World Consumer Rights Day 2025: Step-by-Step Guide on How to File a Consumer Complaint

Ajuni Bedi

11 months ago

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Consumer rights safeguard individuals from unfair practices, ensuring they receive the quality goods and services they pay for. Know your rights and how to file a consumer complaint?

WORLD CONSUMER RIGHTS DAY 2025: KNOW HOW TO FILE A CONSUMER CASE?

NEW DELHI : Consumer rights are an important part of today’s society, designed to protect people from unfair practices and make sure they get the goods and services they pay for. But sometimes, consumers face problems with a product or service and may need to take legal action. In such cases, “filing a consumer case in a consumer court” becomes essential.

In today’s digital world, consumers are exposed to many products and services. Sometimes, they may face issues with these goods or services. In these situations, “filing a consumer case” is a legal way to get justice. It allows you to raise your complaints and seek a solution, whether it’s getting a refund, compensation, or fixing the problem.

Filing a consumer case is not just about having a complaint; it’s about using the law to seek what you’re entitled to and ensuring you are aware of your rights as a consumer.

Who is a Consumer?

A consumer is any person who:

Buys goods or avails services for personal use.
Pays for the goods or services either fully or partially.
Does not buy goods or services for resale or commercial purposes.
Engages in transactions both offline and online.

Consumer Rights Under the Consumer Protection Act

According to Section 2(9) of the Consumer Protection Act, consumer rights include:

Right to protection from hazardous goods and services.
Right to information about products and services.
Right to choose from a variety of options.
Right to be heard in consumer courts.
Right to seek redressal against unfair trade practices.
Right to consumer awareness and education.

Consumer Courts and Their Objectives

Consumer courts provide an affordable and quicker way to resolve disputes through a three-tier system:

District Commission (up to ₹1 crore).
State Commission (₹1 crore – ₹10 crores).
National Commission (above ₹10 crores).

These courts ensure fair trade practices, protect consumer rights, and address grievances related to defective goods, deficient services, and unfair business practices.

ALSO READ : “This Is An Important Issue”: SC Will Examine Whether ‘Trust’ is a ‘Consumer’ Under Consumer Protection Act

WHO CAN FILE A CONSUMER COMPLAINT

The following individuals and entities can file a consumer complaint:

Consumers who purchase goods or services.
Legal heirs or representatives of a deceased consumer.
Registered consumer organizations.
Central or State Government.
Groups of consumers with a common interest.

Consumer courts offer a cost-effective and quicker alternative to civil suits. Their tiered structure ensures that grievances are addressed systematically, promoting accountability and fairness in consumer transactions

ALSO READ: ‘Doctors Are Not Just Service Providers’ – Medical Community Challenges SC Ruling on Consumer Protection Act

HOW TO FILE A CONSUMER COMPLAINT?

Before filing a formal complaint, the consumer should:

Contact the trader or service provider to communicate the grievance.
Request a replacement, refund, or resolution of the issue.
If ignored or denied, proceed to the formal complaint process.

Procedure to File a Consumer Complaint

The Consumer Protection Act has made it simple for consumers to file complaints without needing a lawyer. Here’s a detailed step-by-step guide:

1. Identify the Jurisdiction

Pecuniary Jurisdiction: Determine the court based on the value of goods or services and the compensation claimed.
Territorial Jurisdiction: The complaint must be filed where the seller or service provider operates, or where the cause of action arose.

2. Pay the Filing Fee

The fee depends on the value of the goods or services and the level of the court (District, State, or National Commission).

3. Draft the Complaint (Plaint)

Clearly state the facts leading to the grievance.
Include all relevant details that establish the cause of action.

4. Include Identification Details

The complaint must mention the name, address, and description of both the complainant and the opposite party.

5. Sign the Complaint

The complaint must be signed by the complainant.
If filed by a representative, include a letter of authorization.

6. Attach Necessary Documents

The consumer must attach all the necessary documents alongwith the complaint , including :

Copies of bills, receipts, and purchase agreements.
The notice sent to the trader or service provider requesting resolution.

