• 17 Apr 2025

Know Your Rights: How to file Consumer Complaints in India

Who is consumer as per the law?

The Consumer Protection Act of 1986 under section 2 (1) (d) and the amended Consumer Protection Act under section 2 (7) defines Consumer and also who is not a Consumer. 

According to both definitions provides that a Consumer is any person who purchases goods or avails services for any consideration; however, any person purchasing goods or availing services for resale or any “commercial purpose” to make profit/gain is not a consumer. Further the Explanation in definition provides, clarifies that despite buying goods or availing services a person would still be classified as a consumer (under both the Acts) if these goods or services constitute a source of livelihood by means of self-employment. The Act does not provide any definition for “commercial purpose” but the same has bee provided by the Supreme Court in   multiple cases. 

In Laxmi Engineering Works v PSG Industrial Institute (“Laxmi Engineering”) (1995 3 SCC 583), the Supreme Court held that “commercial purpose” under the consumer law framework must be case-specific and depend entirely on the details presented in each individual case regarding the goods bought and services availed. The Court also observed that a person purchasing goods to conduct any large-scale activity with the intent of extracting profit would not be categorised as  “consumer” under this Act. The Court also reiterated above position in Paramount Digital Colour Lab v AGFA India (P) Ltd. (“Paramount”) (2018 14 SCC 81). 

In the Lilavati Kirtilal Mehta Medical Trust v Unique Shanti Developers and Others (“Lilavati ”) (2020 2 SCC 265) case on the purchase of flats by the Lilavati Kirtilal Mehta Medical Trust, the Court ruled on whether such a transaction could be excluded from the ambit of “consumer” under Section 2(1)(d) of the Act.  The Court stated that the term “consumer” under the Act applies to any person engaged in commercial activities who has purchased goods or availed services for personal use or consumption or for use by a beneficiary and which cannot be linked to their regular profit-generation activities. In this case to the court laid 2 tests to identify “commercial purpose” : 

1. Close and direct nexus to profit generation; &
2. Dominant intention or purpose to gain profits/ facilitating profits 

Who can make a complaint in Consumer Cases in accordance with the Consumer Protection Laws? 

1. a consumer; or 
2. any voluntary consumer association registered under any law for the time being in force; or 
3. the Central Government or any State Government; or
4. the Central Authority; or 
5. one or more consumers, where there are numerous consumers having the same interest; or 
6. in case of death of a consumer, his legal heir or legal representative; or 
7. in case of a consumer being a minor, his parent or legal guardian;

(Source: Section 2(5), Consumer Protection Act, 2019)

• What is deficiency of service?

According to S. 2 (11) of the Consumer Protection Act, 2019: "Deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes— 

1. any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and 
2. deliberate withholding of relevant information by such person to the consumer

• Who all can be liable in a product liability action? 

Manufacturer or a product service provider or a product seller. 

(Source: https://consumeraffairs.nic.in/)

• What grounds can Complainant claim compensation product manufacturer? 

1. A product manufacturer shall be liable in a product liability action, if— 
2. the product contains a manufacturing defect; or 
3. the product is defective in design; or 
4. there is a deviation from manufacturing specifications; or 
5. the product does not conform to the express warranty; or 
6. the product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage.

2. A product manufacturer shall be liable in a product liability action even proves that he was not negligent or fraudulent in making the express warranty of a product.

(Source: https://consumeraffairs.nic.in/) 

• When can I claim compensation from product service provider? 

A product service provider shall be liable in a product liability action, if— 

1. the service provided by him was faulty or imperfect or deficient or inadequate in quality, nature or manner of performance which is required to be provided by or under any law for the time being in force, or pursuant to any contract or otherwise; or 
2. there was an act of omission or commission or negligence or conscious withholding any information which caused harm; or 
3. the service provider did not issue adequate instructions or warnings to prevent any harm; or d. the service
4. the service did not conform to express warranty or the terms and conditions of the contract.

(Source: https://consumeraffairs.nic.in/) 

• When can I claim compensation from seller? 

A product seller who is not a product manufacturer shall be liable in a product liability action, 

• if he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm; or 
• he has altered or modified the product and such alteration or modification was the substantial factor in causing the harm; or 
• he has made an express warranty of a product independent of any express warranty made by a manufacturer and such product failed to conform to the express warranty made by the product seller which caused the harm; or 
• the product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him or 
• he is not subject to the law which is in force in India or the order, if any, passed or to be passed cannot be enforced against him; or 
• he failed to exercise reasonable care in assembling, inspecting or maintaining such product or he did not pass on the warnings or instructions of the product manufacturer regarding the dangers involved or proper usage of the product while selling such product and such failure was the proximate cause of the harm.

(Source: https://consumeraffairs.nic.in/) 

• What is unfair trade practices?

