Who can file a complaint?

The Consumer Protection Act, 2019, specifies the categories of persons or entities who are legally entitled to file a complaint before the consumer dispute redressal agencies (District, State, or National Commission). These categories are listed in **Section 35(1)** of the Act.

As per **Section 35(1)**, a complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Commission, State Commission, or National Commission, as the case may be, by—

A consumer

This is the most common category. Any individual who meets the definition of a **'consumer'** under Section 2(7) of the Act and has a grievance related to goods purchased or services availed for consideration can file a complaint. This includes the buyer/hirer themselves and any user/beneficiary with the approval of the buyer/hirer (unless for resale/commercial purpose).

Any registered consumer association

A **registered voluntary consumer association** can file a complaint on behalf of, or for the benefit of, consumers. The association must be registered under any law for the time being in force. This provision allows consumer organisations to take up issues affecting multiple consumers or represent consumers who may not be able to file a complaint themselves. This strengthens the collective bargaining power of consumers.

Central Government or State Government

The **Central Government** or the **State Government** can also file a complaint. This is particularly relevant when the government identifies issues that affect consumers as a whole or involves a matter of public interest related to consumer rights. The Central Consumer Protection Authority (CCPA), which represents the Central Government's executive wing on consumer protection, can also file complaints before the National Commission (Section 18(1)(f)).

One or more consumers on behalf of numerous consumers

Where there are numerous consumers having the **same interest**, one or more of such consumers can, with the permission of the District Commission (or State/National Commission, depending on jurisdiction), file a complaint on behalf of or for the benefit of all such consumers so interested. This is akin to a **class action** suit and is very useful for addressing grievances that affect a large number of consumers similarly (e.g., defects in a mass-produced product, deficiency in a widely used service, misleading advertisement affecting many). The procedure for such complaints is governed by rules and usually requires the complainants to demonstrate that they represent the interests of all similarly affected consumers.

Legal heir or representative in case of death of a consumer

In the unfortunate event of the death of a consumer who had a pending complaint or a valid grievance, his or her **legal heir or legal representative** can file or continue the complaint. This ensures that the rights and claims of the deceased consumer can still be pursued and justice obtained for the benefit of their estate or dependents.

These provisions ensure that the right to seek redressal is not limited only to the individual buyer but can also be exercised by representative bodies or in collective/representative capacities.

How to file a complaint?

The Consumer Protection Act, 2019, aims to make the complaint filing process relatively simple and less formal compared to filing a suit in a civil court. The procedure for filing a complaint is laid down in Section 35 of the Act and the rules made thereunder.

Prescribed format

While there isn't a single rigid format that is mandatory, the complaint must be in **writing** and should contain all the necessary details to clearly articulate the grievance and the relief sought. Key information to include in a complaint are:

• **Name and complete address of the complainant:** Full details of the person(s) filing the complaint.
• **Name and complete address of the opposite party/parties:** Full details of the business/person(s) against whom the complaint is filed. It's important to name all relevant parties (manufacturer, seller, service provider, endorser in case of misleading ad, etc.).
• **Details of the goods purchased or services availed:** Description of the product/service, date of purchase/availing service, amount paid (consideration), receipt/invoice number.
• **Details of the complaint:** Clear and concise narration of the facts leading to the grievance, specifying the nature of the defect in goods, deficiency in service, unfair/restrictive trade practice, or other allegation.
• **Date on which cause of action arose:** The date or event when the problem occurred or was discovered, giving rise to the complaint. This is important for calculating the limitation period.
• **Relief sought:** Clearly state what the complainant wants the Commission to order (e.g., replacement of goods, refund of money, removal of defect/deficiency, compensation amount, discontinuation of unfair practice, etc.). The amount of compensation claimed should be specified.
• **Verification:** A statement by the complainant verifying that the contents of the complaint are true and correct to their knowledge.
• **Signature:** The complaint must be signed by the complainant or their authorised representative.

The complaint should be typed or neatly handwritten. Multiple copies of the complaint (usually one for the forum and one for each opposite party) are required.

