Consumer explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A consumer complaint is filed under section 35 of the Consumer Protection Act, 2019 before a District, State or National Consumer Disputes Redressal Commission. This guide follows the steps in the order the Act and the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020 set them: who can file, the time limit, the fee, admission, hearing, the order and appeal. No guide can promise a result; what the text does fix is the dates and the papers, and those are within your control. If you would rather have it prepared for you, see our consumer complaint filing service.
A complaint must be filed within two years from the date on which the cause of action arose (section 69(1)). The fee depends on the value of the goods or services paid as consideration and runs from nil (up to five lakh rupees) to Rs. 7,500 (above ten crore rupees) under the Table in rule 7, as substituted on 17 August 2023. Admissibility is ordinarily decided within twenty-one days (section 36(2)); the opposite party gets thirty days, extendable by up to fifteen, to reply (section 38); an appeal from the District Commission lies within forty-five days (section 41).
Step 1: check that you can file
Section 35(1) lets a complaint be filed by:
- the consumer to whom the goods were sold or delivered, or the service provided, or agreed to be, or who alleges an unfair trade practice;
- any recognised consumer association, whether or not the consumer is its member (a voluntary consumer association registered under any law in force);
- one or more consumers, where numerous consumers have the same interest, with the permission of the Commission, on behalf of all of them; or
- the Central Government, the Central Authority or the State Government.
See section 35.
Step 2: check the time limit
A Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen (section 69(1)). A later complaint may be entertained if the complainant satisfies the Commission that there was sufficient cause, and the Commission must record its reasons for condoning the delay (section 69(2)). Details are in section 69.
Step 3: pick the Commission
The Commission is fixed by the value of the goods or services paid as consideration: up to fifty lakh rupees, District; above fifty lakh and up to two crore rupees, State; above two crore rupees, National (rules 3 to 5 of the Jurisdiction Rules, 2021). The place is fixed by section 34(2) and includes where the complainant resides or works for gain. Both are explained in which Commission has jurisdiction.
Step 4: prepare the complaint
Rule 12(1) lists what a complaint contains, and rule 12(9) applies the same procedure, with necessary modifications, to the State and District Commissions:
- the name, description and address of the complainant;
- the name, description and address of the opposite party or parties, so far as they can be ascertained;
- the facts relating to the complaint and when and where it arose;
- the documents in support of the allegations; and
- the relief claimed.
Every complaint is heard on the basis of affidavit and documentary evidence placed on record (section 38(6)), so the documents filed with the complaint carry the case. The reliefs a Commission may order are listed in section 39.
Step 5: pay the fee
Section 35(2) requires the prescribed fee. Rule 7(1) gives the Table below, as substituted by G.S.R. 606(E) dated 17 August 2023; it is the current Table.
| Value of goods or services paid as consideration | Fee payable |
|---|---|
| Up to rupees five lakh | Nil |
| Above five lakh and up to ten lakh | Rs. 200 |
| Above ten lakh and up to twenty lakh | Rs. 400 |
| Above twenty lakh and up to fifty lakh | Rs. 1,000 |
| Above fifty lakh and up to one crore | Rs. 2,000 |
| Above one crore and up to two crore | Rs. 2,500 |
| Above two crore and up to four crore | Rs. 3,000 |
| Above four crore and up to six crore | Rs. 4,000 |
| Above six crore and up to eight crore | Rs. 5,000 |
| Above eight crore and up to ten crore | Rs. 6,000 |
| Above ten crore | Rs. 7,500 |
Read with the Jurisdiction Rules, 2021, the first four rows fall before the District Commission, the next two before the State Commission and the last five before the National Commission.
Mode of payment (rule 7(1)): a crossed demand draft drawn on a nationalised bank, or a crossed Indian Postal Order, in favour of the President of the District Commission or the Registrar of the State or National Commission, payable at the place where that Commission is situated; or electronic mode as per the arrangement made by the Commission concerned. See rule 7.