Have you ever lost Baggage in Airlines due to the Airlines misplacing it? Something similar happened in Rajeev Sharma v. Go Airlines (Order by District Consumer Dispute Redressal Commission, U.T. Chandigarh dated 07/08/2023): 

Facts:
The Complainant booked flight tickets for his vacation to Bangkok and paid Rs. 22,276/- for the flight tickets. After boarding the flight, he checked in his luggage at Delhi Airport with Go Airlines. The bag contained 5 shirts, 5 pants, 7 sets of underwear, a shaving kit, 3 tracksuits, and 500 USD in cash. Upon arrival in Bangkok, he was shocked to discover that his luggage was missing. He promptly reported the loss to the authorities at Bangkok Airport and was assured that his baggage would be returned. The Complainant filed the consumer complaint with the District Commission since the luggage has not been returned to him till date.

Outcome of the case: 

The District Dispute Redressal Commission held Go Airlines responsible for unfair trade practices and deficiency in service. It directed Go Airlines to pay the complainant Rs. 4000/- as compensation with interest at a rate of 9% per annum, along with Rs. 10,000/- as compensation for mental distress and harassment. Moreover, Go Airlines was directed to reimburse the complainant Rs. 7000/- to cover the litigation costs.

(Case access also available on: https://www-livelaw-in.elibrary.siu.edu.in/ )

So let’s know what amounts to an unfair trade practice from section 2(47) of Consumer Protection Act, 2019: 

The term “unfair trade practice” under Section 2(47) of the Consumer Protection Act, 2019 refers to any trade conduct adopted by a manufacturer, trader or service provider for the purpose of promoting the sale, use or supply of any goods or services through methods that are deceptive, misleading, fraudulent or unethical. It includes the making of false or misleading statements about the standard, quality, quantity, grade, composition, model or style of goods or services, falsely claiming old or refurbished goods as new, misrepresenting sponsorships, affiliations, benefits or performance characteristics, and creating a false impression regarding the need for or usefulness of a product or service. It also covers unsubstantiated guarantees or warranties, pricing misrepresentations, and denigrating the goods or services of another party through misleading facts. 

The provision further includes the advertisement of “bargain prices” without a genuine intent to offer goods at such prices or without reasonable quantities, as well as schemes offering gifts, prizes, or “free” products which are either not actually intended to be given or where the cost is indirectly recovered from consumers. The law also prohibits the non-disclosure of contest results, the sale of goods in violation of mandatory safety standards where such goods may pose risks, and market manipulations through hoarding or refusal to sell. It criminalises the manufacture or sale of spurious goods and the use of deceptive means in providing services. Additionally, the failure to issue bills or cash memos, refusal to accept return of defective goods or deficient services and to refund the consideration within the stipulated time, and the unauthorised disclosure of personal information shared by consumers in confidence, all fall within the ambit of “unfair trade practice” as defined under this provision.

Example- Recently in the case of Godrej Properties Developers Ltd. v. Anil Karlekar & Ors.  (2025 2 SCR 343) the Supreme court of India held that: Earnest money/caution money forfeited upon flat booking cancellation must be reasonable and not excessive enough to be considered a penalty under Section 74 of the Contract Act, 1872. The Supreme Court criticized real-estate developers for including one-sided, excessive forfeiture clauses in builder-buyer agreements, deeming them "unfair trade practices" as per the Consumer Protection Act.

Reference by Apex Court, was drawn from the case of Pioneer Urban Land and Infrastructure Limited (2019 5 SCC 725) followed by  Wing Commander Arifur Rahman Khan and Aleya Sultana and Ors. v. DLF Southern Homes Pvt Ltd. (2020 16 SCC 512) and  Ireo Grace Realtech Private Limited v. Abhishek Khanna (2021 3 SCC 241) to hold that the incorporation of one-sided and unreasonable clauses in the Apartment Buyer's Agreement constitutes an “unfair trade practice” under the consumer protection laws.

• Does consumer need an advocate to represent his case in the Commission?

Consumer Commissions are quasi-judicial bodies to provide simple and speedy justice. These have been kept free from the complicated judicial procedures. The manner is quite informal and free from the shackles of the Civil Court. There is no need for an advocate or any other pleader and consumer can himself or through his representative file and represent his complaint.

• What are the steps of Consumer Complaint Grievance Redressal and E-filing/Offline filing for Consumer Complaints in India? 

To resolve a Consumer Complaint in India, the following steps must be followed: 

Step 1: Attempt to Resolve the Issue with the Seller/Service Provider

Before filing a formal complaint, try to resolve the issue directly with the seller, manufacturer, or service provider. Keep records of emails, receipts, and communication.

Step 2- Register Grievance

• Visit: https://consumerhelpline.gov.in/ 

• When you visit the link the following site will appear,

• A chatbot called as Jagriti is also available to assist you file the Grievance. 

