CONSUMER COMPLAINTS
Legal Assistance for Consumer Disputes and Consumer Complaints
Consumers may have legal remedies where they have purchased defective goods, experienced deficiency in services, or suffered loss due to unfair or deceptive trade practices.
At Saral Legal Solutions, we assist consumers in understanding their rights and pursuing appropriate remedies under the Consumer Protection Act, 2019.
Our assistance includes:
- Assessment of consumer disputes
- Legal advice on consumer rights and remedies
- Drafting and filing of consumer complaints
- Representation before Consumer Disputes Redressal Commissions
- Appeals and revision proceedings
- Matters involving defective goods and deficient services
- Unfair trade practice and misleading representation matters
- Other matters arising under consumer protection law
Who is a Consumer?
Under the Consumer Protection Act, 2019, a consumer generally means a person who buys goods or hires or avails services for consideration.
However, a person who obtains goods or services for a commercial purpose is generally excluded from the definition of consumer.
An important exception applies where goods are bought and used exclusively for earning livelihood by means of self-employment. Such a person may continue to fall within the definition of a consumer. The Act also expressly recognises transactions conducted through electronic means, teleshopping, direct selling and multi-level marketing.
Whether a particular transaction falls within the definition of “consumer” depends upon the facts and circumstances of the case.
When Can a Consumer Complaint Be Filed?
A consumer complaint may arise in several situations, including:
1. Defect in Goods
A consumer may have a remedy where goods suffer from a defect, meaning a fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard required under law, contract or representation made by the trader.
2. Deficiency in Services
A complaint may also arise where there is deficiency in service.
The Act defines deficiency broadly to include a fault, imperfection, shortcoming or inadequacy in the quality, nature or manner of performance required under law, contract or otherwise. It also includes certain acts of negligence or withholding of relevant information.
3. Unfair Trade Practice
Consumer remedies may also be available where a trader or service provider engages in an unfair trade practice.
Examples may include:
- Making false or misleading representations regarding the quality, standard, quantity, grade, composition, style or model of goods or services.
- Representing old, second-hand, renovated or reconditioned goods as new.
- Making representations that are false or deceptive in relation to goods or services.
- Other unfair or deceptive practices falling within the statutory definition.
The statutory definition of unfair trade practice is wider than these examples.
Where Can a Consumer Complaint Be Filed?
The Consumer Protection Act, 2019 provides for a three-tier consumer dispute redressal mechanism:
- District Consumer Disputes Redressal Commission
- State Consumer Disputes Redressal Commission
- National Consumer Disputes Redressal Commission
Pecuniary Jurisdiction
The present pecuniary jurisdiction is prescribed by the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.
| Consumer Commission | Value of goods/services paid as consideration |
|---|---|
| District Commission | Up to ₹50 lakh |
| State Commission | More than ₹50 lakh and up to ₹2 crore |
| National Commission | More than ₹2 crore |
An important point is that the jurisdictional calculation is based on the value of goods or services paid as consideration, rather than simply the amount of compensation or relief claimed.
Filing a Consumer Complaint
A consumer complaint can be filed before the appropriate Consumer Commission in accordance with the Consumer Protection Act, 2019 and applicable procedural requirements.
The complaint should clearly set out, among other things:
- Details of the consumer and opposite party
- Facts giving rise to the dispute
- Details of the goods purchased or services availed
- Defect, deficiency or unfair trade practice complained of
- Supporting documents and evidence
- Reliefs sought
- Appropriate jurisdictional facts
Depending upon the nature of the dispute, relevant documents may include invoices, agreements, receipts, warranties, correspondence, emails, photographs, reports, payment records and communications with the trader or service provider.
Limitation for Consumer Complaints
A consumer complaint should generally be filed within two years from the date on which the cause of action arose.
Section 69 of the Consumer Protection Act, 2019 provides for this two-year limitation period. A complaint filed after this period may be entertained where the complainant establishes sufficient cause for the delay, and the Consumer Commission records reasons for condoning the delay.
The question of when the cause of action arose can depend upon the facts of the particular dispute. Therefore, consumers should obtain legal advice without unnecessary delay.
