NEW DELHI: Bought a defective product? Facing poor service from a company, builder, bank, airline, hospital or online platform? Indian consumer law allows you to approach a consumer commission for compensation and relief without going through a lengthy civil court process.Under the Consumer Protection Act, 2019, consumers can file complaints against unfair trade practices, defective goods, deficiency in services, overcharging, misleading advertisements and more.
Who can file a consumer complaint?
A complaint can be filed by an individual consumer, a group of consumers, a legal heir or representative, a registered consumer association, or even the Central or State Government in some cases. A “consumer” generally means a person who buys goods or hires services for personal use and not for commercial resale.You can approach a consumer commission for issues such as defective mobile phones, electronics or appliances, online shopping frauds, delay in possession by builders, insurance claim rejection, banking or credit card disputes, medical negligence, airline cancellations or poor service, misleading advertisements, overcharging beyond MRP, and poor telecom or internet services.Before filing a case, it is advisable to send a written notice or email to the company or seller explaining your problem, the compensation or refund you want, and a deadline for resolution. Many disputes get resolved at this stage itself.Keep the copies of invoices, receipts, emails, chats, screenshots, warranty cards, and transaction details. These documents become important evidence later.
Where should you file the complaint?
Consumer cases are filed before Consumer Commissions depending on the value of what you paid for the goods or services. Under the 2019 Act, jurisdiction is determined by the actual consideration paid, not the compensation being claimed.There are three tiers of consumer commissions. The District Consumer Disputes Redressal Commission handles cases where the value of goods or services paid is up to ₹50 lakh. For claims above ₹50 lakh and up to ₹2 crore, the matter goes to the State Consumer Disputes Redressal Commission. Cases where the value paid exceeds ₹2 crore are heard by the National Consumer Disputes Redressal Commission, commonly known as the NCDRC.A complaint can generally be filed where the opposite party lives or works, where the business operates, or where the cause of action arose. Importantly, under the 2019 Act, a consumer can also file from the place where they reside or work — they do not need to travel to where the seller is located.
Can complaints be filed online?
Yes. Consumers can file complaints online through the government’s eDaakhil portal (edaakhil.nic.in). The portal allows users to file complaints, upload documents, pay fees online, and track case status digitally.
What details should the complaint contain?
A consumer complaint should clearly mention the name and address of both parties, facts of the dispute, date of purchase or transaction, amount paid, the deficiency or defect involved, supporting evidence, and the relief sought.You can ask for a refund, replacement, compensation, removal of defects, litigation costs, or compensation for mental harassment.
Is hiring a lawyer compulsory?
No. Consumer courts are designed to be consumer-friendly, and individuals can argue their own cases without hiring a lawyer. However, for complicated or high-value matters, legal assistance may still be a better option.
What is the time limit for filing?
A complaint should generally be filed within two years from the date when the cause of action arose. If there is a delay, the commission may still allow the case if sufficient reason for the delay is shown.Once the complaint is admitted, notice is issued to the opposite party, the company or seller files a response, evidence is examined, hearings take place, and the commission passes an order.Before proceeding to a full hearing, the commission may refer the matter to mediation if both parties agree. This can result in a faster resolution without the need for prolonged hearings.The commission can order refunds, replacement of goods, compensation, penalty for unfair practices, or discontinuation of misleading advertisements.
Can the order be challenged?
Yes. Orders can be appealed from the District Commission to the State Commission within 45 days, from the State Commission to the National Commission within 30 days, and from the National Commission to the Supreme Court within 30 days.