• To register the grievance the following steps can be followed: 

• Through these portals, even any action on Grievance can also be tracked. 

File a Complaint Online through “Jagriti Website” or Offline 

• Gather Evidence

• Collect all relevant documents, including:

• Purchase receipts or invoices
• Warranty/guarantee cards
• Communication with the seller/service provider
• Any other supporting documents

Step 1: Draft a Complaint

Your complaint should include:

• Your name, address, and contact details
• Details of the seller/service provider
• Details/Description of the issue
• Evidence supporting your claim/cause/issue
• Relief sought (refund, replacement, compensation, etc.)

Step 2: Filing of Complaint 

Online Filing:

• To bring ease for consumers, the provision for online consumer complaints was initiated with the  launch of E-Daakhil Portal by the National Consumer Disputes Redressal Commission in 2020. It covers all States and Union Territories. The E-Daakhil Portal is relabelled as E-Jagriti Portal.

Let’s understand the filing with following steps: 

1. Visit the Official Website at e-jagriti.gov.in.
2. The home page of E Jagriti portal will look like the image here. Click on the Login/Sign Up button as highlighted on the top right corner. 

1. The next page requires the user to enter login details. If you are already registered, you may proceed to E Jagriti login with Registered Mobile Number and Password/OTP and continue. If you are not registered on the Portal for Consumer Complaints, i.e., E-Jagriti Portal, you may click on the Register Button on top at the middle of the screen as shown in the image below.

1. For fresh registration at ejagriti . gov.in , you will have to enter your Mobile Number, email address and full name. Then, you will get a One Time Password (OTP) on your mobile number as well as the email entered during registration. 

1. After entering the OTP, you will be required to create a password. You will also have to select your role for the purpose of Online Consumer Complaint. 

To be specific, the role could be a consumer himself/herself, an authorised representative of a consumer, a company, or an advocate, as the case may be. 

1. After continuing, you will be required to enter certain personal information after E-Jagriti login. Your name and mobile number, email address and role, since already entered, will appear auto-filled. 
2. The next step requires you to provide your address – Business/Permanent/Present Address, as the case may be. You need to enter your address specific to house no., street, landmark, PIN Code. After entering the PIN Code, State will be automatically selected and you will get the drop-down options of district, Post Office and Police Station. Here, some details are mandatory which are starred, and others may be skipped. While entering the address information, please be careful, since this will be used for any further communication in furtherance of Consumer Court proceedings.
3. At last, you will have to upload documents to identify yourself. Here, you may use one of the Government issued identity proofs such as Aadhar Card, Driver’s License, Passport, etc. After selecting the ID option, you need to enter ID number and also upload ID proof in PDF format only. The size of the file also needs to be within 10 MB. This is the last step for User Registration at the Online Consumer Complaints Portal – E-Jagriti.
4. After completion of registration, you will be logged out of the portal. You will be required to login at the portal with your registered Mobile Number and password. You will be directed to your dashboard which looks like the image below. On the left pane, you will find the option to “File New Case”. Click on It. If you have an ongoing case, or draft complaint, etc., all such information reflects on the dashboard only. 
5. After clicking on the ‘File New Case’ option, you will be taken to another page where you will have to select the case type. If it is a totally fresh case, you have to select the option of “Consumer Complaint”. Other options include Transfer Application, First Appeal, Interlocutory Application, etc. 
6. After selecting Consumer Complaint, you will see a list of documents which you will be required to submit for making an online consumer complaint. It includes an Index, Proforma, Memo of Parties, Synopsis of Dates and Events, Vakalatnama, etc.
7. Now, the filing process starts for Consumer Complaint Online. You need to provide the amount of consideration paid and the amount claimed in furtherance of Consumer Complaint. You also need to select the date, State and district of cause of action. This is for the purpose of deciding the jurisdiction of the matter.  This is followed by selecting the suitable Case Category and Sub-Category based on the factual details. Case Category such as Agency Services, defective goods, FMCG, Life Insurance, etc. In the sub category, you have to select options in more specificity. For example, for Banking’ category, the sub category includes ATM/Debit Card, E-Wallet, Loans, etc. 
8. It may be noted that the amount involved here is the base for deciding the Court fee and also the Jurisdiction, whether it would be District Consumer Forum, State or National Consumer Disputes Redressal Commission, as the case may be.  
9. The next step requires to enter details of yourself, the complainant, and the details of the Opposite Party. You also need to add Advocate Details which are mandatory to proceed further, as reflected in red boxes in the image below. 
10. Since there could be more than one complainants in a particular matter, the portal gives option to provide details of additional complainant.
11. Since there could be more than one Opposite Parties against which legal recourse is sought in the form of Consumer Complaint, there is an option to select Additional Opposite Parties.
12. The next and last step requires uploading of relevant documents, whose list was shared at the very beginning of filing Consumer Complaint Process. Here, images of all the documents need to be uploaded in PDF format. Apart from those specified, there is option to add additional documents as well.

