Reference Guide

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Court Fees Act, 1870 — Overview

The Court Fees Act, 1870 is the central legislation governing court fees in India. States have adopted it with amendments. It prescribes ad valorem fees (based on suit value) for money suits and fixed fees for other proceedings. Schedule I lists ad valorem fees, while Schedule II lists fixed fees for various court filings.

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Ad Valorem vs Fixed Court Fees

Ad valorem fees are calculated as a percentage of the suit value / amount of claim. Used for money suits, recovery suits, and property disputes. Fixed fees are flat amounts regardless of value — used for writ petitions, criminal applications, interlocutory applications, and matrimonial matters.

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Exemptions and Concessions

In forma pauperis: Indigent persons can file suits without court fees (Order 33 CPC). SC/ST concessions: Several states offer 50-100% fee exemption for SC/ST litigants. Women: Some states (e.g., Rajasthan) exempt women from court fees in matrimonial cases. Government: Central and State Governments are often exempt.

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How to Pay Court Fee

E-stamp paper: Most states now accept e-stamps purchased from SHCIL (Stock Holding Corporation). Physical stamps: Court fee stamps (adhesive or impressed) available at court premises or authorized vendors. E-filing: High Courts with e-filing (Delhi, Bombay, etc.) accept online payment via net banking / UPI. Challan: Some courts accept treasury challans for high-value fees.

Frequently Asked Questions

What is the court fee for filing a civil suit in India? ▼

Court fees for civil suits are calculated on an ad valorem basis — as a percentage of the suit value. Rates vary by state and court. For example, in Maharashtra, the fee for a money suit ranges from about 1% (for amounts up to ₹1 lakh) to 7.5% for higher amounts, with slab-based calculations. In Delhi, it ranges from about 1% to 5%. The minimum fee is usually ₹50-200.

What is the fee for filing a consumer complaint? ▼

Consumer Forum fees are slab-based. At the District Forum (claims up to ₹1 crore), fees range from ₹100 to ₹5,000. At the State Commission (₹1-10 crore), fees range from ₹5,000 to ₹25,000. At the National Commission (above ₹10 crore), fees range from ₹25,000 to ₹50,000. No ad valorem calculation applies.

Is court fee refundable if the case is settled or withdrawn? ▼

Generally, court fees are not refundable once paid. However, under Section 16 of the Court Fees Act, if a suit is returned for presentation to proper court or is rejected for defect without adjudication on merits, the court fee paid may be refunded or adjusted. Some states allow partial refund if the matter is settled through mediation or Lok Adalat.

What is the difference between court fee and process fee? ▼

Court fee is the fee payable to the government for filing a case — it is based on the suit value or fixed per case type. Process fee is a separate fee paid for serving summons, notices, and other court processes to the opposite party. Process fees are usually ₹50-200 per process and are in addition to the court fee. Vakalatnama fee (₹10-50) is the stamp duty on the authorization deed given to your advocate.

What fee is required for filing an appeal? ▼

For a First Appeal in High Court, the fee is typically the same as the original suit fee or 50% of it, depending on the state. Second Appeals are usually 50% of the first appeal fee. In the Supreme Court, the SLP (Special Leave Petition) fee is approximately ₹10,000. Review petitions in the Supreme Court cost around ₹5,000.

Can I file a case without paying court fees? ▼

Yes, under Order 33 of the Code of Civil Procedure, an indigent person (one who cannot afford court fees) can file a suit "in forma pauperis" — without paying court fees. The court examines the applicant's financial status and, if satisfied, allows the suit to proceed without fee. If the applicant wins, the court fee becomes recoverable from the losing party.

What are the NCLT filing fees? ▼

NCLT fees vary by application type. For insolvency petitions under IBC, operational creditors pay ₹2,000 and financial creditors pay ₹5,000-25,000 based on claim amount. For company petitions under the Companies Act (oppression and mismanagement, winding up), fees range from ₹5,000 to ₹25,000 depending on the nature and value of the petition.

How are court fees different across Indian states? ▼

The Court Fees Act, 1870 is a central law, but states have power to amend it. This leads to significant variation. For example, Maharashtra has one of the highest ad valorem rates (up to 7.5%), while Delhi caps at around 5%. Karnataka uses a slab system with rates between 2-5%. Some states like Rajasthan offer concessions for women and SC/ST litigants that other states do not.

What is the court fee for a writ petition? ▼

Writ petitions in High Courts carry a fixed fee, not ad valorem. The amount varies: Delhi High Court charges ₹750-2,000, Bombay High Court around ₹500-1,000, Karnataka High Court ₹500-1,500. In the Supreme Court, writ petitions under Article 32 cost approximately ₹5,000-10,000. PIL (Public Interest Litigation) petitions are often free or carry nominal fees.

What is DRT and what are its fees? ▼

The Debt Recovery Tribunal (DRT) was established under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. DRT handles recovery of debts above ₹20 lakh. Filing fees are slab-based: 1% of the debt amount with a minimum of ₹12,000 and maximum of ₹1,50,000. For appeals to DRAT (Debt Recovery Appellate Tribunal), the fee is ₹10,000-50,000.

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