How to File a Complaint Under India’s Consumer Protection Act?

Consumer Protection Act India refers to the primary legislation in India that safeguards the interests of consumers against unfair trade practices, defective products, and deficient services. Enacted initially in 1986 and later replaced by the 2019 Act, it provides mechanisms for quick and affordable resolution of consumer disputes through District, State, and National Commissions. The Act also recognizes important consumer rights—such as the right to safety, information, and grievance redressal—and imposes penalties for deceptive advertisements, unfair trade practices, and product liability. Through this legislation, consumers in India can seek legal remedies and uphold their rights effectively.

Table of Contents

1. Introduction
2. Rights of the Consumers
3. Who is a Consumer?
4. Who Can File a Complaint?
5. What Complaints Can be Filed?
6. How to File an Application under Consumer Protection?
7. E-Filing a Consumer Complaint in India
8. Consumer Protection Council
9. Consumer Disputes Redressal Machinery

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1. Introduction

Consumer Protection Act can be considered as a civil court for common man. The Act is intended to provide consumers with a low-cost, fast and easy solution. Basically, the Sale of Goods Act is based on the idea of ‘caveat emptor,’ which means buyer must exercise caution before purchasing any goods. This was true a century ago when both the buyer and seller were in the same league. However as organised manufacturing activity expanded, sellers grew larger and became more organised, while customers became unorganised and weak despite their numerical growth. As such a buyer can easily be deceived in today’s marketing environment. It is now well understood that the average consumer is neither aware nor informed. He requires support as well as protection from unscrupulous sellers. The average consumer is not in a position to claim in civil court after being tricked. With passing time, it is realised that resolving genuine consumer complaints in a timely, cost-effective, and efficient manner was important.

Emphasising the importance of consumer safety around the world, the United Nations issued consumer protection guidelines on April 9, 1985. All countries were expected to enact appropriate legislation. As a result, in India the first ‘Consumer Protection Act’ was enacted in 1986 with this perspective in mind.

Caveat emptor means let the buyer beware.

Salient features of the Consumer Protection Act, 1986 –

1. The Act aimed at providing an all-round protection to consumer.
2. It applied to all the goods and services unless otherwise notified by the Central Government.
3. It provided the establishment of three tier consumer redressal machinery at the District Level, State level and the National level to deal with consumer grievances.
4. It gave recognition to the six rights of consumers and also provides effective safeguard to consumer against different types of exploitation such as unfair trade practice.
5. It recognised the essential rights of the consumers.

On the 6th of August, 2019, the Parliament of India passed the Consumer Protection Bill, 2019 replacing the Consumer Protection Act, 1986. On 9th August, 2019, the Hon’ble President of India gave assent to the Consumer Protection Act, 2019. The purpose of the 2019 Act is to provide timely and effective administration and resolution of consumer disputes and related matters.

Instead of amending the 1986 Act, the government enacted a new Act to provide greater consumer protection, considering the booming e-commerce industry and modern methods of providing goods and services such as online sales, teleshopping, direct selling, and multi-level marketing, along with the traditional methods.

The Consumer Protection Act of 1986 could not effectively deal with the fast-paced changes in the consumer market for products and services in the era of e-commerce. The Act of 2019 also establishes a Central Consumer Protection Authority and introduces product liability action against unscrupulous producers and sellers for defect and inadequacy, among other things.

The Act, inter alia, provided for the establishment of a Central Consumer Protection Authority (the CCPA) to promote, protect, and enforce consumer rights as a group. The CCPA would intervene to protect consumers from the damages caused by unfair trade practises. The agency can also bring a class action lawsuit, which might include product recalls, refunds, and returns.

The new Act also calls for a simpler dispute resolution process. It includes provisions for mediation and electronic filing of cases. This is the first legislation exclusively dealing with ‘product liability’. A manufacturer, product service provider, or product seller will now be held liable for harm or damage caused by a defect in product or deficiency in service.

