Introduction

Every day, consumers purchase goods and avail services with the expectation of receiving what they paid for. However, defective products, deficient services, misleading advertisements, unfair trade practices, and refusal to honour warranties have become increasingly common. To protect consumers against such practices, India has enacted the Consumer Protection Act, 2019, which provides a simple, speedy, and cost-effective mechanism for resolving consumer disputes.

This article explains who qualifies as a consumer, who is entitled to file a consumer complaint, the grounds on which a complaint can be filed, and the complete procedure for initiating proceedings before the Consumer Commissions.

Who is a Consumer?

Under Section 2(7) of the Consumer Protection Act, 2019, a consumer is any person who:

1. Purchases Goods

A person who buys goods for consideration (whether paid, partly paid, promised, or under deferred payment) is a consumer. The consideration may be:

• Paid in full;

• Paid partly and partly promised;

• Payable in instalments; or

• Deferred for future payment.

The law also includes any user of such goods with the buyer's permission.

2. Avails Services

A person hiring or availing services for consideration is also a consumer. Services include:

• Banking

• Insurance

• Medical services

• Education (subject to judicial interpretation)

• Housing

• Electricity

• Transport

• Telecommunications

• Online platforms

• Courier services

• Airlines

• Hospitality

• Real estate services

The beneficiary of such services is also treated as a consumer if the services are used with the original hirer's approval.

Who is NOT a Consumer?

A person is generally not considered a consumer if:

1. Goods are purchased for resale

2. If goods are purchased with the intention of selling them further for profit, the purchaser cannot invoke consumer jurisdiction.

3. Goods or services are obtained free of cost

4. Free services generally do not create a consumer relationship.

5. Services rendered under a contract of personal service

6. For example, employing a domestic servant or a personal driver does not amount to hiring a "service" under the Act.

Exception: Self-Employment is Protected

One important exception relates to self-employment. A person purchasing goods exclusively for earning his livelihood through self-employment remains a consumer.

For example, a tailor purchases one sewing machine to run her own tailoring business. She remains a consumer because the machine is used personally to earn a livelihood. However, if she purchases fifty industrial sewing machines for a commercial factory, she would generally not qualify as a consumer.

This exception, however, is highly subjective.

Who Can File a Consumer Complaint?

1. The Consumer
2. Any Recognised Consumer Association - Even if the consumer is not a member of the association, a recognised consumer organisation may institute proceedings on the consumer's behalf.
3. One or More Consumers Having the Same Interest - Where numerous consumers suffer from the same defect or deficiency, a representative complaint may be filed. For example, If 500 apartment buyers face the same delay by a builder, one representative complaint may be instituted after obtaining appropriate permission.
4. Legal Heirs or Legal Representatives of a Consumer upon their death. Most prevalent in cases of death due to medical negligence, where the spouse or children may pursue the complaint.
5. Central Government - The Central Government may initiate proceedings in the interest of consumers.
6. State Government - The State Government also has the power to file complaints in public interest.
7. Central Consumer Protection Authority (CCPA) - The CCPA can institute complaints against unfair trade practices, misleading advertisements, and violations affecting consumers at large.

Types of Complaints That Can Be Filed

• Defective Goods

• Deficiency in Service

• Unfair Trade Practices - These include deceptive or unethical business practices, like false discounts, fake sale offers, hidden charges, etc.

• Restrictive Trade Practices - Practices compelling consumers to purchase unwanted products or services.

• Overcharging i.e. charging more that the MRP, agreed contract price, legally fixed price

• Sale of Hazardous Goods or Services

• Misleading Advertisements

Which Consumer Commission Should You Approach?

Territorial Jurisdiction depends on the following factors, namely:

1. Place where consumer resides or works for gain

2. Place where the Opposite Party ordinarily resides or carries on business or has a branch office or personally works for gain

3. the cause of action, wholly or in part, arises

Pecuniary Jurisdiction depends upon the value of the goods or services paid as consideration. While the Consumer Protection Act, 2019 defines the pecuniary jurisdiction of Consumer Commissions differently, The Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021 which followed revised the pecuniary jurisdiction for the three commissions as follows:

1. District Commissions: Where the value of the goods or services paid as consideration does not exceed Rs. 50 Lakhs;

2. State Commissions: Where the value of the goods or services paid as consideration is not less than Rs. 50 Lakhs but does not exceed Rs. 2 Crore; and

3. National Commission: Where the value of the goods or services paid as consideration is not less than Rs. 2 Crore.

 

What is the Limitation Period?

A consumer complaint should ordinarily be filed within two years from the date on which the cause of action arose.

If there is sufficient cause for delay, the Consumer Commission may condone the delay upon being satisfied with the explanation.

Step-by-Step Process of Filing a Consumer Complaint

Step 1: Collect All Relevant Documents

Step 2: Send a Legal Notice (Optional but Advisable)

Step 3: Draft the Consumer Complaint

Step 4: File Before the Appropriate Consumer Commission

The complaint may be filed physically or through the online consumer complaint portal wherever applicable.

Prescribed court fees must accompany the complaint which goes as follows:

S.NO.	VALUE OF GOODS OR SERVICES PAID AS CONSIDERATION	AMOUNT OF FEE PAYABLE
	DISTRICT COMMISSION
1.	Upto Rupees Five Lakh	NIL
2.	Above Rupees Five Lakh And Upto Rupees Ten Lakhs	Rs.200/-
3.	Above Rupees Ten Lakh And Upto Rupees Twenty Lakhs	Rs.400/-
4.	Above Rupees Twenty Lakh And Upto Rupees Fifty Lakh Rupees	Rs.1000/-
	STATE COMMISSION
5.	Above Rupees Fifty Lakh And Upto Rupees One Crore	Rs.2000/-
6.	Above Rupees One Crore And Upto Rupees Two Crore	Rs.2500/-
	NATIONAL COMMISSION
7.	Above Rupees Two Crore And Upto Rupees Four Crore	Rs.3000/-
8.	Above Rupees Four Crore And Upto Rupees Six Crore	Rs.4000/-
9.	Above Rupees Six Crore And Upto Rupees Eight Crore	Rs.5000/-
10.	Above Rupees Eight Crore And Upto Rupees Ten Crore	Rs.6000/-
11.	Above Ten Crore	Rs. 7500/-

Step 5: Admission of Complaint

Step 6: Written Version by Opposite Party

Step 7: Evidence

Step 8: Final Hearing

Step 9: Final Order

Can a Consumer File the Complaint Without a Lawyer?

Yes. One of the principal objectives of the Consumer Protection Act is to provide an inexpensive and accessible remedy. A consumer may appear personally before the Commission.

However, in matters involving substantial compensation, complex contractual disputes, medical negligence, builder-buyer disputes, insurance claims, or technical questions of law, engaging an experienced advocate is often beneficial.

Practical Tips Before Filing a Consumer Complaint

• Preserve every invoice and receipt.

• Keep written communication wherever possible.

• Take photographs or videos of defective goods.

• Avoid unnecessary delay in filing the complaint.

• Clearly quantify the compensation claimed.

• Organise all supporting documents chronologically.

• Explore settlement opportunities before initiating litigation.

• Seek legal advice where the matter involves complex legal or technical issues.