Short Answer

Yes, a complainant may incur certain costs when filing a case, including court fees, documentation charges, and lawyer fees, depending on the forum where the case is filed.

Under the Consumer Protection Act, 2019 and Gujarat Cooperative Societies Act, 1961, these fees are generally nominal for cooperative or consumer matters but can increase if the case involves appeals, legal representation, or complex documentation.

Detailed Explanation

When a member or complainant files a case against a cooperative society or developer, the costs involved depend on the type of case, the forum (Registrar, Cooperative Court, or Consumer Court), and whether legal assistance is used.

• Filing Before the Registrar of Cooperative Societies:

Under the Gujarat Cooperative Societies Act, 1961:

Complaints like mismanagement, fund misuse, election disputes, or by-law violations can be filed directly before the Registrar.

Filing Fees: Usually ₹100–₹500, depending on the nature of the complaint.

Legal Representation: Hiring a lawyer is optional but recommended for complex cases. Typical lawyer fees range from ₹5,000 to ₹25,000 depending on case duration.

Documentation Costs: Printing, affidavits, and notary charges — approximately ₹200–₹500.

Note: If the complaint leads to an inquiry or audit under Section 93 or 96 of the Act, no additional court fee is charged.

• Filing a Case Before the Consumer Court:

Under the Consumer Protection Act, 2019, members may approach the Consumer Disputes Redressal Commission if they face deficiency in service by the society or developer (e.g., non-maintenance, delayed possession, etc.).

Filing Fees (as per the Consumer Protection Rules, 2020):

Value of Claim (Compensation Sought) Filing Fee

Up to ₹5 lakh ₹100

₹5 lakh – ₹10 lakh ₹200

₹10 lakh – ₹20 lakh ₹400

₹20 lakh – ₹50 lakh ₹1,000

₹50 lakh – ₹1 crore ₹2,000

Above ₹1 crore (State/National Commission) ₹5,000 – ₹10,000

Other Costs:

Lawyer fees (optional): ₹10,000–₹50,000 depending on the complexity and forum.

Documentation and courier charges: ₹500–₹1,000.

If the complainant represents themselves (pro se), no lawyer cost is incurred.

• Filing Before Cooperative or Civil Court:

If the case involves property rights, redevelopment disputes, or damages, it may fall under the jurisdiction of the Cooperative Court or Civil Court.

Court Fee: Usually between 1% and 2% of the total claim amount, subject to a minimum of ₹500.

Lawyer Fees: ₹15,000–₹1,00,000 or more depending on case length and seniority of the advocate.

Additional Costs:

Process fee for notice: ₹100–₹500

Affidavit & documentation: ₹300–₹700

• Fee Waivers or Concessions:

Members from economically weaker sections (EWS) can request fee waivers by filing an affidavit of financial hardship.

Some Consumer Courts also allow digital filing at no additional charge through the E-Daakhil portal.

If the case is proved, the losing party may be directed by the court to reimburse litigation costs to the complainant under Section 39(1)(d) of the Consumer Protection Act.

Real-world Scenarios

Scenario 1: A member of an Ahmedabad society files a maintenance deficiency complaint before the Consumer Forum with a ₹7 lakh claim — pays ₹200 as filing fee and ₹10,000 to a lawyer.

Scenario 2: In Surat, a complainant files a fund misuse case with the Registrar, paying only ₹300 in filing and affidavit costs and representing himself.

Scenario 3: In Vadodara, a group of residents files a redevelopment dispute in Cooperative Court — total filing cost ₹1,500, with ₹50,000 lawyer fees shared among members.

References

Section 93 & 96, Gujarat Cooperative Societies Act, 1961 – Inquiry and Recovery Process: Official PDF

Consumer Protection Act, 2019 – Section 2(42) & Section 39: Official PDF

Consumer Protection (Filing of Complaint Fee) Rules, 2020: Official Notification

Gujarat Cooperative Societies Rules, 1965 – Rule 6 (Procedure for filing complaints): Official PDF