How to File a Consumer Complaint Under the 2019 Act

The Consumer Protection Act, 2019, empowers consumers to seek redressal against unfair trade practices, defective goods, and deficient services. You can file a complaint with District, State, or National Commissions based on the value of goods or services and compensation sought. The e-Daakhil portal simplifies online filing, making the process more accessible and efficient for all Indian consumers.

Who can file a consumer complaint?

Any consumer, a group of consumers, or even the Central or State Government can file a consumer complaint. A "consumer" is defined broadly under the Act as someone who buys any goods or avails any service for a consideration, which has been paid or promised, or partly paid and partly promised, or under any system of deferred payment. This also includes any user of such goods or beneficiary of such services other than the person who buys or hires them, provided it is with the approval of such person.

What are the grounds for filing a consumer complaint?

You can file a consumer complaint on several grounds, primarily related to unfair trade practices, defective goods, or deficient services. Specifically, Sec. 35(1) of the Consumer Protection Act, 2019, outlines the grounds, which include:

An unfair contract or an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider.
The goods bought by him or agreed to be bought by him suffer from one or more defects.
The services hired or availed of or agreed to be hired or availed of by him suffer from any deficiency.
A trader or a service provider has charged for the goods or for the services mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods or displayed on the price list exhibited by him or under any contract or agreement between the consumer and the trader or service provider.
The goods which are hazardous to life and safety when used are being offered for sale to the public.
The services which are hazardous or likely to be hazardous to life and safety of the public when used are being offered by any person.

Which consumer commission should you approach?

The appropriate consumer commission to approach depends on the monetary value of the goods or services paid for, plus the compensation claimed. The Consumer Protection Act, 2019, has revised the pecuniary jurisdiction thresholds for District, State, and National Commissions.

Commission Type	Pecuniary Jurisdiction (Value of Goods/Services + Compensation)
District Commission	Up to ₹50 Lakhs
State Commission	More than ₹50 Lakhs but up to ₹2 Crores
National Commission	More than ₹2 Crores

Sec. 34 of the Consumer Protection Act, 2019, specifies the jurisdiction of the District Commission, Sec. 47 for the State Commission, and Sec. 58 for the National Commission. It's crucial to correctly identify the forum to avoid your complaint being returned or dismissed on jurisdictional grounds.

What is the limitation period for filing a consumer complaint?

A consumer complaint must be filed within two years from the date on which the cause of action arises. Sec. 69 of the Consumer Protection Act, 2019, states, "The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen." However, a complaint may be admitted even after the period of two years if the complainant satisfies the Commission that there was sufficient cause for not filing the complaint within such period. In such cases, the Commission must record its reasons for condoning the delay.

How can you file a consumer complaint online using e-Daakhil?

The e-Daakhil portal provides a convenient and efficient way to file consumer complaints online from anywhere. This digital platform streamlines the process, reducing the need for physical visits to consumer commissions.

To file a complaint via e-Daakhil:

Register: Visit the e-Daakhil portal (edaakhil.nic.in) and register as a new user by providing your details.
Login: Log in using your registered credentials.
Select Commission: Choose the appropriate District, State, or National Commission based on the pecuniary and territorial jurisdiction.
Fill Complaint Form: Complete the online complaint form, providing details such as your name, address, contact information, details of the opposite party (trader/service provider), and a clear description of the goods or services, the defect or deficiency, and the relief sought.
Upload Documents: Attach all supporting documents, including invoices, warranty cards, communication with the opposite party, evidence of defect/deficiency, and any other relevant proof. These should be in PDF format.
Pay Fee: Pay the prescribed filing fee online. The fee varies based on the value of the complaint and the commission.
Submit: Review all information and submit the complaint. You will receive an acknowledgement with a complaint number for future reference.

The e-Daakhil system is a significant step towards making consumer justice more accessible, especially for those in remote areas or with limited mobility.

What is the role of the mediation cell in consumer disputes?