After uploading all the relevant documents for Online Consumer Court Complaint at E-Jagriti Portal, you have to do the final submission and Check Out. 

Offline Filing:

Most of the consumer commissions ask for filing of physical copy of the complaint after online filing and this step can be done by physically visiting that Consumer Dispute Redressal Commission. To understand which forum does the complaint needs to filed can be understood from the following question. 

Step 6: Appear for Hearings

Once the complaint is filed, the Commission will notify the opposite party and schedule hearings. If needed, you may hire a lawyer.

Step 7: Enforcement of the Order

If the order is in your favor and the opposite party does not comply, you can file an execution petition for enforcement.

• Where is the Jurisdiction of your matter? 

1. Territorial Jurisdiction (Where to file your case?) (S.34 of the Consumer protection Act, 2019)

A complaint can be filed where: 

• the complainant resides or personally works for gain, or
• the cause of action, wholly or in part, arises, or
• the opposite party ordinarily resides or carries on business or has a branch office or personally works for gain, or
• any of the opposite parties ordinarily resides or carries on business or has a branch office or personally works for gain but only with the permission of Commission.

1. Pecuniary Jurisdiction 

1. District Consumer Commission – If the claim is up to ₹50 lakh.
2. State Consumer Commission – If the claim is between ₹50 lakh to ₹2 crore.
3. National Consumer Commission – If the claim exceeds ₹2 crore.

For determining the value of the Complaint, the pecuniary jurisdiction of the District Commission, State Commission or National Commission, the value of the goods or services paid as consideration alone has to be taken and not the value of the goods or services purchased/ taken. This was held National Consumer Disputes Redressal Commission in M/S Priyadevi Chabiraj Steels Pvt. Ltd. v. National Insurance Corporation Ltd. decided on 28th August 2020 in para 8 and para 10.

• What are the types of relief/remedies claimed under Consumer Cases?  

The following are the remedies available to a Consumer as an outcome to a Consumer Dispute:

1. Removal of defects from the goods;
2. Replacement of the goods;

iii. Refund of the price paid;

1. Removal of defects or deficiencies in the services;
2. Award of compensation for the loss or injury suffered;
3. Discontinue and not to repeat unfair trade practice or restrictive trade practice;

vii. To withdraw hazardous goods from being offered for sale;

viii. To cease manufacture of hazardous goods and desist from offering services which are

hazardous in nature;

1. If the loss or injury has been suffered by a large number of consumers who are not

identifiable conveniently, to pay such sum (not less than 25% of the value of such

defective goods or services provided) which shall be determined by the Commission;

1. To issue corrective advertisement to neutralize the effect of misleading advertisement;
2. To provide adequate costs to parties.

(Source: https://consumeraffairs.nic.in/) 

• What if the consumer is not satisfied with the order of the Consumer commission? 

Any consumer who is aggrieved by the order of a commission can prefer an appeal in the higher commission within a period of thirty days from the date of the order. The appeal can be preferred 

• against order of the District Commission before the State Commission 
• against order of the State Commission before the National Commission 
• against order of the National Commission before the Supreme Court

(Source: https://consumeraffairs.nic.in/ )

• What is usually the Filing Fees for Consumer Cases in India? 

In India, Department of Consumer Affairs, Government of India, regulates the fees payable for filing Consumer cases and regularly updates the same. For reader reference for a tentative idea on chargeable fees the following fess gives the idea depending on the value of the complaint. 

• What rights are Consumer rights guaranteed in India to a Consumer through Consumer Protection Act, 2019? 

Consumer is having the following six consumer rights under the Act:

• Right to Safety 
• Right to be Informed 
• Right to Choose 
• Right to be heard 
• Right to seek Redressal 
• Right to Consumer Awareness  

1. Does consumer need an advocate to represent his case in the Commission? 

Consumer Commissions are quasi-judicial bodies to provide simple and speedy justice. These have been kept free from the complicated judicial procedures. The manner is quite informal and free from the shackles of the Civil Court. There is no mandate for an advocate or any other pleader and consumer can himself or through his representative file and represent his complaint. Yet, if there are complexities involved, the Complainant, can prefer a professional advice, through an Advocate or can even prefer, to get his case represented through an Advocate. 

For queries or comments, write to us at: team@legalcommentary.in

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The contents in this article are just for informational purposes only. Efforts have been made to ensure the accuracy and reliability of information, the author(s) and publisher do not guarantee its completeness or precision. Any matter written in this article does not express the opinion of the author or the publisher. Additionally, it does not reflect the views of the organisation. Readers should self-analyse the information and perceive accordingly. The author(s), The publisher and the organisation are not responsible for any losses or damage occurring due to the interpretation of the article.