Author: ARCHEE SAMAIYA

Abstract

Consumer protection is a fundamental aspect of ensuring fair trade and ethical business conduct in India. In a rapidly evolving economy, where digital transactions and online marketplaces dominate, consumers often face issues such as defective goods, poor-quality services, delayed deliveries, or misleading advertisements. The Consumer Protection Act, 2019 serves as a strong legal safeguard for such consumers by providing a transparent and accessible grievance redressal mechanism. This article provides a comprehensive guide to the process of filing a consumer complaint in India, the structure of consumer dispute redressal commissions, and key legal provisions under the Act. It also discusses significant case laws that have shaped consumer rights and includes a brief on the E-Daakhil portal, which has made filing complaints easier in the digital era.

Keywords: Consumer Protection Act 2019, Consumer Rights, E-Daakhil Portal, Complaint Procedure, District Commission, Redressal Mechanism.

Introduction

Consumers are the backbone of every economy. Every individual, whether rich or poor, urban or rural, is a consumer in one form or other. However, the growth in industrialization, commercialization, and globalization has seen a sudden rise in the unfair method of trade practices and exploitation of consumers. Keeping in mind this factor, the Indian legislature enacted the Consumer Protection Act, 1986, which was replaced by the Consumer Protection Act, 2019 to meet the challenges posed by the modern marketplace, especially in electronic commerce transactions.

The 2019 Act was notified on 20th July 2020, bringing in several reforms. It provided for the establishment of the Central Consumer Protection Authority, introduction of product liability, e-filing of complaints, and mediation cells for quick settlement of disputes. Protection of the rights of consumers and making the manufacturer, trader, and service provider responsible and fair are the main intentions behind this Act.

Who is a consumer?

As defined under Section 2(7) of the Consumer Protection Act, 2019, a consumer is any person who buys goods or hires services for consideration. The payment may be made fully, partly, or under deferred terms. Importantly, the term also includes users or beneficiaries of such goods or services when they are used with the approval of the buyer. However, a person who obtains goods for resale or for commercial purposes is not considered a consumer.

This definition further extends protection to online and offline buyers availing services such as banking, education, insurance, housing, healthcare, and travel. The law, therefore, covers a wide range of consumer relationships to reflect present-day realities.

Consumer Rights in India

The Consumer Protection Act, 2019 confers upon consumers six key rights, all of which collectively support fairness and accountability in the marketplace.

1.Right to Safety – This protects consumers against goods and services that are hazardous to health or life. 

2. Right to Information – This allows consumers to be fully informed about the quality, quantity, purity, and price of goods or services. 

3. Right to Choose – Consumers are entitled to access a variety of goods and services at competitive prices. 

4. Right to be Heard – Every consumer has the right to represent their interests before appropriate forums. 

5. Right to Seek Redressal – This ensures the availability of legal remedies in cases of unfair trade practices or defective products. 

6. Right to Consumer Education – It empowers individuals with knowledge about their rights and responsibilities.

Together, these rights allow consumers to make informed choices and hold sellers and service providers accountable.

When can a consumer file a complaint?

A consumer complaint can be filed if the consumer has suffered due to defective goods, deficient services, unfair trade practices, restrictive trade practices, overcharging, misleading advertisements, or hazardous goods. For example, if a consumer purchases a refrigerator which does not work properly during the warranty period and the manufacturer refuses to repair or replace it, such refusal amounts to deficiency in service. Similarly, if a telecom company charges extra fees without prior intimation, it amounts to an unfair trade practice.

The Consumer Protection Act gives an effective mechanism to deal with such issues and claim compensation, replacement, or refund.

Jurisdiction of Consumer Commissions

The three-tier redressal system provided under the Act includes the District Consumer Disputes Redressal Commission, the State Commission, and the National Consumer Disputes Redressal Commission (NCDRC).

The District Commission entertains complaints where the value of goods or services paid and the compensation claimed does not exceed ₹50 lakh. The State Commission has jurisdiction over complaints where the claim exceeds ₹50 lakh but does not exceed ₹2 crore, while the National Commission deals with complaints valued above ₹2 crore.

As to territorial jurisdiction, a complaint can be filed where the opposite party resides, carries on business, has a branch office, or where the cause of action arose.

Step-by-Step Process to File a Consumer Complaint

1. Drafting the Complaint

First of all, a written complaint needs to be prepared. The name, description, and address of the complainant and opposite party; the details regarding the transaction, the nature of grievance, and the relief sought, shall clearly be reflected in the complaint. All the supporting documents like invoices, warranty cards, receipts, and copies of correspondence shall be attached to substantiate the claim. The consumer must ensure that the complaint is written in simple, clear language, avoiding as far as possible, unnecessary legal jargon.

