Author: Shreya Prajapati

Introduction 

Consumer protection is all about ensuring fairness and accountability in business.  Consumers in a rapidly growing economy like India frequently encounter problems  regarding faulty goods, substandard services, or unfair trade practices. The Consumer  Protection Act, 2019 was made to protect such interests by allowing consumers to  immediately and effectively get redressed. It reflects a shift from a seller-biased regime  towards a consumer-oriented system, reiterating the message that all economic justice  hinges on consumer welfare. 

The Act not only offers remedies but also encourages awareness and ethical business  practices. By simplified procedures such as e-filing, mediation, and dedicated Consumer  Commissions at different levels, it makes justice accessible and time-bound. This article  is not only an academic piece but also a practical guide explaining how to lodge a  consumer complaint in India while bringing out salient legal provisions and judicial  interpretations that reinforce consumer rights. 

Evolution of Consumer Protection in India 

Consumer protection in India has evolved from the age-old doctrine of caveat emptor,  that is, “let the buyer beware,” to a strong rights-oriented paradigm with consumer well being as its primary concern. The burden was initially on the buyers to ensure quality and  fairness of products, but with increased industrialization and sophisticated market  transactions, legislation was needed to protect consumers. This resulted in the passage of  the Consumer Protection Act, 1986, which for the first time created a three-tier redressal  mechanism—District, State, and National Commissions—to deliver affordable justice. 

Realizing the evolving nature of trade, the law was overhauled fully by the Consumer  Protection Act, 2019. This legislation deals with contemporary issues like the regulation  of e-commerce, false advertisements, unfair contracts, and product liability. It also  enforced mediation as a third party dispute resolution method and enhanced penalties for  false practices. The 2019 Act therefore heralds a proactive approach towards consumer  protection, guaranteeing efficiency, transparency, and accountability in resolving  disputes. 

Consumer Protection Act, 2019 Objectives

1. Safety from Defective Goods and Services: 

The Act provides consumers protection against faulty products, poor goods, and poor  services. It makes the manufacturer and service provider liable for the quality and safety  of their product or service. 

2. Efficient Grievance Redressal System: 

One of the salient features is to set up District, State, and National Commissions for the  expeditious and effective redressal of consumer grievances. It makes sure that disputes  are settled without undue delay or cost. 

3. Promotion of Consumer Awareness: 

The Act emphasizes making consumers aware of their rights, duties, and accessible legal  recourse. Greater awareness enables them to make informed buying decisions and avert  exploitation. 

4. Encouragement of Fair Trade Practices: 

It seeks to discourage unfair, deceptive, and unethical trade practices, thus encouraging  honesty and transparency in commerce and trade. 

5. Accessible and Affordable Justice: 

The law also works towards simplifying justice, making it affordable, and accessible to  all consumers so that economic or social constraints do not deny people the right to  obtain redressal. 

4. Who is a Consumer under the Act 

Section 2(7) of the Consumer Protection Act, 2019, provides the definition of a consumer  as any individual who purchases goods or obtains services for a legal consideration,  whether paid, partially paid, or promised. Such definition also covers the users or  beneficiaries of such goods and services when such utilization is with the consent of the  buyer. The Act excludes individuals who acquire goods or services for commercial  purposes or resale, and it concentrates on safeguarding end-users as well as household  consumers. 

This distinction protects genuine consumers—those buying goods and services for their  own use—from exploitation by vendors and service providers. It acknowledges that  typical consumers are usually not powerful in bargaining and may not know much about  technology, hence vulnerable in the market. The expansive and broad definition under the 

2019 Act enhances consumer protection by giving protection to e-commerce purchasers  and digital service customers as well, in line with the nature of a contemporary and  technologically driven economy. 

Consumer Rights and Responsibilities 

The Consumer Protection Act, 2019, identifies six basic consumer rights—right to safety,  information, choice, to be heard, redress, and consumer education. These rights guarantee  that consumers are safeguarded against dangerous commodities, deceptive  advertisements, and unfair trade practices. These rights also enable consumers to make  informed choices, express their grievances, and seek accountability from producers and  service providers. All these rights collectively ensure transparency and fairness in trade,  and thus greater trust in the market. 

