Procedure for Filing Complaints and Appeals

The Consumer Protection Act, 2019 was enacted with the primary objective of providing simple, speedy, and inexpensive justice to consumers. To achieve this objective, the Act lays down a clear and systematic procedure for filing consumer complaints and appeals before the Consumer Disputes Redressal Commissions. The procedure is designed to be consumer-friendly, avoiding technical complexities and ensuring accessibility to justice even for ordinary consumers.

Procedure for Filing Consumer Complaints

A consumer complaint is a formal written allegation made by a consumer alleging defect in goods, deficiency in services, unfair trade practices, restrictive trade practices, overcharging, misleading advertisements, or sale of hazardous goods or services. The complaint seeks relief such as refund, replacement, compensation, or corrective measures from the Consumer Disputes Redressal Commission.

Step 1: Identify the Consumer Dispute

The first step is to identify whether the issue qualifies as a consumer dispute. A complaint can be filed if there is:

• Defect in goods

• Deficiency in services

• Unfair or restrictive trade practices

• Overcharging

• Misleading advertisements

• Sale of hazardous goods or services

Only disputes covered under the Consumer Protection Act can be taken to Consumer Commissions.

Step 2: Confirm Eligibility of the Complainant

The complainant must be eligible to file a complaint. A complaint may be filed by:

• The consumer himself or herself

• A registered consumer association

• One or more consumers on behalf of many consumers with the same interest

• The Central or State Government

• Legal heirs or representatives of a deceased consumer

This ensures broad access to justice.

Step 3: Choose the Appropriate Consumer Commission

The complaint must be filed before the appropriate Commission based on pecuniary and territorial jurisdiction.

Pecuniary Jurisdiction

• District Commission – Up to ₹50 lakh

• State Commission – ₹50 lakh to ₹2 crore

• National Commission – Above ₹2 crore

Territorial Jurisdiction

A complaint may be filed where:

• The complainant resides or works

• The opposite party carries on business

• The cause of action arises

Step 4: Check Limitation Period

The complaint must be filed within two years from the date on which the cause of action arises. If filed after two years, the complainant must submit an application explaining the reason for delay, which may be condoned by the Commission if justified.

Step 5: Draft the Consumer Complaint

The complaint should be drafted clearly and concisely. It must include:

• Name and address of the complainant

• Name and address of the opposite party

• Facts of the case in chronological order

• Nature of defect or deficiency

• Relief claimed (refund, replacement, compensation, etc.)

• Signature of the complainant

Proper drafting helps speedy disposal.

Step 6: Attach Supporting Documents

The complainant must attach relevant documents such as:

• Bills, receipts, invoices

• Warranty or guarantee cards

• Correspondence with the seller or service provider

• Any expert report, if available

These documents act as evidence in support of the complaint.

Step 7: File the Complaint

The complaint can be filed:

• Physically at the Consumer Commission

• Online through the E-Daakhil Portal

A nominal court fee is paid as prescribed. No heavy court fees are required, making the process affordable.

Step 8: Admission of Complaint

After filing, the Consumer Commission examines the complaint. If it is found to be valid:

• The complaint is admitted

• If defective, the complainant may be asked to rectify it

Admission marks the formal beginning of proceedings.

Step 9: Issue of Notice to Opposite Party

Once admitted:

• Notice is issued to the opposite party

• The opposite party must submit its reply within 30 days, extendable by 15 days

Failure to reply may lead to ex-parte proceedings.

Step 10: Hearing of the Complaint

The Commission conducts hearings:

• Proceedings are summary in nature

• Both parties are given an opportunity to be heard

• Evidence is submitted through documents, affidavits, or expert opinions

• Legal representation is optional

Step 11: Passing of Order

After hearing both sides, the Commission may pass orders for:

• Removal of defects

• Replacement of goods

• Refund of price

• Payment of compensation

• Discontinuation of unfair trade practices

• Withdrawal of misleading advertisements

Step 12: Compliance with the Order

The opposite party must comply with the order within the time specified. Non-compliance may result in:

• Penalties

• Fines

• Imprisonment

Procedure for Filing Appeals

The Act provides a hierarchical appellate system to ensure fairness and justice.

The Consumer Protection Act, 2019 provides a structured appellate mechanism to ensure fairness and justice in consumer dispute resolution. Any party aggrieved by the order of a Consumer Disputes Redressal Commission may file an appeal by following the prescribed procedure.

Step 1: Identify the Appealable Order

The first step is to confirm that the order is appealable. Appeals can be filed against:

• Order of District Consumer Disputes Redressal Commission

• Order of State Consumer Disputes Redressal Commission

• Order of National Consumer Disputes Redressal Commission

Only final orders (not interim orders, except where permitted) can be appealed.

Step 2: Choose the Appropriate Appellate Authority

The appeal must be filed before the correct higher authority:

• Against District Commission Order → State Commission

• Against State Commission Order → National Commission (NCDRC)

• Against National Commission Order → Supreme Court of India

Filing before the wrong authority may result in rejection.

Step 3: Check the Limitation Period

The appeal must be filed within the prescribed time:

• District → State Commission: Within 45 days

• State → National Commission: Within 30 days

• National Commission → Supreme Court: Within 30 days

Delay may be condoned if sufficient cause is shown.

Step 4: Obtain Certified Copy of the Order

A certified copy of the impugned order must be obtained from the concerned Commission. This copy must be attached along with the appeal petition.

Step 5: Draft the Memorandum of Appeal

The appeal should be drafted carefully and must include:

• Name and address of the appellant

• Name and address of the respondent

• Facts of the case

• Grounds of appeal (legal or factual errors)

• Relief sought

• Signature of the appellant or authorized representative

Clear grounds improve the chances of success.

Step 6: Fulfil the Pre-Deposit Requirement

The appellant is required to deposit:

• 50% of the amount ordered or

• Such amount as prescribed by law

This deposit is mandatory for admission of the appeal.

Step 7: File the Appeal

The appeal may be filed:

• Physically at the appellate authority

• Online through the E-Daakhil Portal

The prescribed fee must be paid along with the appeal.

Step 8: Admission of the Appeal

The appellate authority examines:

• Limitation period

• Completeness of documents

• Pre-deposit compliance

If satisfied, the appeal is admitted.

Step 9: Issue of Notice to the Respondent

After admission:

• Notice is issued to the respondent

• Respondent is required to file a reply

• Copies of appeal documents are served

Step 10: Hearing of the Appeal

During the hearing:

• Both parties are given an opportunity to be heard

• Oral and written arguments are considered

• Proceedings are summary in nature

• Legal representation is allowed but not compulsory

Step 11: Decision by Appellate Authority

The appellate authority may:

• Dismiss the appeal

• Allow the appeal

• Modify the order

• Set aside the order

• Remand the case for fresh hearing

Step 12: Communication and Enforcement of Order

The final order is:

• Communicated to both parties

• Binding and enforceable

• Non-compliance may lead to penalties or imprisonment