The Consumer Protection Act, 2019 also provides for the following additional provisions –

1. E-commerce Transactions – The scope of the definition of ‘Consumer’ has been widened. In addition to the definition in the 1986 Act, the expression “buys any goods” and “hires or avails any services” now includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing.
2. The Central Consumer Protection Authority (The CCPA) – Section 10 of the Act mandates establishment of the Central Consumer Protection Authority (the CCPA) as a regulatory body which will regulate matters relating to violation of rights of consumers, unfair trade practices, and false or misleading advertisements which are prejudicial to the interest of the public and consumers and to promote, protect and enforce the rights of consumers as a class.
3. Product Liability – A new concept of product liability has been introduced in the 2019 Act. It applies to every claim for compensation under a product liability action by a complainant for any harm caused by a defective product manufacturer or services provided by service provider or sold by a product seller.
4. Punishment for Misleading Advertisement – The new Act prescribes harsh punishment for tackling the menace of misleading advertisements.
5. Change in Pecuniary Jurisdiction – The Consumer Protection Act, 2019 has brought changes in the pecuniary jurisdiction of the Consumer Redressal Machinery.
6. Provision for Alternate Dispute Resolution – The Consumer Protection Act, 2019 has introduced mediation as a mode of alternate dispute resolution which helps in saving time and resources of both the parties.

2. Rights of the Consumers

The primary goal of the Act (as stated in the preamble to the Act) is to provide for protection of the interests of the consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers’ disputes and for matters connected therewith or incidental thereto. Consumer Councils and other agencies are in place to help customers resolve their disputes and other issues. The Consumer Protection Act also bestows rights on consumers which are as follows –

• Right to safety – Consumers have a right to be protected against goods and services that are hazardous to their lives, health, or property. Electrical appliances, for example, that are made from poor quality materials or do not meet safety standards may cause serious injury. As a result, consumers are now being educated on the need of using ISI-marked electrical equipment, which ensures that the products meet or satisfy the requisite standard of quality.
• Right to be informed – The consumer has the right to get complete information about the product he plans to purchase, including ingredients, manufacturing date, price, quantity, and usage instructions, among other things. It is for this reason that India’s legal framework mandates manufacturers to include such information on the product’s package and label of the product.
• Right to be assured – The consumer has the opportunity to choose from a wide range of products at reasonable rates. This means that marketers should offer a wide range of products in terms of quality, brand, price, size, and other factors, and allow customers to choose from them.
• Right to be heard – In the event of dissatisfaction with a product or service, the consumer has the right to make a complaint and be heard. As a result, many businesses have established their own customer care, consumer service and grievance handling departments. Many consumer organisations are also working in this direction, assisting customers in resolving their complaints.
• Right to seek redressal – In case of a product or service fails to meet the consumer’s expectations, the consumer has the right to get relief against unfair trade practises, restrictive trade practises, or unscrupulous exploitation.
• Right to Consumer awareness – Consumers have a right to be educated and be well-informed. In the event of a product or service does not meet his expectations, he should be aware of his rights and the remedies available to him. Educating consumers is a priority for many consumer organisations and corporations.

3. Who is a Consumer?

Consumer simply means a person who uses or consumes goods or avails any service. Under the Consumer Protection Act, “Consumer” means any person who –

• buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
• hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such services for any commercial purpose.

The above definition covers all transactions through all modes including offline, and online through electronic means, teleshopping, multi-level marketing or direct selling. It is also worth mentioning here that consumer does not include a person who obtains goods or services for commercial purposes.

4. Who Can File a Complaint?

The following persons can file a complaint under the Consumer Protection Act –

• a consumer,
• any recognised voluntary consumer association whether the consumer is a member of that association or not;
• the Central or any State Government; and
• one or more consumers where there are numerous consumers having same interest.
• Legal heir or representative in case of death of a consumer.
• The Central Consumer Protection Authority.