Supporting documents

The complaint must be accompanied by relevant **supporting documents** that provide evidence for the allegations made. These documents are crucial for the Commission to understand the case and verify the claims. Essential supporting documents typically include:

• **Copy of the bill, cash memo, or receipt** for the goods purchased or services availed.
• **Copy of warranty or guarantee card**, if applicable.
• **Copy of any contract or agreement** related to the purchase of goods or availing of services (e.g., service agreement, booking form for a flat).
• **Copy of correspondence** with the opposite party (letters, emails, notices sent regarding the grievance and the response, if any). Sending a prior notice to the opposite party before filing the complaint is a good practice, although not mandatory in all cases, as it provides an opportunity for the business to resolve the issue amicably and the correspondence serves as evidence.
• **Test reports or expert opinions**, if available, confirming the defect in goods or deficiency in service (e.g., mechanic's report for a vehicle defect, engineer's report for construction defects, medical expert's opinion in medical negligence cases).
• **Any other relevant documentary evidence** (e.g., photographs, brochures, advertisements, police complaints if relevant).

Copies of all supporting documents should be attached with each copy of the complaint. The complainant needs to ensure they retain the original documents.

Filing Options:

• **Physical Filing:** Complaints can be physically submitted to the registry of the appropriate District, State, or National Commission.
• **E-filing:** The Consumer Protection Act, 2019, enables e-filing of complaints through the online portal established for this purpose. This allows consumers to file complaints electronically from anywhere, along with scanned copies of supporting documents. This is a major convenience introduced by the 2019 Act.

After filing, the Commission examines the complaint. If it finds any defects, it may return it for rectification. If the complaint is complete and falls within the jurisdiction, the Commission issues notice to the opposite party to file their response.

Limitation Period (Section 69)

Like most legal proceedings, there is a time limit within which a consumer complaint must be filed. This time limit is known as the **limitation period**. Failing to file a complaint within this period can result in the complaint being dismissed as time-barred.

According to **Section 69(1)** of the Consumer Protection Act, 2019, the District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within **two years** from the date on which the **cause of action** has arisen.

Within two years from the date on which the cause of action arose

The crucial date for calculating the limitation period is the date when the **cause of action arose**. This is the date when the consumer first had the right to file a complaint. Determining the exact date of the cause of action depends on the specific facts of the case:

• For a defect in goods: It could be the date of purchase if the defect was present from the beginning, or the date the defect was discovered, or the date when the seller/manufacturer failed to repair/replace the product after being notified of the defect.
• For a deficiency in service: It could be the date the service was completed inadequately, the date when the promised service was not delivered, the date of the incident of negligence, or the date when the service provider failed to rectify the deficiency despite being informed.
• For an unfair trade practice: It could be the date the practice was applied to the consumer, the date the consumer became aware of the deception, or the date of suffering loss due to the practice.

The two-year period starts running from this date. For example, if a defect in a product purchased on 1st January 2023 was discovered on 15th March 2023, and the company refused to repair it on 1st April 2023, the cause of action might be considered to have arisen on 1st April 2023 (failure to rectify). The complaint must then be filed by 31st March 2025.

Condonation of delay

While the two-year limit is generally strict, the Act provides a provision for allowing complaints filed after the expiration of the limitation period. As per **Section 69(2)**, notwithstanding anything contained in sub-section (1), a complaint may be admitted after the period specified in that sub-section if the complainant satisfies the District Commission or the State Commission or the National Commission, as the case may be, that there was **sufficient cause** for not filing the complaint within such period.

The forum must record its reasons for condoning the delay. "Sufficient cause" is not defined in the Act but is interpreted by courts and forums based on the facts of each case. It should be a bonafide reason that prevented the consumer from filing the complaint within time, despite exercising due diligence. Examples of sufficient cause could include serious illness of the complainant, unavoidable circumstances, or delays caused by the opposite party's assurances of resolution.

However, it is always advisable for consumers to file their complaints as soon as possible after the cause of action arises to avoid the need for condonation of delay and the risk of the complaint being dismissed on this technical ground.

Understanding and adhering to the limitation period is crucial for ensuring that a valid complaint is not rejected merely because it was filed late.

Admission of Complaint

After a consumer complaint is filed with the appropriate District, State, or National Commission, the initial step in the adjudication process is for the Commission to decide whether to **admit** the complaint. This process is primarily governed by **Section 36** of the Consumer Protection Act, 2019.

Scrutiny by the Commission:

Upon receiving a complaint, the Commission examines it to determine if it is prima facie valid and falls within its jurisdiction. The scrutiny typically involves checking:

• Whether the complainant is a 'consumer' as defined in the Act.
• Whether the subject matter relates to 'goods' or 'services' and alleges a 'defect', 'deficiency', 'unfair trade practice', 'restrictive trade practice', 'unfair contract', overcharging, hazardous goods, or a product liability action.
• Whether the complaint is within the pecuniary and territorial jurisdiction of the Commission.
• Whether the complaint has been filed within the limitation period of two years from the date the cause of action arose (or if there is an application for condonation of delay with sufficient grounds).
• Whether the complaint is in the prescribed format and accompanied by necessary documents and fees.

