Consumer complaint format

What a consumer complaint is, and when it can be brought

Section 2(6) of the Act defines a complaint as an allegation in writing, made by a complainant, that one of six things has happened. A grievance falling outside that definition is not a complaint under this Act, whatever else it may be — which is the first thing that decides whether this format applies at all.

The six matters the Act lists are:

• An unfair contract, or an unfair or restrictive trade practice
• A defect in goods
• A deficiency in services
• A price charged in excess of what was fixed by law, displayed, or agreed
• Goods or services that are hazardous to life and safety
• A claim under the product liability chapter

Section 69 bars a Commission from admitting a complaint brought more than two years after the date on which the cause of action arose. A Commission may condone a delay beyond that period, but only by recording its reasons for doing so — so the two-year point is the date the rest of the format is measured against.

Which Commission hears the complaint

Two questions decide the Commission: how much the claim is worth, and where the complaint may be presented. They are answered by different provisions and a complaint has to satisfy both.

The value used is the consideration paid or agreed to be paid — not the compensation sought. On that measure the ladder runs:

• Up to and including ₹50,00,000 — the District Consumer Disputes Redressal Commission
• Above ₹50,00,000 and up to ₹2,00,00,000 — the State Consumer Disputes Redressal Commission
• Above ₹2,00,00,000 — the National Consumer Disputes Redressal Commission

Territorial jurisdiction is set by Section 34(2) for the District Commission and, in identical words, by Section 47(4) for the State Commission. Four grounds are available:

• Where the opposite party — or, where there is more than one, each of them — ordinarily resides, carries on business, has a branch office, or personally works for gain, as at the date the complaint is instituted
• Where any one of several opposite parties actually and voluntarily resides, carries on business, has a branch office, or personally works for gain — this ground is available only with the permission of the Commission
• Where the cause of action arose, wholly or in part
• Where the complainant resides or personally works for gain

How the filing process runs

The Act sets out the stages a proved complaint passes through. The form the document takes and the manner of presenting it are set by rules made under the Act and by the practice of the Commission it goes to, which vary — so what follows is the statutory shape, not a local procedure.

1. The complaint is drawn up in writing, satisfying the Section 2(6) definition and presented by a person Section 35(1) names.
2. The Commission is identified from the pecuniary ladder and one of the Section 34(2) territorial grounds.
3. The complaint is presented to that Commission, within the two-year period Section 69 allows from the date the cause of action arose.
4. The Commission admits the complaint, or declines to. Where it is brought beyond two years, admission requires the Commission to record its reasons for condoning the delay.
5. Notice issues to the opposite party, which is given an opportunity to answer.
6. The complaint is heard on the material both sides put before the Commission.
7. Where the complaint is proved, the Commission may make one or more of the orders listed in Section 39(1).

Section 39(1) lists what a District Commission may order where a complaint is proved — among them removing the defect, replacing the goods, returning the price paid, and paying compensation for loss or injury suffered. The Act states what a Commission may order; it does not state what a complaint has to ask for.

The documents and details a complaint rests on

The Act prescribes no list of documents. What follows is what such complaints carry, because the allegation has to rest on something a Commission can read.

• The particulars of the complainant and of the opposite party, with addresses
• The bill, invoice or receipt evidencing the consideration paid or agreed to be paid
• The order confirmation, warranty card, policy document or agreement, where one exists
• Correspondence with the opposite party about the defect or deficiency, and any reply
• Photographs, service reports or test results, where the allegation is about the condition of goods
• Anything establishing the date the cause of action arose, which is what the Section 69 period is measured from

Sample consumer complaint format

What follows is the set of elements a complaint under the Act contains, each with the provision requiring it. It is a description of the document, not a template to copy — the form a complaint is presented in is set by rules made under the Act and by the practice of the Commission it goes to.

It is in writing

The definition of a complaint in the Act is an allegation in writing. That is a requirement of the Act and not of any rule made under it.Section 2(6), Consumer Protection Act, 2019 (35 of 2019)

It alleges one of the six matters the Act lists

An unfair contract or an unfair or restrictive trade practice; a defect in goods; a deficiency in services; a price charged in excess of what was fixed, displayed or agreed; goods or services hazardous to life and safety; or a claim under the product liability chapter.Section 2(6), Consumer Protection Act, 2019 (35 of 2019)

It is presented by one of the persons Section 35(1) names

The consumer to whom the goods were sold or delivered or the service provided; a recognised consumer association, whether or not that consumer is a member of it; one or more consumers where there are numerous consumers having the same interest; or the Central Government, the Central Authority or a State Government.Section 35(1), Consumer Protection Act, 2019 (35 of 2019)

The Commission it is presented to

Which Commission a complaint of a given value lies to, and where it lies, are the pecuniary and territorial limits set out above.Section 34(2) (District Commission) and Section 47(4) (State Commission), Consumer Protection Act, 2019 (35 of 2019)

It is presented within the limitation period

A Commission does not admit a complaint after the period Section 69 allows from the date the cause of action arose, unless it records its reasons for condoning the delay.Section 69, Consumer Protection Act, 2019 (35 of 2019)

The relief sought

Section 39(1) lists the orders a District Commission may make where a complaint is proved. Such complaints state which of those is sought; the Act states what a Commission may order and not what a complaint has to ask for.Convention rather than law

The particulars of the complainant and of the opposite party

Who is complaining and who is complained against, with addresses. Nothing in the Act itself prescribes these; they are what such complaints carry.Convention rather than law

The documents the allegation rests on

The bill or invoice, the correspondence, and anything else the allegation rests on. The Act prescribes no list of documents.Convention rather than law

Common mistakes

• Reading the pecuniary limits off the bare Act. Sections 34, 47 and 58 as enacted read ₹1 crore and ₹10 crore, and the 2021 Rules replaced both. Most published copies still show the old figures.
• Measuring the claim by the compensation sought rather than by the consideration paid or agreed to be paid. The Act uses the second.
• Counting the two years from the date of purchase rather than from the date the cause of action arose.
• Treating the opposite party’s address as the only available forum, when Section 34(2)(d) allows the place where the complainant resides or personally works for gain.
• Relying on the second territorial ground — one of several opposite parties — without the permission of the Commission that ground requires.
• Bringing a grievance that falls outside the Section 2(6) definition. A dispute that is not about a defect, a deficiency, an unfair or restrictive practice, an excess price, a hazard or product liability is not a complaint under this Act.