7. Specify the Compensation Amount

State the compensation sought, which may include:
- Refunds.
- Damages.
- Litigation costs.
- Interest on the claimed amount.
Provide a clear breakup of the total amount.

8. Provide Required Statements

Include a statement establishing the jurisdiction of the court.
Specify the relief sought.

9. Adhere to the Limitation Period

The complaint must be filed within 2 years from the date the cause of action arose.
If filed after this period, explain the delay, which the court may or may not condone.

10. Submit Copies of the Complaint

Submit 5 copies of the complaint for the court and each opposite party.
Attach an affidavit affirming that all stated facts are true.

BENEFITS TO THE CONSUMERS UNDER THE NEW CONSUMER PROTECTION ACT , 2019

The Consumer Protection Act, 2019 offers strong protection for consumers in India. In the following ways it benefits the consumers:

Unfair Contracts: The Act defines “unfair contracts” under Section 2(46), which includes agreements that demand excessive security deposits from consumers for the performance of contractual duties. This provision helps protect consumers by allowing them to file complaints against businesses that engage in unfair practices, keeping fraudulent businesses under control.
Territorial Jurisdiction: Consumers can now file complaints in the place where they reside or work. This makes it easier for consumers to seek redress, especially for those who live far from the business or service provider. It provides a more convenient and accessible way to resolve grievances.
False and Misleading Advertisements: The Act addresses false and misleading advertisements by clearly defining what constitutes such practices and imposing penalties on businesses that engage in them. This helps protect consumers from being misled by deceptive ads and ensures businesses are held accountable.
Product Liability: The Act defines “product liability,” which holds manufacturers, service providers, or sellers responsible for compensating consumers if they suffer harm from defective products or services. This ensures that consumers can seek compensation if harmed by unsafe or faulty products.
Mediation and Alternative Dispute Resolution (ADR): The Act encourages mediation and ADR mechanisms to resolve consumer disputes quickly and efficiently. Consumers can now opt for these methods, avoiding lengthy court procedures and achieving faster resolutions.
E-Filing of Complaints: The Act also enables e-filing of complaints and allows consumers to request video conference hearings with the Commission. This modern approach makes it easier for consumers to file complaints and track their cases without needing to visit the Commission in person.

ALSO READ : ‘Failure to Provide Services & Defects in Vehicles’: Consumer Protection Authority Issues Show Cause Notice To Ola Electric

IMPORTANT RECENT PRECEDENTS

Manjeet Singh Vs. National Insurance Company Ltd. & Anr. (2018) 2 SCC 108
In this case, the appellant’s truck was stolen after an assault by a passenger. The insurance claim was denied, but the Supreme Court ruled that while it wasn’t a fundamental breach of the policy, the insurance company should pay 75% of the insured amount with interest and compensation.
.National Insurance Company Ltd. Vs. Hindustan Safety Glass Works Ltd. & Anr. (2017)
The insurance company refused compensation for damage caused by heavy rain, citing policy exclusions. The National Commission ruled in favor of the insured, stating the claim was valid and awarded compensation with interest.
Karnataka Power Transmission Corporation (KPTC) Vs. Ashok Iron Works Private Limited (2009)
A private company filed a complaint against KPTC for a delay in electricity supply. The Supreme Court ruled that the supply of electricity was a “service” under the Consumer Protection Act and directed the case to be retried.
Indian Medical Association Vs. V.P. Shantha and others (1995)
The Supreme Court clarified that doctors are considered to be rendering a “service” under the Consumer Protection Act, but if services are rendered free of charge, they don’t fall under the Act, unless paid by an insurance provider.
Sapient Corporation Employees Provident Fund Trust Vs. HDFC & Ors. (2012): The Sapient Trust sued HDFC for a wrongful debit from their account, but the National Commission dismissed the case, ruling that the bank had informed the trust and gave ample time, imposing a penalty on the complainant for false litigation.