Appeals Against Consumer Commission Orders
The Consumer Protection Act, 2019 provides statutory remedies against orders passed by the Consumer Commissions.
District Commission → State Commission
An aggrieved person may appeal an order of the District Commission before the State Commission under Section 41.
The statutory period for filing the appeal is 45 days, subject to the provisions relating to condonation of delay. Where the appellant is required to pay an amount under the District Commission’s order, the Act also provides for a statutory deposit requirement.
State Commission → National Commission
Section 51 provides for appeals to the National Commission in specified circumstances.
An appeal against an order of the State Commission passed in exercise of its original complaint jurisdiction can be filed before the National Commission within the prescribed period. Section 51 also provides for a second appeal from an order passed in appeal by a State Commission where the case involves a substantial question of law.
National Commission → Supreme Court
This part of your existing page needs to be rewritten.
It is not accurate to state generally that every order passed by the National Commission in an appeal or revision can simply be challenged before the Supreme Court under Section 67.
Section 67 specifically provides an appeal to the Supreme Court against orders of the National Commission passed in exercise of the powers referred to in Section 58(1)(a)(i) or (ii).
The Supreme Court has also clarified in Ibrat Faizan v. Omaxe Buildhome Pvt. Ltd. that Section 67 does not provide a further statutory appeal to the Supreme Court against orders of the National Commission passed in its appellate jurisdiction under Section 58(1)(a)(iii).
In Universal Sompo General Insurance Co. Ltd. v. Suresh Chand Jain, the Supreme Court further explained the distinction between orders passed by the National Commission in its original jurisdiction and those passed in its appellate or revisional jurisdiction. The Court recognised the availability of constitutional remedies before the jurisdictional High Court in appropriate cases, followed by the possibility of approaching the Supreme Court under Article 136.
Our Consumer Law Services
We assist with consumer-law matters including:
- Consumer complaint drafting and filing
- Defective goods disputes
- Deficiency in service disputes
- Unfair trade practice matters
- Consumer disputes involving products and services
- Consumer disputes involving businesses and service providers
- Legal notices relating to consumer disputes
- Representation before District Consumer Commissions
- Representation before State Consumer Commissions
- Proceedings before the National Consumer Disputes Redressal Commission
- Appeals and revision proceedings
- Legal opinions concerning consumer protection matters
Need Legal Assistance With a Consumer Dispute?
If you have purchased defective goods, received deficient services, or believe that a trader or service provider has engaged in an unfair trade practice, the appropriate legal remedy will depend upon the facts, documents and jurisdiction involved.
Frequently Asked Questions About Consumer Complaints
1. What is a consumer complaint?
A consumer complaint is a complaint made under the Consumer Protection Act, 2019 concerning matters such as defects in goods, deficiency in services, unfair trade practices and other matters falling within the scope of consumer protection law.
2. What is the limitation period for filing a consumer complaint?
Generally, a consumer complaint must be filed within two years from the date on which the cause of action arose, subject to the statutory provision for condonation of delay where sufficient cause is established.
3. What is the pecuniary jurisdiction of the District Consumer Commission?
Under the 2021 Jurisdiction Rules, the District Commission has jurisdiction where the value of goods or services paid as consideration does not exceed ₹50 lakh.
4. Can a consumer complaint be filed for more than ₹50 lakh?
Yes. Under the current jurisdiction rules, complaints involving consideration exceeding ₹50 lakh but not exceeding ₹2 crore fall within the jurisdiction of the State Commission. Matters exceeding ₹2 crore fall within the jurisdiction of the National Commission, subject to the applicable statutory framework.
5. Can a business owner be a consumer?
It depends on the purpose for which the goods or services were obtained. The Act generally excludes purchases made for commercial purposes, but goods used exclusively for earning livelihood by means of self-employment fall within the statutory exception.
6. Can I appeal against a District Consumer Commission order?
Yes. Section 41 provides for an appeal against an order of the District Commission before the State Commission, subject to the statutory requirements and limitation period.
7. Can an order of the National Consumer Commission be challenged?
The remedy depends upon the nature of the order passed by the National Commission. Section 67 provides a statutory appeal to the Supreme Court in specified cases, while constitutional remedies may be available in appropriate cases against appellate or revisional orders.