5. What Complaints Can be Filed?

A consumer can file a complaint if he faces any one or more following situations –

• Any unfair or restrictive trade practice adopted by the service provider.
• When goods bought by the consumer suffers from one or more defects.
• When services are hired or availed of, or agreed to be hired or availed of suffer from deficiency in any form.
• When price is charged in excess of the price –

1. 1. displayed on the package of goods,
   2. fixed by any law for the time being,
   3. displayed in the price list.

A complaint can be lodged against service provider if –

• There is a deficiency in service, or
• When the service provider charges higher prices; or
• Where the service provider provides hazardous services; or
• Where the service provider follows unfair or restrictive trade practice.

5.1 Filing of complaint

The new Act provides flexibility to the consumer in filing complaints with appropriate Commissions. E-complaints have been introduced. Now consumers can file complaints electronically even from their homes and the hearing can also be done through video conferencing.

Some important definitions of terms used under the Consumer Protection Act, 2019 are –

• Complaint – Any allegation in writing made by the complainant for obtaining relief with respect to restrictive trade practice, defect in goods or deficiency in services provided, overcharging of price or offer of goods or service injurious to life and safety.
• Spurious goods – Goods that are falsely claimed to be genuine.
• Restrictive trade practice – A trade practice which manipulates price or affects the flow of supplies in the market relating to goods and services in such a manner that an unjustified cost is imposed on the consumer.
• Defect – Any fault, imperfection, shortcoming or inadequacy in quality, nature and manner of performance in relation to goods or a product.
• Injury – Any harm illegally caused to any person in body, mind or property.
• Product – Any article or goods or substance or raw material or any such product either in gaseous, liquid or solid state possessing intrinsic value capable of delivery either as assembled or a component produced or manufactured to trade. It does not include human tissues, blood, blood products and organs.
• Consumer Dispute means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint.
• Goods mean every kind of movable property and includes food.
• Service means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, finance, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information. The meaning of service does not include rendering of any service free of charge or under a contract of personal service.
• Deficiency means any fault, imperfection, shortcoming in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person to be pursuance of a contract or otherwise in relation to any service and includes –

1. 1. Any act of negligence or omission or commission by such person which causes loss or injury to the consumer, and
   2. Deliberate withholding of relevant information by such person to the consumer.

6. How to File an Application under Consumer Protection?

The process for filing a consumer protection complaint can vary depending on the specific circumstances and the value of an aggrieved consumer’s claim. In general, following steps are to be followed in connection with filing an application under Consumer Protection in India –

• Determining the Jurisdiction

1. 1. One can file a complaint with the District Consumer Commission if the value of his claim is up to 50 Lakh.
   2. For claims between 50 Lakh and 2 crore, the State Consumer Disputes Redressal Commission is the appropriate forum.
   3. The National Consumer Disputes Redressal Commission handles claims exceeding 2 crore.

• Preparing the Complaint

1. 1. The complaint should be clear, concise, and factually accurate.
   2. Details like the date of the incident, the parties involved, a description of the issue, and the relief sought (refund, compensation, etc.) are to be clearly mentioned.
   3. Copies of supporting documents like bills, receipts, communication records, etc. are to
      be attached.

• Filing Options

1. 1. One can file the complaint physically at the designated forum’s registry.
   2. Many states offer online filing options through portals like eDaakhil.

• Fee and Procedure

1. 1. There is a nominal fee associated with filing the complaint, typically paid by Demand Draft.
   2. The specific filing procedure may differ slightly depending on the commission. Refer to the relevant commission’s website for detailed instructions.

One of the helpful resources for further information –

• Consumer Commission E-Filing Application – [National Consumer Helpline]

Additional Tips

• It is recommended to consult a lawyer specializing in consumer protection for complex
  cases.
• The complaint should be filled within the limitation period ie. 2 years from the cause of action.

