If you paid for a product or service and received a defective product, poor service, unfair charges or no delivery, the Consumer Protection Act, 2019 lets you seek a remedy from a Consumer Disputes Redressal Commission. Many complaints can now be filed online, and you can appear yourself or through an advocate.
Who can file?
A “consumer” is a person who buys goods or hires services for consideration, including online purchases. Goods or services taken for resale or a commercial purpose are generally excluded, though use for earning a livelihood through self-employment is covered.
Common types of complaints
- Defective products or deficiency in service
- Delay or non-delivery by builders, e-commerce sellers or travel companies
- Insurance claim rejections and bank service issues
- Unfair trade practices and overcharging
Which commission? (Pecuniary limits)
Under the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021, the forum depends on the value of goods or services paid as consideration:
- District Commission: up to Rs 50 lakh
- State Commission: above Rs 50 lakh and up to Rs 2 crore
- National Commission: above Rs 2 crore
You can file where the opposite party resides or carries on business, where the cause of action arose, or where you reside or personally work for gain.
Time limit
A complaint should be filed within two years from the date the cause of action arose (Section 69). A delay can be condoned if you show sufficient cause, but it is better to file early.
Step 1: Send a written complaint or legal notice
A legal notice is not compulsory, but it helps. It gives the seller or service provider a chance to resolve the issue and shows the commission that you tried to settle first.
Step 2: File on e-Daakhil or in person
Complaints can be filed online on the e-Daakhil portal (edaakhil.nic.in) by creating an account, filling in the details, uploading documents and paying the fee online. Filing in person at the commission is also possible.
Fees
The fee depends on the value of the claim. For claims up to Rs 5 lakh, no fee is currently payable. Higher claims have a slab-wise fee.
Documents to keep ready
- Bill, invoice, receipt or booking confirmation
- Warranty card, agreement or policy document
- Emails, chats and complaint numbers with the company
- Photos or reports showing the defect
- Copy of the legal notice and its reply, if any
What can the commission order?
Depending on the case, the commission can order replacement or repair, refund, compensation for loss or harassment, removal of the deficiency, and litigation costs. Cases may also be referred to mediation.
Related reading: consumer forum matters and RERA homebuyer complaints.
If you need guidance on your specific situation, you may contact the office of Advocate Rohit Grewal at Tis Hazari Courts, Delhi, through the contact page.
Disclaimer: This article is for general information only and is not legal advice. The law and its application depend on the facts of each case. For advice on your matter, please consult an advocate.