2. Evidence Collection

In consumer disputes, evidence also holds great importance. The consumers have to collect and attach all proofs for their claim, like bills, photographs of defective goods, emails, or any written communication with the seller or service provider. These documents will support the claim and prove that a defect or deficiency in service actually existed.

3. Issuing a Legal Notice

It is always advisable to send a notice to the opposite party before filing a complaint in the consumer forum. The notice should state the nature of the grievance and call upon the seller or service provider to redress the grievance within a reasonable time, say 15 to 30 days. In a large number of cases, disputes get resolved at this stage itself, thus saving a lot of time and energy. If no satisfactory response is received, the consumer can then approach the appropriate forum by filing a complaint.

4. Filing the Complaint

The complaint may be filed either offline or online. For offline complaints, the respective consumer commission can accept complaints in person or through registered post based on the claim amount.

The government has also introduced an online platform called the E-Daakhil Portal (www.edaakhil.nic.in), where one can file complaints digitally. One can even upload the documents, track the case, and attend the hearings through this web portal. The E-Daakhil mechanism has brought greater transparency, speed, and accessibility in consumer dispute redressal, especially for people in far-off areas.

5. Payment of Fees

Every complaint must be accompanied by a nominal fee, which depends on the value of the goods or services and also compensation claimed. The fee is payable by a demand draft or by a postal order or by an online payment when filing through the E-Daakhil portal.

6. Admission of Complaint and Notice to Opposite Party

After filing the complaint, the consumer commission looks into whether it comes under its purview. If the complaint does, the commission admits the same and sends a notice to the opposite party, asking them to file their written response within 30 days, which can be extended by another 15 days.

7. Hearing and Evidence

Once both parties have filed their respective statements, hearings are conducted by the commission, during which evidence is presented. The consumer may be required to attend hearings in person or virtually. Based on evidence and arguments, the commission passes an order.

8. Relief Granted

Where it finds the complaint to be valid, the commission may grant reliefs like removal of defects, replacement of goods, refund of price, payment of compensation, discontinuance of unfair trade practices, and withdrawal of misleading advertisements. The order of the commission is binding on the parties concerned.

Appeal Procedure

If one of the parties is not satisfied with the order of a consumer commission, then he may appeal to the higher forum. An appeal against the order of the District Commission lies with the State Commission, from the State Commission to the National Commission, and from the National Commission to the Supreme Court of India. Appeals must be filed within 30 days from the date of the order, along with the prescribed fee.

Recent Developments: E-Daakhil and CCPA

The E-Daakhil portal significantly enhances the accessibility of justice to the consumers. It allows online filing, tracking, and hearing of cases throughout India. As of 2025, several thousand complaints have been dealt with amicably through this portal alone, reducing delays and paperwork.

Also, under the 2019 Act, the Central Consumer Protection Authority has been specifically empowered to take suo motu action in respect of unfair trade practices, misleading advertisements, and violation of consumer rights. The CCPA can impose penalties on manufacturers and advertisers and can even ban the sale of hazardous products.

Case Summary: Ambrish Kumar Shukla v. Ferrous Infrastructure Pvt. Ltd. (2017)

The judgment by the NCDRC in this landmark case involved a set of complaints filed by a group of homebuyers against a real estate developer on account of delay in issuing possession of the flats. NCDRC held that homebuyers were consumers under the Act and were entitled to file a complaint collectively against the builder.

The Commission, therefore, held that the non-delivery of possession on time was a lapse in service. The developer was directed either to furnish possession with compensation or refund the amount with interest. The said decision therefore reiterates that the consumer forums can entertain complaints in the real estate sector to uphold the right of buyers who are adversely affected by delays in projects. Conclusion The Consumer Protection Act, 2019 has radically altered the consumer grievance redressal mechanism in the country. The Act affords comprehensive protection to consumers from unfair trade practices through e-filing, product liability, and the CCPA. Filing a complaint is an uncomplicated process and has been so designed as to ensure prompt and inexpensive justice with the least procedural formalities. At the same time, it is expected that consumers will also exercise their rights responsibly by maintaining records, reading terms carefully before transactions, and not filing fraudulent complaints. Essentially, consumer awareness of rights and legal mechanisms for redressal contributes to a fair marketplace. A well-informed consumer protects not only himself but also helps in building up a transparent and accountable economic system in India. 

References 

1.The Consumer Protection Act, 2019. 

2. Ministry of Consumer Affairs, Government of India – E-Daakhil Portal (www.edaakhil.nic.in). 

3. Ambrish Kumar Shukla v. Ferrous Infrastructure Pvt. Ltd., 2017 SCC OnLine NCDRC 1119. 

4. Central Consumer Protection Authority Guidelines on Misleading Advertisements, 2022.

5. Indian Kanoon – Compilation of Consumer Law Judgments.

6. National Consumer Disputes Redressal Commission Reports, 2023.