Procedure for Admission (Section 36):

The Commission must decide on the admissibility of the complaint within a specified timeframe:

• The Commission shall decide whether the complaint is admissible or not within **twenty-one days** from the date of its filing.
• If the Commission finds the complaint to be inadmissible, it may reject it, providing reasons for the rejection.
• If the Commission finds the complaint to be admissible, it shall admit it and proceed further with the adjudication process.

The complainant may be given an opportunity to rectify any minor defects in the complaint before it is rejected. If a complaint is admitted, the Commission usually endorses it with an admission stamp or issue an order admitting the complaint.

The admission of a complaint is a crucial initial screening process to ensure that only valid and properly filed cases proceed for adjudication, saving time and resources for both the forums and the parties.

Notice to Opposite Party

Once a complaint is admitted, the next mandatory step in the adjudication process is to inform the party against whom the complaint has been filed. This is done by issuing a **notice** to the opposite party.

Mandatory Notice Requirement (Section 38(1)):

As per **Section 38(1)** of the Consumer Protection Act, 2019, the District Commission shall, on admission of a complaint, issue notice to the opposite party directing him to give his version of the case within a period of **thirty days** or such extended period not exceeding **fifteen days**, as may be granted by it on sufficient cause being shown by the opposite party.

Purpose of Notice:

The notice serves several important purposes:

• **Informing the Opposite Party:** It formally notifies the business or person against whom the complaint is made about the allegations leveled against them and the fact that a complaint has been filed before the consumer forum.
• **Providing Opportunity to Respond:** It grants the opposite party the right and opportunity to present their defence, deny the allegations, and provide their version of the events. This is a fundamental principle of natural justice.
• **Initiating the Adversarial Process:** It marks the beginning of the formal legal process where both sides are heard.

Contents of Notice:

The notice typically includes a copy of the complaint and all supporting documents filed by the complainant. It specifies the timeframe within which the opposite party must file their written response (often called a 'version' or 'written statement').

Mode of Service:

The notice is usually served through registered post with acknowledgment due, speed post, or through any other mode as prescribed by rules, including electronic means. Proper service of notice is essential for the proceedings to be valid. If the notice is not properly served, the opposite party might not be aware of the proceedings, and any order passed without their knowledge could be challenged.

Issuing and serving the notice to the opposite party is a crucial procedural step that ensures the fairness of the adjudication process by providing them with an opportunity to respond to the allegations.

Ex Parte Proceedings

Sometimes, despite being duly served with the notice, the opposite party may fail to appear before the Commission or file their response within the stipulated time. In such situations, the Commission has the power to proceed with the case and pass an order without hearing the defaulting party. This is known as **Ex Parte proceedings**.

When Ex Parte Proceedings are Initiated (Section 38(2)(b)(ii)):

As per **Section 38(2)(b)(ii)** of the Consumer Protection Act, 2019, if the opposite party against whom a complaint has been filed fails or omits to file its response within the time provided (initial 30 days plus extended 15 days if granted), the District Commission shall proceed to decide the complaint **ex parte** on the basis of evidence brought by the complainant.

Procedure:

• The Commission first confirms that the notice was duly served on the opposite party.
• If the opposite party fails to appear or file a written statement within the allowed time, the Commission notes their default.
• The Commission then decides to proceed ex parte, meaning it will hear the complainant's case and consider the evidence presented by the complainant in the absence of the opposite party's defence.

Outcome:

In an ex parte proceeding, the Commission adjudicates the complaint solely based on the evidence and arguments presented by the complainant. If the complainant successfully proves their case through the submitted documents and possibly an affidavit, the Commission can pass an order in their favour. The order is binding on the opposite party, even though they did not participate in the proceedings.

Recourse for Opposite Party:

An opposite party against whom an ex parte order has been passed can file an application before the same Commission to set aside the ex parte order, provided they can show **sufficient cause** for their non-appearance or failure to file the written statement within time. If the Commission is satisfied with the reasons, it may set aside the ex parte order and allow the opposite party to file their defence, restarting the process. Alternatively, the opposite party can challenge the ex parte order in appeal before the next higher forum (State Commission).

Ex parte proceedings are a mechanism to prevent the defaulting party from causing undue delay in the adjudication process, ensuring that the consumer's grievance is addressed within a reasonable timeframe even if the business chooses not to participate.