The Consumer Protection Act, 2019, places a strong emphasis on mediation as an alternative dispute resolution mechanism. Sec. 37 of the Act allows the District Commission, upon receiving a complaint, to refer the parties to mediation if there appears to be an element of settlement.

Key aspects of mediation:

Voluntary: Mediation is a voluntary process where both parties agree to resolve the dispute with the help of a neutral third-party mediator.
Confidential: Proceedings before the mediation cell are confidential.
Non-binding (initially): The mediator facilitates communication and negotiation but does not impose a decision.
Settlement: If a settlement is reached, the terms are recorded, signed by both parties, and forwarded to the Commission, which then passes an order in terms of such settlement. This order is binding.
Failure of Mediation: If mediation fails, the Commission proceeds with the adjudication of the complaint.

Mediation offers a quicker, less formal, and often more amicable way to resolve disputes, saving time and legal costs for both parties.

What happens after the consumer commission passes an order?

Once the consumer commission (District, State, or National) passes an order in your favour, the opposite party is legally bound to comply with it. If the opposite party fails to comply, you can initiate execution proceedings.

Steps for execution:

Application for Execution: File an application for execution before the same commission that passed the order.
Powers of the Commission: The commission has powers similar to a civil court for the execution of its orders. It can:
- Attach and sell the property of the opposite party.
- Order the arrest and detention of the opposite party (in case of a company, its directors or officers responsible for non-compliance) for a period not exceeding three years, or impose a fine not less than ₹25,000 but which may extend to ₹1,00,000, or both, as per Sec. 71 of the Consumer Protection Act, 2019.
Appeal: If either party is dissatisfied with the order of the District Commission, they can appeal to the State Commission. An appeal against a State Commission's order lies with the National Commission, and against a National Commission's order, to the Supreme Court.

Enforcement of orders is a critical aspect of consumer protection, ensuring that justice is not just pronounced but also delivered.

How SP & SC helps

Navigating the intricacies of consumer law can be challenging. SP & SC Legal and Taxation Services offers expert guidance and representation for consumers, helping you draft and file complaints, represent your case before consumer commissions, and assist with mediation and execution proceedings. Our team ensures your rights are protected effectively. Visit our services page at /services/legal-contracts/consumer-banking-adr for more information.

Frequently asked questions

Can I file a consumer complaint for free?

No, there is a nominal fee prescribed for filing a consumer complaint, which varies based on the value of the goods or services and the compensation claimed. However, the Central or State Government can file a complaint on behalf of consumers without a fee.

Do I need a lawyer to file a consumer complaint?

While it is not mandatory to hire a lawyer, having legal representation can significantly strengthen your case. A lawyer can help you draft a precise complaint, present evidence effectively, argue your case, and navigate legal procedures, increasing your chances of a favourable outcome.

What kind of compensation can I claim in a consumer complaint?

You can claim various forms of relief, including replacement of defective goods, removal of defects, refund of the price paid, compensation for any loss or injury suffered due to the unfair trade practice or deficiency, and even punitive damages in appropriate cases.

Can I file a complaint against an e-commerce company?

Yes, the Consumer Protection Act, 2019, explicitly covers e-commerce transactions. You can file a complaint against e-commerce entities for issues like defective products, misrepresentation, non-delivery, or deficient services, just as you would against an offline seller.

What if the opposite party is located in a different city or state?

You can file a complaint where the opposite party resides or carries on business, or where the cause of action wholly or partly arises, or where the complainant resides or personally works for gain. This flexibility in territorial jurisdiction, as per Sec. 34(2) of the Consumer Protection Act, 2019, makes it easier for consumers to file complaints.

How long does it typically take for a consumer complaint to be resolved?

The resolution time varies significantly depending on the complexity of the case, the commission's workload, and whether the parties opt for mediation. While the Act aims for speedy disposal, some cases can take several months or even years, especially if appeals are filed.