In addition to rights, the Act also focuses on some responsibilities that consumers have to  maintain. Consumers are to be made accountable for responsible use of products,  compliance with safety guidelines, and the preservation of bills or proof of purchase for  future claims. Consumers must also report legitimate complaints to the relevant consumer  forum and refrain from abuse of legal redress. Through these rights and responsibilities,  the Act aims to foster an educated and moral consumer community that helps ensure a  responsible market system. 

Goods and Services Protected under the Act 

The Consumer Protection Act, 2019, provides protection to nearly all kinds of goods and  services, whether offline or online. It covers industries like banking, insurance, transport,  telecom, health, housing, and e-commerce so that its applicability is extensive. Its  protection doesn’t extend to services provided free or covered under personal service  agreements—such as those of employees and employers. This extensive coverage is  meant to provide protection to consumers against unfairness and inadequacies in both  conventional and contemporary ways of trade and service provision. 

Reason for Filing Consumer Complaint 

A consumer complaint under the Consumer Protection Act, 2019, may be made on  various grounds signifying infringement of consumer rights. These include selling  products that are defective, short delivery of services, charging excessive prices,  misleading advertisements, and indulgence in deceptive or restrictive trade practices. 

Consumers may also approach the forum in the case of hazardous goods or deceptive  product claims. The complaint must specifically state the nature of grievance, relief  sought, and be accompanied by documents like bills, warranty cards, and written  correspondence. This ensures that complaints are validated and suitably addressed by the  relevant consumer forum. 

Jurisdiction of Consumer Commissions 

The Act establishes a three-tier system: District, State, and National Consumer Disputes  Redressal Commissions. 

• District Commission: For claims worth up to ₹50 lakh. 

• State Commission: For claims between ₹50 lakh and ₹2 crore. 

• National Commission: For complaints that are over ₹2 crore. Jurisdiction may also be  based on the residence of the opposite party or where the cause of action has arisen. 

Step-by-Step Procedure to File a Consumer Complaint 

Step 1: Determine the correct consumer commission depending on the value of goods or  services. 

Step 2: Prepare a detailed complaint setting out parties, facts, and relief claimed. 

Step 3: Append supporting documents like invoices, communication records, and  payment proof. 

Step 4: Make the stipulated fee and file the complaint physically or online. Step 5: Attend hearings and reply to notices as instructed by the forum. 

Online Filing through the E-Daakhil Portal 

The Government of India launched the E-Daakhil Portal (https://edaakhil.nic.in) as an  online platform to streamline the process of filing consumer complaints. The consumers  can easily register their complaints, attach the documents, pay the fees online, and track  their case anywhere in the nation through this portal. It facilitates instant communication  between consumer commissions and complainants and minimizes the number of physical  visits needed. With the combination of technology and justice delivery, the portal 

increases transparency, saves time, and makes the consumer redressal a hassle-free and  transparent process. This drive is a testament to the government’s belief in the Digital  India movement and its efforts to enhance e-governance in consumer protection. 

Format and Drafting of a Consumer Complaint 

The complaint must be well drafted, factual, brief, and supported by evidence. The  following format may be followed: 

1.Title: Before the District/State/National Consumer Disputes Redressal Commission. 2. Complainant’s Details: Name, address, and contact details. 

3. Opposite Party Details: Name and address of opposite party company or service  provider. 

4. Facts of the Case: Chronological sequence of events. 

5. Cause of Action: Identify the deficiency or unfair practice. 

6. Relief Sought: Replacement, refund, compensation, or punitive damages. 7. Verification: Signature and affirmation that the facts are true to knowledge. 

