2020 has further clarified that "the value has to be determined according to the consideration paid and not the value of Goods or Services or any relief claimed"

Hence, in my view, value of court fees is to be dermined on the actual amount paid and the complaint is not required to pay court fees on the amount claimed.

Since this site does not support any attachment, I am unable to he attach it here. However, it can be easily found from the NCDRC website. 

 

 

Dr. J C Vashista (Advocate )     05 June 2024

NCDRC has no authority to decide such a crucial issue of payment of court fees, if I am not wrong. However, please correct me, if so.

Can you please share the authority.

Ritesh Maity (Labour Law Advocate)     05 June 2024

This site does not allow attachement of any pdf. You can check the NCDRC website for details. There is a separate section for notices/ circulars under which the said notification can be found. NCDRC has the authority to issue advisory/ clarifications under the Act itself. 

Also Sec.34 of CP Act, 2019 states -

"Jurisdiction of District Commission.—(1) Subject to the other provisions of this Act, the District Commission shall have jurisdiction to entertain complaints where the value of the goods or services paid as consideration does not ...............:"

The Act itself is clear on the fact that value of goods/ service paid actually shall be considered and not the claimed amount. 

E.g. If the total value of a property is 1.25 cr and the complaint paid only Rs.45 lacs but claims a total compensation of Rs.1.75 cr before commission, the for the purpose of pecuniary jurisdiction, Rs.45 lacs (which was actually paid) shall be considered.  


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