7. E-Filing a Consumer Complaint in India

The Indian government offers an e-filing portal called eDaakhil for submitting consumer complaints to consumer commissions. The process of E-filing a consumer complaint in India is discussed below.

7.1 Registration

For registration of a complaint an aggrieved consumer has to –

1. Visit the eDaakhil portal – [e daakhil consumer ON National Informatics Centre edaakhil. nic.in]
2. Click on “Registration“.
3. Fill out the registration form with his details and choose his preferred language (English or Hindi).
4. Upload a scanned copy of his ID proof (voter ID, PAN card, etc.).
5. Verify his account using the OTP sent to his mobile number.

7.2 Filing the Complaint

For filling complaint a consumer has to –

1. Login to his eDaakhil account.
2. Click on “File Complaint“.
3. Select the state where the opposite party is located.
4. Choose the appropriate Commission based on the value of his claim.
5. Enter details about yourself (complainant) and the opposite party (seller, service provider, etc.).
6. Describe his complaint clearly, mentioning the product/service, date of purchase/service availed, nature of the problem, and relief sought (refund, repair, etc.).
7. Upload scanned copies of supporting documents (bills, invoices, communication records, etc.).
8. Review his complaint and submit it after ensuring accuracy of all information.

7.3 Fees and Payment

• A nominal fee is applicable for filing the complaint online. One can find the fee structure on the eDaakhil website.
• The portal accepts online payments through various methods.

7.4 Post-submission

• Consumer will receive a confirmation email with a unique complaint number.
• He has to track the progress of the case by logging into his eDaakhil account.

7.5 Additional Resources

• eDaakhil User Manuals and Tutorials – [e daakhil consumer court on National Informatics Centre eDaakhil.nic.in]
• National Consumer Helpline – [National Consumer Helpline on Government of India consumerhelpline.gov.in]

Note – While this provides a general overview, it is recommended to consult the eDaakhil user manuals or contact their helpdesk for any specific questions or clarifications during the e-filing process.

8. Consumer Protection Council

Consumer Protection in India took the centre stage with the enactment of the Consumer Protection Act, 1986. Consumer Protection Act was a landmark legislation that formed a baseline for the development of consumer protection councils from district to national level. These councils have been retained in the new Act to safeguard customers against unfair or misleading business practices such as selling low quality goods, fake advertisements and overexploitation.

Consumer Protection Council comprises –

1. The Central Consumer Protection Council
2. The State Consumer Protection Council
3. The District Consumer Protection Council

8.1 The Central Consumer Protection Council

The Central Government may establish the Central Consumer Protection Council to be known as the ‘Central Council’. The Central Council shall be an advisory council and consist of the following members, namely –

• the Minister-in-charge of the Department of Consumer Affairs in the Central Government, who shall be the Chairperson; and
• such number of other official or non-official members representing such interests as may be prescribed,

The object of the Central Council is to render advice on promotion and protection of consumers’ rights under the Act.

8.2 The State Consumer Protection Council

Every State Government may establish a State Consumer Protection Council for such state, which is to be known as ‘State Council’. It consists of the following members –

• The Minister-in-charge of Consumer Affairs in the State Government who shall be the Chairperson; and
• such number of other official or non-official members representing such interests as may be prescribed;
• such number of other official or non-official members, not exceeding ten, as may be nominated by the Central Government.

8.3 The District Consumer Protection Council

The State Government may establish for every District a District Consumer Protection Council to be known as the ‘District Council’. It consists of the following members namely –

• the Collector of the district (by whatever name called), who shall be the Chairperson; and
• such number of other official and non-official members representing such interests as may be prescribed.

8.4 The Central Consumer Protection Authority (The CCPA)

The Central government shall establish the Central Consumer Protection Authority to be known as the ‘Central Authority’ to regulate matters relating violation of consumer rights, unfair trade practices and false or misleading matters which are prejudicial to the interest of public and consumer as a class. It is an advisory council and consist of a Chief Commissioner and other commissioners as may be prescribed appointed by Central Government to exercise powers and discharge functions.