Example: Rohan paid Rs 8 lakh for a car and complains of a manufacturing defect. The complaint goes to the District Commission and the fee is Rs. 200.
Step 6: present the complaint
Rule 12(1) says a complaint is presented by the complainant in person or by his agent, or sent by registered post addressed to the Commission. The proviso to section 35(1) adds that a complaint may be filed electronically in the prescribed manner, and rule 8 says electronic filing is effective from such date and for such category of cases as the President of the National Commission notifies. The Act and the Rules print no portal steps; see rules 8 to 10.
Step 7: admission, reply and hearing
| Stage | What the Act prints | Provision |
|---|---|---|
| Admission | Admit or reject by order; no rejection without hearing the complainant; admissibility ordinarily decided within twenty-one days of filing, failing which the complaint is deemed admitted | Section 36(2), (3) |
| Mediation | If elements of a settlement appear, parties may be directed to give written consent within five days | Section 37 |
| Reply of opposite party | Thirty days, or an extended period not exceeding fifteen days | Section 38(2)(a), (3)(a) |
| No reply | The Commission proceeds ex parte on the complainant's evidence | Section 38(3)(b)(ii) |
| Complainant absent on the date of hearing | The complaint is decided on merits | Section 38(3)(c) |
| Goods needing a test | Sample sent to the appropriate laboratory; report within forty-five days or extended time; the complainant deposits the laboratory fee | Section 38(2)(c), (d) |
| Decision | Endeavour to decide within three months of the opposite party receiving notice, or five months where testing is needed | Section 38(7) |
Adjournments are not ordinarily granted without sufficient cause and recorded reasons (first proviso to section 38(7)). A hearing in person or by video conferencing may be allowed on application, for sufficient cause (proviso to section 38(6)). Sections 49 and 59 apply sections 35 to 39 to the State and National Commissions. The stages are covered in section 36 and section 38.
Step 8: order, enforcement and appeal
An order is enforced by the Commission in the same manner as a decree of a court (section 71). An appeal from the District Commission lies to the State Commission within forty-five days from the date of the order; from the State Commission's order on an original complaint to the National Commission within thirty days; and from the National Commission's order on an original complaint to the Supreme Court within thirty days (sections 41, 51(1), 67). A party ordered to pay must deposit fifty per cent. of the amount before its appeal is entertained.
Common mistakes
- Filing after two years without an application explaining the delay (section 69).
- Working out the fee or the Commission from the compensation claimed instead of the consideration paid.
- Using fee slabs grouped at the old one crore and ten crore limits; the 2023 Table is the current one.
- Leaving out documents and relying on oral explanation; section 38(6) makes affidavit and documents the basis of the hearing.
- Missing the hearing date: the complaint may then be decided on merits in the complainant's absence.
Need help filing?
The dates, the fee row and the documents decide whether a complaint is admitted and heard on its merits. Our consumer complaint filing team drafts the complaint and affidavit, attaches the record and files it before the Commission that has jurisdiction.
Key takeaways
- Who can file: section 35(1).
- Time limit: two years from the cause of action, with condonation on sufficient cause (section 69).
- Fee: nil up to five lakh rupees, then Rs. 200 to Rs. 7,500 by slab (rule 7, 2023 Table).
- Admission ordinarily within twenty-one days; reply in thirty days plus up to fifteen.
- Appeal: forty-five days to the State Commission; thirty days at the next two levels.
Read next
- Rules 1 to 5 of the Jurisdiction Rules, 2021: the fifty lakh and two crore limits
- Rule 12: complaints before the National Commission
- Sections 40 and 41: review and appeal against a District Commission order
- Section 71: enforcement of Commission orders
Disclaimer: Based on the Consumer Protection Act, 2019 as enacted, the Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020 as amended up to G.S.R. 606(E) dated 17 August 2023, and the Jurisdiction Rules, 2021 (G.S.R. 912(E) dated 30 December 2021). Later amendments, and the notifications on electronic filing, should be checked on the Department of Consumer Affairs and National Commission websites. This article is general information, not legal advice.