Disputes Defined by the Procedure
Commercial and consumer disputes look straightforward initially — a contract was breached, a payment wasn't made, a product was defective. But the difference between a matter that resolves in months and one that drags on for years is almost always how it's framed at the start.
Tabish Sarosh & Associates brings a strictly litigation-focused approach to commercial and consumer matters — we don't just advise on the law, we handle these disputes directly before the Commercial Courts, the NCDRC, the State and District Consumer Commissions, and in mediation.
Types of Matters We Handle
Money Recovery
Money recovery suits, including summary suits under Order XXXVII CPC and execution of decrees.
Cheque Dishonour
Cheque bounce cases under Section 138 of the Negotiable Instruments Act.
MSME & Invoices
Unpaid invoice, loan default recovery, and MSME delayed payment claims.
Contract & Supply
Breach of contract disputes; vendor, supply chain, and distribution agreement disputes.
Real Estate & Builder
Real estate and builder-buyer complaints.
Defective Products
Defective product, deficient service claims, and E-commerce disputes (non-delivery, misrepresentation).
Banking & Insurance
Representation in banking and insurance claim disputes.
Medical & Unfair Trade
Medical negligence complaints before consumer forums; Unfair trade practice complaints.
Recovery of Money: How It Actually Works
Recovery matters look simple on paper — someone owes money and won't pay — but the right route depends entirely on what the debt is based on and how quickly you need results.
- Legal Notice: Almost every recovery matter should start here. A properly drafted demand notice often resolves the matter on its own.
- Order XXXVII, CPC — Summary Suit Procedure: Where the claim is based on a written contract, bill of exchange, or promissory note, this allows for significantly faster recovery.
- Section 138, NI Act — Cheque Dishonour: Where a cheque is dishonoured, a criminal complaint can be filed after following strict notice procedures.
- MSME (Samadhaan) Recovery: Micro and small enterprises facing delayed payments can approach the Facilitation Council directly.
- Execution: We assist with execution proceedings — attachment of property, garnishee proceedings — where a debtor doesn't comply voluntarily.
The Commercial Litigation Framework
The Commercial Courts Act, 2015 significantly altered how business disputes are litigated in India, creating dedicated courts and expedited procedures — but with far stricter procedural requirements than ordinary civil suits.
- Section 12A Pre-Institution Mediation: You cannot simply file a commercial suit anymore. Unless you require urgent interim relief, attempting mediation through the Legal Services Authority is a mandatory prerequisite — courts will reject a suit outright if this is ignored.
- Strict Timelines: Unlike ordinary civil suits where delays can often be condoned, the Commercial Courts Act enforces rigid timelines — specifically the 120-day outer limit for filing a written statement.
- Summary Judgment (Order XIIIA): Provides a mechanism to decide claims without a full trial where the other party has no real prospect of succeeding.
- Case Management Hearings: Courts are required to hold case management hearings to set a binding schedule for the trial, reducing the endless adjournments typical of older civil litigation.
The Consumer Litigation Framework
The Consumer Protection Act, 2019 replaced the 1986 Act, introducing a modernised three-tier redressal system, product liability as a distinct legal concept, and specific provisions addressing e-commerce and unfair trade practices.
- Pecuniary Jurisdiction (as revised, 2021):
- District Commission: Consideration up to ₹50 lakh.
- State Commission: Consideration exceeding ₹50 lakh to ₹2 crore.
- National Commission: Consideration exceeding ₹2 crore. - Where You Can File: The 2019 Act allows a consumer to file in the District Commission where they reside or work, not only where the seller is located.
- Mediation: The Act provides for optional mediation through Consumer Mediation Cells attached to the Commissions.
Why Organisations & Individuals Choose Tabish Sarosh & Associates
- Litigation-First Approach: We build every commercial and consumer matter the way we'd build a case for trial — not as a formality to satisfy procedure.
- Current on Procedural Requirements: From Section 12A mediation compliance to correctly calculating consumer pecuniary jurisdiction, we get the procedural threshold right the first time.
- Delhi-Based, Court-Facing: Based at Tis Hazari Court and in Rohini, with direct familiarity with how these matters proceed before the Delhi Commercial Courts and Consumer Commissions.
- Full-Spectrum Support: From pre-institution mediation and complaint drafting through to trial and appeal, if needed.
Frequently Asked Questions
What qualifies as a "commercial dispute" under the Commercial Courts Act?
Broadly, disputes arising from ordinary transactions of merchants, bankers, and traders — including contracts for goods and services, partnership agreements, intellectual property matters, and construction contracts — above the specified value threshold.
Do I have to attempt mediation before filing a commercial suit?
Generally, yes — unless your suit includes a genuine claim for urgent interim relief. This requirement is mandatory, and courts can reject a suit outright for non-compliance.
Which consumer commission should I file my complaint in?
It depends on the value of the consideration you actually paid — not your total claim including compensation. Currently: up to ₹50 lakh goes to the District Commission, ₹50 lakh–₹2 crore to the State Commission, and above ₹2 crore to the National Commission.
Can I file a consumer complaint where I live, even if the seller is elsewhere?
Yes — under the 2019 Act, you can file in the District Commission where you reside or work for gain.
What's the time limit to file a consumer complaint?
Generally two years from the date the cause of action arose, though delays can sometimes be condoned for sufficient reason.
Do I need to send a legal notice before filing a recovery suit?
It's not always mandatory, but it's almost always advisable — a demand notice often prompts payment without litigation, and if it doesn't, it strengthens the eventual case.
What's the difference between a summary suit and a regular civil suit for recovery?
A summary suit under Order XXXVII CPC is available where the claim rests on a written contract, bill of exchange, or promissory note, and moves faster because the defendant needs the court's permission to contest the claim at all.
Can I file a criminal case if someone's cheque to me bounces?
Yes, under Section 138 of the Negotiable Instruments Act — but only after following the required notice procedure and within the statutory time limits.