How to File a Consumer Complaint in India: Forum, Fees and Time Limit

A faulty phone, a builder who delays possession, an insurer who rejects a genuine claim, or an online seller who never delivers: these are the kinds of problems for which the Consumer Protection Act, 2019 gives a quick and low-cost remedy. A complaint before a Consumer Commission is designed so that an ordinary person can file it without a lawyer, though one is often helpful. This guide explains the forum, the limits and the steps.

Who Is a Consumer?

A consumer is a person who buys goods or hires or avails of services for a consideration, including online, and uses them for personal purposes. A person who buys goods for resale or for a commercial purpose is generally not a consumer. Services include banking, insurance, telecom, housing and construction, transport and medical services, among others. Our guide to consumer complaints against banks applies this to bank customers.

What Can You Complain About?

The Act covers:

• Defective goods
• Deficiency in service
• Unfair trade practices, including misleading advertisements
• Overcharging above the marked or agreed price
• Hazardous goods or services sold without a warning
• Unfair contracts

Which Commission Should You Approach?

The forum depends on 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:

• The District Commission, for claims up to ₹50 lakh
• The State Commission, for claims above ₹50 lakh and up to ₹2 crore
• The National Commission, for claims above ₹2 crore

A complaint can generally be filed where the opposite party carries on business or where the cause of action arose, and a consumer can also file where the consumer lives or works, which helps in online and distance cases. In Chennai, the District Consumer Disputes Redressal Commissions hear most complaints.

What Is the Time Limit?

Section 69 of the Act sets a limit of two years from the date the cause of action arose, such as the date of the defect or the denial of service. A late complaint can still be admitted if the complainant satisfies the Commission that there was sufficient cause for the delay, but this is a matter of discretion, so file as early as possible.

What Does It Cost?

Fees are modest and depend on the value of the claim, set by the Consumer Protection (Consumer Commission Procedure) Regulations, 2020. For small claims the fee is nil or nominal, and it rises in slabs, with higher fees for larger claims before the State and National Commissions. Check the current fee table on the Commission's website or the portal before filing, since figures differ between sources and may be revised.

How Do You File?

A complaint can be filed in person, by post or online. Online filing has been through the e-Daakhil portal, which the government has been merging into the e-Jagriti platform, so check which portal currently applies. The usual steps are:

• Send a written complaint or legal notice to the seller or service provider, and keep proof
• Gather the bill, warranty, correspondence, photographs and any expert report
• Draft the complaint with the facts, the deficiency, the relief you want and the value of the claim
• File it with the right Commission with the fee and a copy for each opposite party
• Attend hearings or appear through an advocate or online

A prior notice is not mandatory, but it can lead to a settlement and it shows the opposite party had a chance to put things right.

What Relief Can You Get?

Under Section 39, the Commission can order the opposite party to:

• Replace the defective goods or remove the defect
• Refund the price paid
• Pay compensation for loss, injury and mental agony
• Pay the costs of the case
• Stop the unfair trade practice, and in some cases pay punitive damages
• A mediation cell attached to each Commission can also help settle the dispute by agreement

How Long Does It Take, and What About Appeals?

The Act sets targets of three months for deciding a complaint, extendable to five months where testing is needed, although actual timing varies with the load of the Commission. An appeal against a District Commission order lies to the State Commission, and from the State to the National Commission, generally within 45 days. A party who appeals against an order for payment must deposit 50 percent of the amount.

What About Builder and Property Disputes?

Delay in possession by a builder can be taken to a Consumer Commission, and also to the real estate regulator, as our guide to TNRERA complaints explains. Which forum is better depends on the relief wanted.

A well-documented complaint is often settled before the final order. Our Civil & Property Law practice advises on consumer complaints, and you can request a consultation.