If you paid for goods or a service and received something defective, deficient or overpriced, the Consumer Protection Act, 2019 gives you a forum that is quicker and more accessible than a civil court. Here is how a complaint works in practice.
Start with a legal notice
A legal notice is not compulsory before a consumer complaint, but it often settles the matter. When it does not, it shows the Commission that you gave the opposite party a fair chance to set things right, and it fixes your claim in writing.
Which commission: the value test
Pecuniary jurisdiction is decided by the value of the goods or services paid as consideration, under the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021:
- up to Rs 50 lakh: District Consumer Disputes Redressal Commission
- above Rs 50 lakh and up to Rs 2 crore: State Commission
- above Rs 2 crore: National Commission
Which place
Under Section 34(2) of the Act, you can file before the District Commission where the opposite party resides or carries on business, where the cause of action arose, or where you yourself reside or personally work for gain. This last option means a Lucknow resident can usually file in Lucknow even against a company based elsewhere.
The two year limit
Section 69(1) requires a complaint to be filed within two years from the date on which the cause of action arose. A complaint filed later can be admitted only if the Commission is satisfied that there was sufficient cause for the delay and records its reasons, under Section 69(2). Do not rely on that; file in time.
Online filing
Complaints can be filed online through the e-Daakhil portal of the consumer commissions. You will need a scanned complaint, an affidavit, copies of bills and correspondence, and proof of payment.
Documents to collect now
- The bill, invoice, receipt or booking confirmation
- Proof of payment, such as bank or UPI statements
- Emails, chats and complaint numbers showing that you raised the problem
- Photographs of defective goods, and any expert or service report
- A copy of the legal notice and proof of its delivery
This article explains the general legal position for information only. It is not legal advice, and the outcome of any matter depends on its own facts and the rules that apply to it.