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kishore kumar   23 May 2024

consumer forum fees

If any victim of medical negligence, want to file a Case in state consumer commission, what will be the court fees?
Thanks


Learning

 17 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 May 2024

Court fees for filing a Consumer Complaint in Telangana

Case ValueCourt Fee

10 Lakhs - 20 Lakhs₹ 400

20 Lakhs - 50 Lakhs₹ 1000

50 Lakhs - 1 Crore₹ 2000

1 Crore - 2 Crore₹ 2500

kishore kumar   23 May 2024

Respected Sri RamaChary Rachakonda Sir, Thanks a lot for your valuable information.
victim belongs to Gujarat State. have you any idea about Gujarat Commission's court fees?
Thanks Again.

T. Kalaiselvan, Advocate (Advocate)     23 May 2024

The court fees for this purpose differs from one state to another.

You can clarify the same from local forum or through a local advocate or you can check the same from the commission's website 

kishore kumar   23 May 2024

Thanks a lot Sir.

T. Kalaiselvan, Advocate (Advocate)     23 May 2024

You are welcome.

 

Dr. J C Vashista (Advocate )     24 May 2024

There is no (NO) fees for a claim up to Rs. 5 lakh 

kishore kumar   24 May 2024

Thanks Sir

Ritesh Maity (Labour Law Advocate)     31 May 2024

Originally posted by : Dr. J C Vashista

There is no (NO) fees for a claim up to Rs. 5 lakh 

Sorry to differ, the court fees is determined on the valuation of the suit which as per the Act of 2019 is based on the actual amount paid. Under the Act of 1986, it was paid on the total claim.

E.g. In a medical negligence case, if your hospital bill was Rs.250,000/- but your total claim for the alleged negligence is Rs.40 lacs, then for the purpose of determination of court fees, Rs.250,000/- which you actually paid and not the amount claimed, would be considered.  

kishore kumar   31 May 2024

Thank a lot Sri Ritesh Maity Sir.

P. Venu (Advocate)     01 June 2024

The querist's profile suggests that he has been posting too many a query. May be, he is setting question papers for us.

Dr. J C Vashista (Advocate )     02 June 2024

"Originally posted by : Ritesh Maity

Originally posted by : Dr. J C VashistaThere is no (NO) fees for a claim up to Rs. 5 lakh 

Sorry to differ, the court fees is determined on the valuation of the suit which as per the Act of 2019 is based on the actual amount paid.

Under the Act of 1986, it was paid on the total claim.E.g. In a medical negligence case, if your hospital bill was Rs.250,000/- but your total claim for the alleged negligence is Rs.40 lacs, then for the purpose of determination of court fees, Rs.250,000/- which you actually paid and not the amount claimed, would be considered.  "

Dear Mr. Ritesh Maity

You have all rights to differ and it is a healthy sign of discussion.

In the instant case queriest has asked for  a court fees for a consumer complaint  under the provisions of Consumer Protection Act, 2019  w.e.f 20 July 2020  is as under:

Value of consideration paid for goods and services determines the COURT FEE payable to the Consumer Court

DISTRICT CONSUMER COMMISSION

(Jurisdiction to hear cases of Rs 50 Lakh value)

CONSIDERATION

COURT FEE

Less than Rs. 5 lakh:

No fee

Above Rs. 5 lakh and up to Rs. 10 lakh:

Rs. 200

Above Rs. 10 lakh and up to Rs 20 Lakh:

Rs. 400

Above Rs. 20 lakh and up to Rs. 50 Lakh:

Rs. 1,000

STATE CONSUMER COMMISSION

(Jurisdiction to hear cases from Rs 50 Lakh  up to  Rs 2 Crore value)

CONSIDERATION

COURT FEE

Above Rs. 50 lakh and up to Rs.1 Crore:

Rs. 2,000

Above Rs. 1 Crore and and up to Rs.2 Crore:

Rs. 2,500

 

NATIONAL COMMISSION

(Jurisdiction to hear cases above Rs 2 Crore value)

COURT FEE

Above Rs. 2 Crore and up to Rs.4 Crore:

Rs. 3,000

Above Rs. 4 Crore and and up to Rs.6 Crore:

Rs. 4,000

Above Rs. 6 Crore and and up to Rs.8 Crore:

Rs. 5,000

Above Rs. 8 Crore and and up to Rs.10 Crore:

Rs. 6,000

Above Rs. 10 crore:

Rs. 7,500

Could you please eleborate, if still disagree.

 

 

 

 

 

 

P. Venu (Advocate)     02 June 2024

Learned Expert Dr. J C Vashista has provided us with the right information in terms of the Consumer Protection (General) Rules, 2020.

 

7. Fee for making complaints. –

(1) Every complaint filed under sub-section (1) of section 35 or under sub-clauses (i) and (ii) of clause (a) of sub-section (1) of section 47 or under sub-clauses (i) and (ii) of clause (a) of sub-section (1) of section 58 shall be accompanied by a fee, as specified in the table given below, in the form of crossed Demand Draft drawn on a nationalised bank or through a crossed Indian Postal Order in favour of the President of the District Commission or the Registrar of the State Commission or the Registrar of the National Commission, as the case may be, and payable at the respective place where the District Commission, State Commission or the National Commission is situated, or through electronic mode as per arrangement made by the Commission concerned.

(2) The District Commission or the State Commission, as the case may be, shall credit the amount of fee received by it under sub-rule (1) to the Consumer Welfare Fund of the State and where such Consumer Welfare Fund is not established, into the appropriate account of the State Government, and the National Commission shall credit such amount of fee received by it to the Consumer Welfare Fund of the Central Government.

District Commission

(1) Upto rupees five lakh                                                - Nil

(2) Above rupees five lakh and upto rupees ten lakhs    - Rs.200

(3) Above rupees ten lakh and upto rupees twenty lakhs   - Rs 400

(4) Above rupees twenty lakh and upto rupees fifty lakh rupees    - Rs.1000

(5) Above rupees fifty lakh and upto rupees one crore     - Rs.2000

State Commission

(6) Above rupees one crore and upto rupees two crore     - Rs.2500

(7) Above rupees two crore and upto rupees four crore     - Rs.3000

(8) Above rupees four crore and upto rupees six crore      - Rs.4000

(9) Above rupees six crore and upto rupees eight crore    - Rs.5000

(10) Above rupees eight crore and upto rupees ten crore     - Rs.6000

National Commission

(11) Above rupees ten crore      - Rs.7500

Ritesh Maity (Labour Law Advocate)     02 June 2024

My response was only related to your statement - "There is no (NO) fees for a claim up to Rs. 5 lakh

Read more at: https://www.lawyersclubindia.com/forum/consumer-forum-fees-234238.asp"

 

Claim and consideration are different. What I wanted to clarify is that court fees is to determined only on the consideration amount and not on the compensation claimed. 

Dr. J C Vashista (Advocate )     03 June 2024

I respectfully differ with Mr. Ritesh Maity qua his observation stating, inter alia, that,

"Claim and consideration are different". What I wanted to clarify is that court fess is to be dertmined on the consideration amount and not on the compensation claimed "

The amount claimed and awarded may differ but the claimant has to pay court fees on the amount claimed and not awarded. 


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