How to File a Consumer Complaint in India Under the 2019 Act

If a product is defective or a service falls short, you can complain to a Consumer Commission under the Consumer Protection Act, 2019. Claims up to ₹50 lakh go to the District Commission, claims above ₹50 lakh and up to ₹2 crore to the State Commission, and claims above ₹2 crore to the National Commission. Complaints can be filed online through e-Daakhil.

Consumer law is one of the few areas where an ordinary person can often argue their own case. The process is designed to be simpler and cheaper than a civil suit. Here is how it works.

Who is a consumer?

A consumer is a person who buys goods or hires services for consideration, including online purchases. A person who buys goods for resale or for a commercial purpose is generally not a consumer, although buying for self-employment to earn a livelihood is protected.

What can you complain about?

• Defect in goods: a product that does not work or does not match its promised quality.
• Deficiency in service: poor or incomplete service by banks, insurers, hospitals, builders, airlines, telecom companies, courier services and others.
• Unfair trade practice: misleading advertisements, false claims, hidden charges.
• Overcharging: a price above the price fixed by law or displayed on the goods.
• Product liability: harm caused by a defective product or service.

Which commission should you approach?

Pecuniary jurisdiction depends on the value of the goods or services paid as consideration, under the Consumer Protection (Jurisdiction) Rules, 2021:

• District Commission: up to ₹50 lakh.
• State Commission: above ₹50 lakh and up to ₹2 crore.
• National Commission: above ₹2 crore.

Territorially, you can file where you live or work, not only where the seller is located. That is a major advantage of the 2019 Act.

What should you do before filing?

1. Complain to the seller first. Write to the company's customer care and keep the complaint number.
2. Send a legal notice. A short written notice giving the seller a reasonable time to fix the problem is good practice and often settles the matter.
3. Gather proof. Bills, warranty cards, screenshots, emails, photographs and bank statements.
4. Try the National Consumer Helpline. Call 1915 or use the NCH app or website. Many complaints are resolved at this stage.

How do you file a complaint on e-Daakhil?

1. Register on the e-Daakhil portal with your email and mobile number.
2. Fill in the complaint form: your details, the opposite party, the facts, the relief claimed and the amount.
3. Upload documents and an affidavit, in the formats the portal asks for.
4. Pay the fee online, if applicable. Complaints up to ₹5 lakh carry no fee under the rules notified by the Centre.
5. Track the case online and attend hearings as notified, including by video where the commission allows it.

How long do you have to file?

A complaint must ordinarily be filed within two years from the date the cause of action arose. The commission can condone delay if you show sufficient cause, so do not give up if you are slightly late, but explain the reason clearly.

What can the commission order?

• Replacement of the goods or removal of the defect.
• Refund of the price or charges paid.
• Compensation for loss or injury, including mental agony where justified.
• Discontinuing an unfair trade practice and correcting a misleading advertisement.
• Costs of the proceedings.

The Act also provides for mediation. If both sides agree, the commission can refer the dispute to a mediation cell, which can be faster than a full hearing.

Sources

• e-Daakhil: online filing of consumer complaints.
• National Consumer Helpline: pre-litigation complaints and guidance.
• India Code: the Consumer Protection Act, 2019.

Consumer law is part of the law curriculum at Mugil College of Law. Our legal aid clinic holds awareness sessions on consumer rights.