This article is for educational and legal awareness purposes only. It does not constitute legal advice or solicitation. Please consult a qualified advocate for advice on specific legal matters.
Introduction
The Consumer Protection Act, 2019 (CPA 2019) replaced the Consumer Protection Act, 1986, and introduced several reforms — including e-filing through the e-Daakhil portal, provisions on product liability, regulation of e-commerce, and establishment of the Central Consumer Protection Authority (CCPA). This guide explains the procedure for filing consumer complaints, the jurisdictional framework, and the remedies available.
Who Is a “Consumer”?
Under Section 2(7) of the CPA 2019, a “consumer” is any person who:
- Buys goods for a consideration (including online, teleshopping, direct selling, and multi-level marketing transactions), or
- Hires or avails services for a consideration (including online and electronic services).
The definition includes the user of such goods or beneficiary of such services, provided the use is with the approval of the buyer.
Exclusions: A person who obtains goods or services for resale or for any commercial purpose (other than self-employment/earning a livelihood) is not a consumer under the Act.
Grounds for Filing a Complaint
A complaint may be filed on the following grounds (Section 2(6)):
- Unfair trade practice or restrictive trade practice adopted by a trader or service provider
- Defective goods — any fault, imperfection, or shortcoming in quality, quantity, potency, purity, or standard
- Deficiency in service — any fault, imperfection, shortcoming, or inadequacy in quality, nature, or manner of performance
- Excess price charged — price exceeding that fixed by law or displayed on the goods/packaging
- Goods or services that are hazardous to life and safety when used
- Misleading advertisements or unfair contracts
Jurisdiction — Which Commission to Approach?
The CPA 2019 establishes a three-tier Consumer Disputes Redressal Commission system:
| Commission | Pecuniary Jurisdiction |
|---|---|
| District Consumer Disputes Redressal Commission (District Commission) | Up to Rs. 1,00,00,000 (Rs. 1 crore) |
| State Consumer Disputes Redressal Commission (State Commission) | Above Rs. 1 crore and up to Rs. 10,00,00,000 (Rs. 10 crore) |
| National Consumer Disputes Redressal Commission (NCDRC) | Above Rs. 10 crore |
Territorial Jurisdiction (Section 34(2))
A complaint may be filed in the Commission within whose jurisdiction:
- The opposite party resides or carries on business, or
- The complainant resides or personally works for gain, or
- The cause of action (wholly or in part) arose.
Who Can File a Complaint?
Under Section 35(1), a complaint may be filed by:
- The consumer
- Any recognised consumer association (whether the consumer is a member or not)
- One or more consumers with the same interest (representative complaint)
- The Central Government or any State Government
- The Central Authority (CCPA)
- Legal heir or representative (in case of death of the consumer)
- Parent or legal guardian (in case of a minor consumer)
Step-by-Step Filing Procedure
Option 1: Online Filing via e-Daakhil Portal
The e-Daakhil portal (edaakhil.nic.in) is the official online platform for filing consumer complaints across all District, State, and National Commissions in India.
Step 1 — Register on the Portal: Visit edaakhil.nic.in. Register as a “Complainant” by providing your name, mobile number, email ID, and address. Upload a scanned copy of an identity document (Aadhaar, PAN card, voter ID, passport, or driving licence) in PDF format.
Step 2 — Login and Select “File New Case”: After registration, log in and click “File New Case.”
Step 3 — Select the Appropriate Commission: Choose District Commission, State Commission, or National Commission based on the claim value. Select the state and district.
Step 4 — Enter Complaint Details: Fill in the details of the complainant and opposite party (name, address, contact). Describe the grievance — the nature of the defect or deficiency, the date of purchase/transaction, and the relief sought.
Step 5 — Upload Supporting Documents: Upload relevant documents: invoices, bills, receipts, warranty cards, correspondence with the opposite party, photographs of defective goods, or any other evidence.
Step 6 — Pay the Court Fee: Pay the prescribed fee online through debit card, credit card, net banking, UPI, or IMPS.
Step 7 — Submit and Note the Case Number: After submission, a unique complaint/case number is generated. Use this for future tracking.
Option 2: Offline / Physical Filing
Complaints can also be filed in person at the relevant Consumer Commission, or sent by registered post. The complaint should be in writing, supported by documents and an affidavit, with the prescribed court fee.
Court Fee Structure
| Claim Value | Fee (District Commission) |
|---|---|
| Up to Rs. 5,00,000 | Nil |
| Rs. 5,00,001 to Rs. 10,00,000 | Rs. 200 |
| Rs. 10,00,001 to Rs. 20,00,000 | Rs. 400 |
| Rs. 20,00,001 to Rs. 50,00,000 | Rs. 1,000 |
| Rs. 50,00,001 to Rs. 1,00,00,000 | Rs. 2,000 |
Fees for State and National Commissions are prescribed separately and increase with the claim value.
Limitation Period
Under Section 69(1), a complaint must be filed within two years from the date on which the cause of action arose. The Commission may condone delay if the complainant shows sufficient cause (Section 69(2)).
Mediation
The CPA 2019 introduces mediation as an alternative dispute resolution mechanism (Chapter V). At the first hearing or at any subsequent stage, if the Commission considers that the matter can be settled by mediation, it may refer the matter to a Consumer Mediation Cell. Key points:
- No fee for mediation
- Settlement reached in mediation is final and binding — no appeal is permissible
- If mediation fails, the complaint proceeds for adjudication
Remedies Available
Under Section 39, the Commission may order one or more of the following reliefs:
- Removal of defect from the goods
- Replacement of the goods with new goods of similar description
- Refund of the price paid
- Payment of compensation for any loss or injury suffered
- Discontinuation of the unfair trade practice or restrictive trade practice
- Withdrawal of hazardous goods from sale
- Cease and desist order for misleading advertisements
- Issuance of corrective advertisement at the expense of the opposite party
- Adequate costs to the parties
Appeals
| Against Order Of | Appeal Lies To | Time Limit |
|---|---|---|
| District Commission | State Commission | 45 days |
| State Commission | National Commission | 30 days |
| National Commission | Supreme Court | 30 days |
Deposit requirement: The appellant must deposit 50% of the awarded amount (or Rs. 50,000, whichever is less, as prescribed) before the appeal is entertained.
Product Liability (Chapter VI)
The CPA 2019 introduces product liability provisions. A product liability action can be brought against:
- The product manufacturer — for manufacturing defects, design defects, deviation from manufacturing specifications, failure to provide adequate instructions or warnings, and non-conformity with express warranty.
- The product service provider — for faulty, imperfect, or deficient services, acts of omission, and failure to warn.
- The product seller — for exercising substantial control over the design/manufacture, altering/modifying the product, and failure to exercise reasonable care.
Misleading Advertisements (Section 21)
The CCPA may take action against false or misleading advertisements. Endorsers (including celebrity endorsers) may also be held liable if they make a representation about a product without adequate basis or knowledge. Upon first contravention, an endorser may be penalised and prohibited from endorsing for up to one year; upon subsequent contravention, up to three years.
Useful Resources
- e-Daakhil Portal — File Consumer Complaints Online
- National Consumer Helpline
- Consumer Protection Act, 2019 — India Code
- Department of Consumer Affairs
Disclaimer: The information provided on this website is for general legal awareness and educational purposes only. It does not constitute legal advice, advertisement, or solicitation. No reader should act or refrain from acting based on this information without seeking professional legal counsel. Advocate Akhil Singh and this website are not liable for any actions taken based on the content provided herein.