Key points
- District Commission for claims up to 50 lakh rupees, State Commission up to 2 crore, National Commission above 2 crore, based on the value of goods or services paid, not the compensation claimed.
- File within two years of the cause of action; the complaint can be filed where you live or work, not only where the seller is.
- Relief includes refund, replacement, repair, compensation for loss and mental agony, litigation costs and punitive damages.
Step by step
- Send a notice
Write to the seller or service provider setting out the defect or deficiency and the remedy you want, with a reasonable time to respond. Not mandatory, but it strengthens the complaint. - Identify the Commission
By the value of consideration paid: up to 50 lakh rupees to the District Commission in your district; above that to the State Commission; above 2 crore to the National Commission in Delhi. - Prepare the complaint
State the facts, the defect or deficiency, the loss suffered and the relief sought, with an affidavit and annexures: invoice, warranty, correspondence, photographs, expert reports. Include a memo of parties and an application for condonation if late. - File on e-Daakhil
Upload the complaint and pay the fee online (nil for claims up to 5 lakh rupees, then slabs up to 7,500 rupees before the National Commission). - Admission and reply
The Commission admits the complaint and issues notice; the opposite party files a written version within 30 days, extendable by 15. The Commission may refer the parties to mediation. - Evidence and hearing
Evidence is by affidavit; the Commission may permit cross-examination on specific points. Arguments follow and the order is passed, ideally within three to five months, though Delhi commissions often take longer. - Appeal and execution
Appeal within 45 days to the next tier, with a deposit of 50% of the amount ordered. Execution is under Section 71 as a decree, with penalties for non-compliance under Section 72.
Who is a consumer
A person who buys goods or hires services for consideration, including online, but not for resale or a commercial purpose. Self-employed persons using goods to earn a livelihood remain consumers. Insurance policyholders, homebuyers, patients and bank customers are consumers.
Product liability
The 2019 Act added product liability actions against manufacturers, sellers and service providers for harm caused by defective products, and an unfair contract jurisdiction for one-sided terms.
Frequently asked questions
Do I need a lawyer?
No. Consumers can appear in person or through an authorised representative. Legal help is useful in higher-value or contested matters.
Can a company file a consumer complaint?
Only if the goods or services were not obtained for a commercial purpose. A company buying an air conditioner for its office has been held a consumer; one buying machinery for production has not.
Related practice area: Consumer Disputes
This article is for general information and does not constitute legal advice. Laws, rules and limitation periods change and depend on the facts; please take advice on your own situation before acting. Reading this article does not create a lawyer-client relationship with Akhtars Legalitarian.