Evidence and Hearing

The process of adjudication by the consumer forums involves the presentation and consideration of evidence and giving both parties an opportunity to be heard. While the procedure is less formal than in civil courts, it still adheres to certain principles of natural justice and fair hearing.

Principles of Natural Justice applied

The consumer forums, being quasi-judicial bodies, are required to follow the principles of natural justice. The two core principles of natural justice are:

1. **Audi Alteram Partem (Hear the Other Side):** Both the complainant and the opposite party must be given a fair opportunity to present their case, submit evidence, and respond to the contentions of the other side. This is ensured through the issuance of notice, allowing filing of written statements, and providing opportunities for hearing.
2. **Nemo Judex in Causa Sua (No One Shall Be a Judge in Their Own Cause):** The adjudicating authority must be impartial and free from any bias.

Process of Evidence and Hearing (Section 38):

• **Filing of Written Statement:** After receiving the notice, the opposite party is required to file their written statement within the stipulated time, denying or admitting the allegations and providing their defence.
• **Evidence by Affidavit:** The parties typically present their evidence by way of **affidavit**. This means they provide a sworn statement of facts, which is filed with the Commission, along with copies of supporting documents. Oral examination of witnesses is usually not the norm, but the Commission has the power to summon and examine witnesses if deemed necessary.
• **Rejoinder:** The complainant is usually given an opportunity to file a rejoinder affidavit responding to the points raised in the opposite party's written statement.
• **Hearing:** The Commission provides an opportunity for both parties (or their representatives) to present their arguments and submissions based on the filed affidavits and documents. This hearing can involve clarifying points, arguing legal positions, and highlighting key evidence. The hearings are generally less formal than court trials.
• **Expert Opinion/Testing:** If the case involves technical issues regarding defects in goods or complex deficiencies in services, the Commission may order testing of the goods by an appropriate laboratory (Section 38(2)(c)) or seek expert opinion. The report is provided to both parties for their comments.
• **Production of Documents:** Parties can be directed to produce relevant documents in their possession.

The Commission bases its decision on the complaint, the written statement, the evidence submitted by both parties (primarily affidavits and documents), and the arguments made during the hearing. The adherence to natural justice principles ensures that the process is fair and that both sides have a chance to present their case before a decision is reached.

Issuance of Orders

After considering the complaint, the response, the evidence, and the arguments, the consumer forum (District, State, or National Commission) concludes the adjudication process by passing a final **order**. The orders passed by the Commissions are legally binding on the parties and are executable.

Powers of the Commission while passing Orders (Section 39):

Section 39 of the Consumer Protection Act, 2019, enumerates the types of orders that a District Commission can pass if it is satisfied that the allegations in the complaint are proved. Similar powers are vested with the State Commission and National Commission (Section 49 and 59 respectively). The Commission can direct the opposite party to do one or more of the following:

• **To remove the defect** from the goods in question.
• **To replace the goods** with new goods of the same description, which shall be free from any defect.
• **To return to the complainant the price** or, as the case may be, the charges paid by the complainant.
• **To return to the complainant the consideration** paid by the complainant: This covers the amount paid for goods or services.
• **To remove the deficiencies** in the services in question.
• **To pay such amount as may be awarded by it as compensation** to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party. This can include compensation for mental agony, harassment, and other non-pecuniary losses.
• **To pay such amount as may be awarded by it as punitive damages** in such circumstances as it deems fit. Punitive damages are awarded to punish the opposite party for egregious conduct and deter similar behaviour.
• **To discontinue the unfair trade practice or not to repeat it.**
• **To discontinue the restrictive trade practice or not to repeat it.**
• **Not to offer the hazardous goods for sale** and to withdraw the hazardous goods from being offered for sale.
• **To cease manufacture of hazardous goods** and to desist from offering services which are hazardous in nature.
• **To pay such sum as may be determined by it, if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently**: This relates to class action complaints.
• **To issue corrective advertisement** to neutralise the effect of misleading advertisement.
• **To cease and desist from issuing any misleading advertisement.**
• **To bear the cost of litigation** incurred by the complainant.
• **To provide for adequate costs to parties.**

Requirements for the Order:

• The order must be in **writing**.
• It must be a **reasoned order**, clearly stating the findings of the Commission and the reasons for the decision.
• The order must be signed by the members of the Commission who heard the complaint.
• A copy of the order is provided to both parties free of cost.

The passing of the order concludes the adjudication process at that level. The aggrieved party has the right to file an appeal against the order before the next higher forum (State Commission against District Commission order, National Commission against State Commission order, Supreme Court against National Commission order in certain cases).