Faulty product or bad service? File a consumer complaint
Who counts as a consumer, the 1915 helpline, which Commission, fees (nil up to ₹5 lakh), e-daakhil filing, the 2-year limit and what the Commission can order.
In short
- If you paid for goods or a service (online too) and got a defective product, poor service, overcharging or a false promise, you can complain under the Consumer Protection Act, 2019.
- Complain to the seller in writing first, then call 1915 (National Consumer Helpline), then file at the Consumer Commission, online at edaakhil.nic.in or on paper.
- Claims up to ₹5 lakh carry no fee. You can file where you live, and you do not need a lawyer.
- File within 2 years of the problem Sec 69 CPA. Keep the bill, screenshots and every reply.
A phone that stopped working in a month, a builder who is two years late, an airline that lost your bag, an insurer that rejected a genuine claim: these are consumer disputes, and India has a separate, cheaper court system built for them. This guide tells you when you qualify, what to do first, and how to file.
Who is a consumer?
You are a consumer if you bought goods or hired a service for a price, including by instalments or deferred payment, and including purchases made online, by phone or through teleshopping Sec 2(7) CPA. Services include banking, insurance, telecom, electricity, transport, housing construction, education services, hospitals and repairs.
You are not a consumer if you bought the goods to resell them, or for a commercial purpose (a bakery buying an oven), unless you use them to earn your own livelihood by self-employment. Free services, and services under a contract of employment, are also outside the Act.
What you can complain about
- Defect in goods: a fault in quality, quantity, purity or standard, or the product not matching what was promised.
- Deficiency in service: any shortcoming in quality or manner of performance, including negligence and withholding information.
- Unfair trade practice: false claims, misleading advertisements, not issuing a bill, refusing to take back defective goods or refund within the stated period Sec 2(47) CPA.
- Overcharging above the printed MRP or the agreed price, and unfair contract terms such as one-sided penalties.
- Product liability: harm caused by a defective product, claimable from the manufacturer, seller or service provider.
What the law says
The Consumer Protection Act, 2019 replaced the 1986 Act. It created three levels of Consumer Commissions. Which one you approach depends on the value of the goods or services you paid for (not the compensation you ask for), under the rules notified in 2021:
- District Commission: up to ₹50 lakh.
- State Commission: above ₹50 lakh and up to ₹2 crore.
- National Commission (NCDRC): above ₹2 crore.
You can file where you live or work, not only where the seller or its branch is located Sec 34 CPA. The Commission can order a refund, replacement, repair, removal of the defect, compensation for loss or harassment, discontinuation of an unfair practice, and costs Sec 39 CPA. It should decide the complaint within three months of the other side receiving notice, or five months if goods have to be tested Sec 38 CPA; in practice cases often take longer. If a party does not obey the order, the Commission can impose imprisonment and fine Sec 72 CPA.
Fees (central rules of 2020): nil for claims up to ₹5 lakh; ₹200 for ₹5 to 10 lakh; ₹400 for ₹10 to 20 lakh; ₹1,000 for ₹20 to 50 lakh; ₹2,000 for ₹50 lakh to ₹1 crore. The fee is paid by demand draft, postal order or online.
An appeal against a District Commission order goes to the State Commission within 45 days Sec 41 CPA; a trader appealing against a money order must first deposit half the amount.
Step by step
- Write to the seller or service provider. Email or a letter to the customer-care and grievance officer, stating what went wrong, what you want (refund, replacement, repair, compensation) and a deadline of 15 days. Keep the sent copy and every reply.
- Call 1915 or register on consumerhelpline.gov.in. The National Consumer Helpline forwards your grievance to the company; many brands are "convergence partners" and settle at this stage. It costs nothing and does not stop you from going to the Commission.
- Send a legal notice (optional, but useful). A simple notice from you or a lawyer, giving 15 days, often produces a settlement and becomes an exhibit in your complaint.
- Draft the complaint. Your name and address, the opposite party's name and address, facts in dated order, the documents you rely on, and the relief you want with amounts. Add an affidavit verifying the facts. No special form is required.
- File it online at edaakhil.nic.in (upload PDFs of the complaint, affidavit and documents, pay the fee online), or on paper at the District Commission with the required number of copies.
- Attend the hearings. The Commission issues notice to the other side; they file a reply; you may file a rejoinder; then arguments. You may be offered mediation under Sec 37 CPA; a settlement there is binding and fast. You can argue yourself or through any authorised person.
- Execute the order. If the trader does not comply within the time given, file an execution application in the same Commission.
Anjali, a teacher in Bhopal, bought a ₹32,000 washing machine online. It leaked from the second week; the seller's chat support closed three tickets saying "resolved". She emailed the brand's grievance officer with photos and a 15-day deadline, then registered the complaint on 1915. No refund came. Using e-daakhil she filed at the Bhopal District Commission, no fee, attaching the invoice, the chat screenshots, her emails and a short affidavit. At the second hearing the company offered a full refund and ₹5,000 for costs in mediation. She accepted, and the settlement was recorded as an order.
Keep these ready
- Invoice or order confirmation, payment proof, warranty or guarantee card, delivery slip.
- Screenshots of the product page, advertisement or offer, and of chats and complaint tickets.
- Your emails and letters to the seller, and all replies; the 1915 docket number.
- Photos or video of the defect; service or repair job sheets; a technician's report if you have one.
- Your ID and address proof; the opposite party's registered address (from the invoice, website or MCA records).
Do not keep waiting while the company "escalates" for months: the 2-year limitation period runs from when the problem arose, and the Commission can condone delay only if you show a good reason. Also, do not file against a brand's marketing name alone; name the legal entity (the company) and the seller shown on the invoice.
Where to go
- First: the seller's customer care and the grievance officer named on its website (e-commerce sites must name one).
- Then: National Consumer Helpline 1915, consumerhelpline.gov.in.
- Sector regulators for banks and insurers: RBI Ombudsman at cms.rbi.org.in; insurance at bimabharosa.irdai.gov.in. These are free and do not bar a consumer complaint.
- Consumer Commission: file at edaakhil.nic.in or at your District Commission; appeals to the State and National Commissions.
- Free legal help: 15100 (NALSA). Women, SC/ST persons, persons with disabilities and low-income persons qualify.
Common questions
Do I need a lawyer to file a consumer complaint?
No. The Act is designed for consumers to appear in person, and the forms are simple. A lawyer helps in large or technical cases such as housing or medical negligence. If you qualify for free legal aid (call 15100), the District Legal Services Authority can give you one.
How long does a consumer case take?
The Act says three months from service of notice, or five months if testing is needed (Sec 38 CPA). Real timelines vary widely with the Commission's workload; many simple cases end in under a year, especially where mediation is used. Settlements through 1915 are often much faster.
Can I complain against an online marketplace, or only the seller?
Both can be made parties. The Consumer Protection (E-Commerce) Rules, 2020 require marketplaces to display seller details, name a grievance officer and acknowledge complaints within 48 hours, and they can be liable for their own deficiencies, such as failing to act on a refund they promised. Name the seller shown on the invoice and the platform.
What if the company ignores the Commission's order?
File an execution application before the same Commission. Under Sec 72 CPA, non-compliance is punishable with imprisonment from one month to three years and a fine, and the Commission can also recover the amount like a court decree. Attach the order and proof that it was served.
Is a service from a government body, like electricity or a hospital, covered?
Yes, if you pay for it. Electricity supply, paid treatment in a government hospital, railways and insurance from public-sector companies are all services under the Act. Free services, such as treatment in a hospital that charges nothing from anyone, are not.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
