Filing a Consumer Complaint in India: Steps & Legal Rights

Introduction

With the rise of e-commerce, online shopping, and service-based industries, consumer disputes have become increasingly common in India. Consumers often face issues such as defective products, misleading advertisements, poor-quality services, unfair trade practices, and delay in delivery. Fortunately, Indian law provides a strong framework to protect consumer rights and enables consumers to seek legal remedies through the Consumer Protection Act, 2019. This article outlines the step-by-step process of filing a consumer complaint in India and explains the legal rights of consumers.

Who Can File a Consumer Complaint?

Under the Consumer Protection Act, 2019, a consumer is defined as any person who buys goods or avails services for personal use, and not for resale or commercial purposes. The following parties can file a consumer complaint:

• An individual consumer
• A group of consumers with a common interest
• A registered consumer association
• The Central or State Government
• Legal heirs or representatives of a deceased consumer

Steps to File a Consumer Complaint in India

Step 1: Identify the Deficiency and Attempt Resolution

Before taking legal action, a consumer should try to resolve the issue with the seller or service provider. Many companies have grievance redressal mechanisms, and often, complaints are resolved at this stage.

Step 2: Send a Legal Notice to the Opposite Party

If the issue is not resolved, the consumer must send a formal legal notice to the seller/service provider. This notice should:

• Clearly state the issue and the deficiency in goods or services.
• Mention the relief sought (replacement, refund, compensation, etc.).
• Give a reasonable time (usually 15-30 days) to resolve the issue.

A legal notice serves as an official warning and may encourage the company to settle the matter out of court.

Step 3: Draft a Consumer Complaint

If the opposite party fails to respond to the legal notice, the next step is to file a consumer complaint. The complaint should include:

• Details of the complainant (name, address, contact information).
• Details of the opposite party (name, company details, contact information).
• Description of the transaction (date, place, nature of purchase/service).
• Grievance details (what went wrong, deficiency, unfair trade practice, etc.).
• Relief sought (refund, compensation, replacement, etc.).
• Supporting documents (bills, warranty cards, receipts, photographs, email correspondence, legal notice, etc.).

The complaint must be signed by the complainant and supported with an affidavit.

Step 4: File the Complaint in the Appropriate Consumer Forum

Consumer complaints are filed in Consumer Disputes Redressal Commissions (earlier known as Consumer Forums) based on the claim amount:

1. District Consumer Disputes Redressal Commission (DCDRC) – for cases involving up to ₹50 lakhs.
2. State Consumer Disputes Redressal Commission (SCDRC) – for cases involving ₹50 lakhs to ₹2 crores.
3. National Consumer Disputes Redressal Commission (NCDRC) – for cases above ₹2 crores.

Consumers can now file complaints online on the E-Daakhil Portal (https://edaakhil.nic.in/) or submit them physically in the respective consumer forum.

Step 5: Payment of Court Fees

A nominal fee must be paid to file the complaint, based on the claim amount. The fee can be paid through a demand draft or online.

Step 6: Attend the Hearing

Once the complaint is accepted, the consumer forum issues a notice to the opposite party and schedules a hearing. Both parties present their arguments, and evidence is examined.

Step 7: Obtain the Order and Seek Execution

If the forum rules in favor of the consumer, it issues an order directing the opposite party to provide compensation, refund, or rectify the deficiency. If the order is not followed, the consumer can approach the same forum for execution of the order.

Legal Rights of Consumers in India

The Consumer Protection Act, 2019 provides various rights to consumers:

1. Right to Safety – Protection from hazardous goods and services.
2. Right to Information – Accurate details about goods and services.
3. Right to Choose – Freedom to select from a variety of products/services.
4. Right to be Heard – Grievances must be addressed properly.
5. Right to Redressal – Compensation or remedy for unfair trade practices.
6. Right to Consumer Education – Awareness of consumer rights.
7. Right to Seek Compensation – Compensation for damages due to defective products or services.

Common Consumer Disputes and Remedies

Conclusion

Consumer rights are fundamental to ensuring fair trade and protecting buyers from exploitation. The Consumer Protection Act, 2019 provides an efficient and accessible mechanism for resolving disputes. With digital platforms like the E-Daakhil Portal, consumers can now file complaints more easily. However, it is always advisable to maintain proper documentation, seek legal guidance when required, and use consumer forums effectively to secure justice.

About the Author

Advocate Ayush S. Jain is a practicing lawyer at the High Court of Gujarat and District & Sessions Courts of Ahmedabad and Gandhinagar. He specializes in civil, commercial, and consumer litigation, along with matters related to NCLT, DRT, and Intellectual Property Law. With a strong commitment to client advocacy and justice, Ayush provides strategic legal solutions tailored to consumer rights and dispute resolution. If you need legal assistance feel free to reach out at [email protected] or +91 7440772911