Overview
The Consumer Protection Act, 2019 provides a three-tier system of Consumer Commissions at district, state and national level. A consumer can seek a remedy for defective goods, deficiency in service, unfair or restrictive trade practices and misleading advertisements, without the formality of an ordinary civil suit.
The office assists consumers with preparing the notice and complaint, framing the relief, and appearing before the Consumer Commission. It also assists with responding where a complaint has been filed against a business or service provider.
Disputes commonly brought to the office
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Defective goods
Appliances, vehicles, electronics or other goods that do not conform to what was promised, or that are defective after purchase.
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Deficiency in service
Poor or incomplete service by banks, telecom providers, contractors, coaching institutes, hospitals or other providers.
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Builder and real-estate delay
Delay in possession, deviation from the agreed specification or refusal to refund by a builder or developer.
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Insurance claim repudiation
Rejection or delayed settlement of health, vehicle, life or property insurance claims.
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Refunds and e-commerce disputes
Non-delivery, wrong product, refused returns and unfair terms in online purchases.
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Unfair trade practices
Misleading advertisements, overcharging, false claims and unfair contract terms.
How legal assistance may help
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Assessing whether you are a “consumer”
The Act has definitions and exclusions, for example for goods bought for resale or commercial purpose, which affect whether a complaint can be filed.
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Notice to the opposite party
A clear notice setting out the grievance and the relief sought often prompts a response and builds the record for the complaint.
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Drafting the complaint
Facts, documents and relief are organised in the form the Commission requires, with evidence in affidavit form.
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Choosing the forum
The correct Commission is identified from the value of the goods or services paid for, and from where the parties reside or the cause of action arose.
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Appearing and following up
Appearing at hearings, responding to the other side’s reply and pursuing execution of orders where necessary.
General procedure before the Consumer Commission
The outline below summarises the usual steps under the Consumer Protection Act, 2019. Limits, fees and procedure are revised from time to time, so current rules must be checked before filing.
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Step 1: Collect documents
Bills, invoices, warranty cards, agreements, receipts, emails and photographs form the core of a complaint.
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Step 2: Send a notice (recommended)
A written notice to the seller or service provider records the grievance and gives them an opportunity to resolve it.
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Step 3: Choose the Commission
Under the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021, the District Commission hears complaints where the consideration paid is up to ₹50 lakh, the State Commission above ₹50 lakh up to ₹2 crore, and the National Commission above ₹2 crore.
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Step 4: File the complaint
The complaint is filed within two years of the cause of action (Section 69), on payment of the prescribed fee, and may be filed online or in person. A complaint may be filed where the complainant resides or works, or where the opposite party is located.
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Step 5: Notice, reply and evidence
The Commission issues notice, the opposite party files its version, and both sides file evidence by affidavit. Mediation may be offered.
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Step 6: Order and enforcement
The Commission may direct replacement, repair, refund, compensation or discontinuance of a practice. Orders can be enforced and appealed within the prescribed periods.
Documents that are usually useful
- Invoice, bill, receipt or proof of payment
- Warranty card, brochure, advertisement or agreement
- Emails, messages, complaint numbers and call details
- Photographs or reports establishing the defect or deficiency
- Earlier notices or replies exchanged with the opposite party
Please do not upload or send confidential documents through the website. Documents are reviewed at a consultation.
Frequently asked questions
Yes. A complaint is generally to be filed within two years from the date on which the cause of action arose. A delayed complaint may be entertained only where the Commission is satisfied that there was sufficient cause for the delay.
It is not mandatory; consumers can appear in person. Many complainants nevertheless prefer assistance with drafting and procedure.
The forum depends mainly on the value of the goods or services paid for, as set out in the 2021 Jurisdiction Rules, and on the location of the parties or the cause of action. Confirm current limits before filing.
The Commission can award compensation and costs in appropriate cases in addition to refund or replacement. Whether and how much is a matter for the Commission on the facts proved.