The Central Authority shall have an Investigation Wing headed by a Director-General for the purpose of conducting inquiry or investigation as may be directed by the Central Authority. A complaint relating to violation of consumer rights or unfair trade practices or false or misleading advertisements which are prejudicial to the interests of consumers as a class, may be forwarded either in writing or in electronic mode, to any one of the authorities, namely, the District Collector or the Commissioner of regional office or the Central Authority.

Functions of the Central Consumer Protection Authority –

• To protect, promote and enforce the rights of Consumers as a class and prevent violation of consumers rights under the Act;
• To prevent unfair trade practices and ensure that no person engages himself in unfair trade practices;
• To ensure that no false or misleading advertisement is made of any goods or services which contravenes the provisions of this Act or the rules or regulations made thereunder.
• To inquire or cause an inquiry or investigation to be made into violations of consumer rights or unfair trade practices, either suo motu or on a complaint received or on the directions from the Central Government;
• To ensure that no person takes part in the publication of any advertisement which is false and misleading;
• To file complaints before the District Commission, the State Commission or the National Commission, as the case may be, under this Act;
• To intervene in any proceedings before the District Commission or the State Commission or the National Commission, as the case may be, in respect of any allegation of violation of consumer rights or unfair trade practices;
•  To review the matters relating to, and the factors inhibiting enjoyment of Consumer Rights, including safeguards provided for the protection of consumers under any law for the time being in force and recommend appropriate remedial measures for their effective implementation;
• To undertake and promote research in the field of Consumer Rights;
• To spread and promote awareness on consumer rights;
• To recommend adoption of international covenants and best international practices on consumer rights to ensure effective enforcement of consumer rights;
• To mandate the use of unique and universal goods identifiers in such goods, as may be necessary, to prevent unfair trade practices and to protect consumers’ interest;
• To issue safety notices to alert Consumers against dangerous or hazardous or unsafe goods or services;
• To advise the Ministries and Departments of the Central and State Governments on Consumer Welfare measures;
• To issue necessary guidelines to prevent unfair trade practices and protect Consumers’ interest.

Power of the Central Authority to recall goods etc., where the Central Authority is satisfied on the basis of investigation that there is sufficient evidence to show violation of consumer rights or unfair trade practices by a person, it may pass such order as may be necessary, including –

• recalling of goods or withdrawal of services which are dangerous, hazardous or unsafe;
• reimbursement of the prices of goods or services so recalled to purchasers of such goods or services; and
• discontinuation of practices which are unfair and prejudicial to consumers’ interest provided the Central Authority shall give the person an opportunity of being heard before passing an order.

Power of Central Authority to issue directions and impose penalties against false or misleading advertisements

• Where the Central Authority is satisfied after investigation that any advertisement is false or misleading and is prejudicial to the interest of any consumer or is in contravention of consumer rights then it may by order issue directions to the concerned trader or manufacturer or endorser or advertiser or publisher, as the case may be, to discontinue such advertisement or to modify the same in such manner and within such time as may be specified in that order.
• If the Central Authority is of the opinion that it is necessary to impose a penalty in respect of such false or misleading advertisement, by a manufacturer or an endorser, it may, by order, impose on manufacturer or endorser a penalty which may extend to 10 lakh
  rupees –
  Provided that the Central Authority may, for every subsequent contravention by a manufacturer or endorser, impose a penalty, which may extend to 50 lakh rupees.
• The Central Authority can prohibit the endorser of a false or misleading advertisement from making endorsement of any product or service for a period which may extend to one year –
  Provided that the Central Authority may for every subsequent contravention, prohibit such endorser from making endorsement in respect of any product or service for a period which may extend to 3 years.
• When the Central Authority is satisfied after investigation that any person is found to publish, or is a party to the publication of, a misleading advertisement, it may impose on such person a penalty which may extend to ten lakh rupees.
• No endorser shall be liable to a penalty if he has exercised due diligence to verify the veracity of the claims made in the advertisement regarding the product or service being endorsed by him.
• No person shall be liable to such penalty if he proves that he had published or arranged for the publication of such advertisement in the ordinary course of his business.
• While determining the penalty, regard shall be had of the following namely –

1. 1. the population and the area impacted or affected by such offence;
   2. the frequency and duration of such offence;
   3. the vulnerability of the class of persons likely to be adversely affected by such offence; and
   4. the gross revenue from the sales effected by virtue of such offence.

