How to File a Consumer Complaint in India (Including Online via e-Daakhil)

A defective phone, a refused insurance claim, a flight cancelled without a refund, an overcharging hospital: the Consumer Protection Act, 2019 gives buyers a relatively quick and inexpensive way to hold sellers and service providers to account. You can file without a lawyer, and most of the process can be done online.

Are you a "consumer"?

You are a consumer if you buy goods or hire services for consideration (paid, promised or partly paid), including online, teleshopping or multi-level marketing. You are not a consumer if you buy for resale or a commercial purpose, unless the goods or services are used only to earn your livelihood through self-employment.

What you can complain about

• Defect in goods;
• Deficiency in service (banking, insurance, telecom, travel, real estate, healthcare, education and so on);
• Unfair trade practice, such as misleading claims, fake discounts or refusal to take back defective goods;
• Restrictive trade practice;
• Overcharging above the MRP or the displayed price;
• Hazardous goods or services;
• Unfair contract terms;
• Product liability: harm caused by a defective product.

Which commission: pecuniary limits

Jurisdiction depends on the value of the goods or services paid for, not the compensation you claim. Under the Consumer Protection (Jurisdiction) Rules, 2021:

Our consumer commission finder tells you which one applies, whether a fee is due and your last date to file.

Where: territorial jurisdiction

A major change in the 2019 Act lets you file where you reside or personally work for gain, as well as where the opposite party carries on business or where the cause of action arose.

Time limit

The complaint must be filed within two years from the date the cause of action arose (Section 69). Late complaints can be admitted only if the commission accepts that there was sufficient cause for the delay, so do not rely on that.

Before filing

1. Complain to the business in writing and keep a record. Many disputes end here.
2. Try the National Consumer Helpline (1915, or the NCH app/portal). It forwards grievances to partner companies and often gets them resolved quickly.
3. Consider sending a legal notice setting out your claim and a deadline to respond.

Filing online on e-Daakhil

1. Register on the e-Daakhil portal with your email and mobile number.
2. Choose the correct commission (state, district) based on the value and your location.
3. Fill in the complaint details: parties, facts, deficiency, and the relief you seek (refund, replacement, compensation, costs).
4. Upload supporting documents: invoice or receipt, warranty, correspondence, photos and the notice sent.
5. Pay the fee online. No fee applies for claims up to ₹5 lakh, and fees rise in slabs above that.
6. Track the case online. Hearings may take place in person or by video conference.

What happens next

• The commission decides whether to admit the complaint, normally within 21 days. If it does not decide within that time, the complaint is treated as admitted.
• The opposite party gets notice and time to file its reply.
• At any stage, the commission can refer the dispute to mediation if both sides agree.
• The Act aims to decide complaints within 3 months, or 5 months where goods must be tested in a laboratory. Actual time varies from commission to commission.

Reliefs available

The commission can order repair, replacement or a refund; compensation for loss or injury; discontinuing an unfair practice; withdrawing hazardous goods; corrective advertising; punitive damages in suitable cases; and costs.

Appeals

Key takeaways

• File within two years, and file from your own town if convenient.
• Jurisdiction depends on the price paid, not the compensation claimed.
• Complaints up to ₹5 lakh carry no filing fee.
• Keep invoices, screenshots and correspondence. Documents win consumer cases.