Fee Structure and Limitation Period 

The Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020  prescribe a nominal fee for filing complaints, which varies depending on the total value  of goods, services, or compensation claimed. The charge may be made offline or online  through the E-Daakhil portal, which provides ease of access to consumers from different  regions. Furthermore, the Act requires that a complaint be lodged within two years from  the date of the accrual of the cause of action. But if there is a reasonable cause for the  delay—illness, unawareness, or procedural complications—the Commission can pardon  it, provided the complainant supplies a reasonable explanation. This balanced policy  ensures both speedy justice and elasticity for deserving cases.

Reliefs Available to Consumers 

Consumer commissions, under Section 39 of the Consumer Protection Act, 2019, have  far-reaching powers to issue reliefs that make consumer transactions just and fair. Based  on the nature of complaint, the forum can direct repair or replacement of the deficient  goods, refund of the paid price, or compensation for loss or injury caused due to  negligence or deficiency in service. These remedies seek to put the consumer back into  the position they would have been in if the unfair or defective transaction had not taken  place. 

The Act also gives the power to the Commission to direct the withdrawal of deceptive  advertisements and to impose penalties on the manufacturers or advertisers who are  guilty of deceiving the public. In extreme instances of willful misconduct or gross  negligence, the forum shall also grant punitive damages to deter such in the future.  Through the full range of remedies, Section 39 provides, consumer rights are not just  safeguarded but also strongly enforced, promoting increased confidence and  responsibility in the marketplace. 

Mechanism for Appeal and Revision 

The Consumer Protection Act, 2019 provides a well-established appellate framework to  facilitate that consumers and opposite parties get access to higher judicial review in the  event of dissatisfaction with the order of lower forum. According to the Act, an appeal  against the order of a District Commission can be made before the State Commission  within 45 days from the date of the order. Likewise, orders of the State Commission can  be appealed before the National Commission, and decisions of the National Commission  can be challenged before the Supreme Court. The appellate forums have the mandate to  affirm, vary or set aside the judgments of the lower forums so that justice is dispensed in  conformity with law and justice. 

In addition to the appeal mechanism, the Act also makes provision for revision  jurisdiction whereby the National Commission is able to scrutinize the records of any  case determined by the State Commission to ascertain that no jurisdictional mistake or  material irregularity has been committed. This supervisory role is essential in ensuring  consistency and accountability in consumer adjudication. The system of appeal and  review on multiple tiers thereby guarantees procedural justice, averts miscarriage of  justice, and strengthens public trust in the consumer redressal system. 

Landmark Judicial Pronouncements 

Judicial interpretation has been a major factor in the development of consumer law in  India, which has enlarged the concept of the term “consumer” as well as the services 

embraced by the Act. In Lucknow Development Authority v. M.K. Gupta, (1994) 1 SCC  243 (India), it was held by the Supreme Court that even public authorities who are  involved in housing or developmental works are liable for inadequacies in services so  that government departments are held accountable. Likewise, in Indian Medical  Association v. V.P. Shantha, (1995) 6 SCC 651 (India), the Court extended consumer  protection to medical services offered for consideration and thus acknowledged patients  as consumers who are entitled to legal redress in cases of medical negligence. 

Also, in Spring Meadows Hospital v. Harjot Ahluwalia, (1998) 4 SCC 39 (India), the  Supreme Court granted heavy compensation to the victims of medical negligence,  reaffirming the obligation of care owed by health professionals. In a recent case as well,  National Insurance Co. Ltd. v. Harsolia Motors, (2023) 7 SCC 468 (India), the Court  settled that insurance policies of a commercial nature could still be covered under the  ambit of consumer protection in case the transaction was not aimed at making a profit.  Overall, these judgments show the judiciary’s proactive attitude in extending the ambit of  consumer rights and safeguarding justice in all kinds of service-related disputes. 

Consumer Associations and Mediation’s Role 

Consumer associations have become strong voices for consumer welfare and consumer  rights in India. They enlighten the masses about their rights, help consumers file  complaints, and, in many cases, represent groups of consumers at the behest of those  wronged by them before commissions. Through awareness drives, disseminating  informative literature, and interacting with enforcement agencies, they facilitate the  partnership between consumers and mechanisms of enforcement. Collective efforts by  these associations also intensify consumer movements, holding businesses accountable  for fair trade practices and ethical business standards. 