• The Central Authority shall give the person an opportunity of being heard before an order is passed in this respect. A person aggrieved by an order passed in this respect may file an appeal to the National Commission within a period of 30 days from the date of receipt of such order.

Whoever, fails to comply with any direction of the Central Authority under shall be punished with imprisonment for a term which may extend to 6 months or with fine which may extend to 20 lakh rupees, or with both:

Provided that no such defence shall be available to such person if he had previous knowledge of the order passed by the Central Authority for withdrawal or modification of such advertisement.

9. Consumer Disputes Redressal Machinery

For providing remedies to consumer grievances, the Consumer Protection Act has established a three-tier enforcement machinery at the District Level, State Level and the National Level which are known as the District Consumer Disputes Redressal Commission, the State Consumer Disputes Redressal Commission and the National Consumer Disputes Redressal Commission. To sum up they are referred to as the ‘District Commission’, ‘State Commission’ and ‘National Commission’ respectively.

These Commissions help in providing simple, speedy and inexpensive remedies to consumer grievances.

• National Commission
• State Commission
• District Commission

Three level hierarchy of Consumer Disputes Redressal Agencies

9.1 District Consumer Dispute Redressal Commission

The State government shall establish a District Consumer Dispute Redressal Commission to be known as District Commission

Each District Commission consists of the following members-

• a President and
• Not less than two members and not more than such members as may be prescribed in consultation with the Central Government

District Commission has the jurisdiction to entertain complaints where the value of goods or services paid as consideration does not exceed Rs. 50,000 lakh.

Any person aggrieved by an order made by the District Commission may prefer an appeal against such order to the State Commission on the grounds of facts or law within a period of 45 days from the date of the order.

9.2 State Consumer Disputes Redressal Commission

The State Government shall establish a State Consumer Disputes Redressal Commission, to be known as the State Commission, in the State. Each State Commission shall consist of –

• a President; and
• not less than four or not more than such number of members as may be prescribed in consultation with the Central Government.

State commission has the jurisdiction –

1. to entertain complaints where the value of the goods and services paid as consideration exceeds Rs. 50 lakh and upto 2 crore.
2. appeals against the orders of any District Commission within the State Any person aggrieved by an order made by the State Commission may prefer an appeal against such order to the National Commission within a period of 30 days from the date of the order.

9.3 National Consumer Disputes Redressal Commission

The Central Government shall establish a National Consumer Disputes Redressal Commission, to be known as the National Commission. It consists of-

• a President; and
• not less than four and not more than such number of members as may be prescribed.

The National Commission has the jurisdiction

1. to entertain complaints where the value of the goods or services paid as consideration exceeds rupees Rs. 2 crore.
2. appeals against the orders of any State Commission
3. appeals against the orders of the Central Authority.

Any person, aggrieved by an order made by the National Commission, may prefer an appeal against such order to the Supreme Court within a period of thirty days from the date of the order.

Pecuniary Jurisdiction

Following are the main points of difference between fixed price process & book building process –

Some additional points –

1. The time period for filing a complaint is two years from date on which cause of action
   arose.
2. If a complainant is found to have lodged a frivolous (bogus) complaint, he/she may face a penalty of up to Rs. 10,000.
3. Non-compliance with a redressal authority’s order can result in imprisonment for up to 3 years and/or a fine of up to Rs. 25000 which can extend upto Rs. 1 lakh.