Consumer Protection

What this case type involves

Jurisdiction and the right court

Key legal provisions

Provisions are quoted by section and Act. The notes paraphrase their effect; always read the current text of the statute before relying on it.

• ‘Section 2(7), Consumer Protection Act 2019’

  definition of consumer — includes online transactions and excludes purchases for resale or commercial purpose.

• ‘Section 2(11), Consumer Protection Act 2019’

  deficiency in service — any fault, imperfection, shortcoming or inadequacy in quality or manner of performance.

• ‘Section 35, Consumer Protection Act 2019’

  who may file a complaint, and electronic filing.

• ‘Section 38, Consumer Protection Act 2019’

  procedure on admission of complaint — notice, reply within 30 days (extendable by 15), evidence by affidavit.

• ‘Section 39, Consumer Protection Act 2019’

  reliefs — refund, replacement, compensation, removal of defects, discontinuance of unfair practices, punitive damages.

• ‘Section 41, Consumer Protection Act 2019’

  appeal to the State Commission within 45 days; deposit of 50 per cent of the amount ordered.

• ‘Section 51, Consumer Protection Act 2019’

  appeal to the National Commission within 30 days; deposit of 50 per cent.

• ‘Section 69, Consumer Protection Act 2019’

  limitation of two years from the date the cause of action arose, with power to condone delay for sufficient cause.

• ‘Section 72, Consumer Protection Act 2019’

  penalty for non-compliance with an order — imprisonment up to three years or fine up to ₹1 lakh, or both.

Filing procedure, step by step

1. 1Send a written complaint or legal notice to the seller or service provider and keep proof; while not mandatory, it demonstrates the deficiency and the failure to redress.
2. 2File the complaint on the e-Daakhil portal or physically before the Commission with jurisdiction, with the prescribed fee (nil for claims up to ₹5 lakh), an affidavit and all documents.
3. 3The Commission admits the complaint and issues notice; the opposite party files its reply within 30 days (plus 15 days); the parties may be referred to mediation.
4. 4Evidence is by affidavit; the Commission decides, ordinarily within three months (five months where testing of goods is needed).
5. 5Enforce the order under Section 71 as a decree of a civil court; non-compliance is punishable under Section 72.
6. 6Appeal within 45 days to the State Commission, within 30 days to the National Commission, and, where permitted, within 30 days to the Supreme Court.

Limitation periods

• Complaint: 2 years from the date the cause of action arose (Section 69); delay can be condoned with reasons recorded in writing.
• Appeal to the State Commission: 45 days (Section 41). Appeal to the National Commission: 30 days (Section 51). Appeal to the Supreme Court under Section 67: 30 days.
• Review by the Commission of its own order: 30 days (Sections 40 and 50).

Limitation is computed under the Limitation Act 1963 and the specific statute; the time taken to obtain certified copies is generally excluded. Verify the applicable period with counsel before filing.

Documents you will need

• Invoice, receipt or proof of payment; policy document or service agreement
• Complaint or legal notice sent to the opposite party and any reply
• Photographs, expert or test reports of the defect
• Correspondence, emails, call records, screenshots of the app or website
• Medical records and bills in medical negligence cases
• Affidavit in support of the complaint; authorisation if filed through an agent or association

Practical tips for litigants

• Quantify the claim carefully — the value of goods or services paid, not the compensation sought, decides which Commission hears the case.
• Attach every document at the filing stage; Commissions are reluctant to allow additional evidence later.
• Compensation must be proportionate and supported by proof of loss; inflated claims for mental agony are routinely trimmed.
• Homebuyers can choose between RERA and the Consumer Commission but should not pursue both for the same relief.

Subcategories in this area