The Consumer Protection Act, 2019, further enhanced the system by instituting  mediation cells linked to each Consumer Commission. Mediation is an out-of-court  dispute redressal process with the objective of resolving cases harmoniously without  protracted litigation. It is a confidential, low-cost, and time-efficient process that is to the  advantage of both traders and consumers. In case of mutual consent, differences are  referred to mediation, and the resolution is equally legally valid as an order of the  Commission. Mediation and consumer associations hence increase accessibility,  efficiency, and concord in the consumer redressal process. 

Common Failures and Tips 

The most common fault on the part of complainants is placing cases before inappropriate  jurisdictions or without proper documentation. Most consumers do not submit crucial  evidence like invoices, warranty cards, and written records with the seller or service 

provider, making their case lose steam. Another frequent flaw is presenting ambiguous or  inflated claims for relief without specifying the precise defect or deficiency. Procedural  failures like these are most often responsible for delays, dismissal of grievances, or  meager compensation. Thus, accuracy, clarity, and detail completeness are essential when  drafting a complaint. 

Complainants should always present the case in a factual, concise, and systematic fashion  to guarantee effectiveness. The use of emotional or accusatory wordings is avoided in  order to preserve professionalism and credibility in front of the Commission. Legal  consultations or advice from consumer groups can also fortify complicated or high-value  claims. Secondly, consumers must acquaint themselves with the provisions of the  Consumer Protection Act, 2019, and the relative procedural rules so as not to commit  technical mistakes. Adequate preparation and enlightened participation significantly  enhance the possibilities of a just and prompt adjudication. 

Conclusion 

The Consumer Protection Act, 2019, is an excellent step forward in protecting consumer  rights and maintaining accountability in the market. By superseding the 1986 Act, it  updates the legal structure to meet new challenges like e-commerce fraud, deceptive  advertisements, and product liability. The Act gives power to individuals to directly go to  redressal commissions and ask for corrective actions, thus making consumers active  seekers of justice rather than merely passive buyers. Its provisions not only guard  individuals against exploitation but also instill a culture of transparency and honest trade. 

In addition, the procedural streamlining of the Act—in aspects such as e-filing through  the E-Daakhil portal and the provision for mediation—guarantees that the administration  of justice is swift, affordable, and people-friendly. By filing well-documented and  substantiated grievances as consumers, they help to make the overall regulatory system  stronger. Finally, the Act ensures that consumer well-being is at the heart of economic  development, allowing markets to operate fairly, accountably, and with regard for the  rights of all individuals. 

References 

1. The Consumer Protection Act, No. 35 of 2019, Acts of Parliament, 2019 (India). 2. The Consumer Protection (Consumer Disputes Redressal Commissions) Rules,  2020, Gazette of India, Extraordinary, Part II, Sec. 3(i) (India). 

3. Lucknow Development Authority v. M.K. Gupta, (1994) 1 S.C.C. 243 (India). 4. Indian Medical Ass’n v. V.P. Shantha, (1995) 6 S.C.C. 651 (India).

5. Spring Meadows Hospital v. Harjot Ahluwalia, (1998) 4 S.C.C. 39 (India). 6. National Insurance Co. Ltd. v. Harsolia Motors, (2023) 7 S.C.C. 468 (India). 7. Common Cause v. Union of India, (1999) 6 S.C.C. 667 (India). 8. Ministry of Consumer Affairs, Food & Public Distribution, E-Daakhil Portal for  

Online Consumer Complaint Filing, https://edaakhil.nic.in (last visited Oct. 28,  2025). 

9. Department of Consumer Affairs, Guidelines on Mediation under the Consumer  Protection Act, 2019, https://consumeraffairs.nic.in (last visited Oct. 28, 2025). 10. Press Information Bureau, Government of India, Consumer Protection Act, 2019  – Key Highlights (July 20, 2020), https://pib.gov.in.