Consumer forum: jurisdiction, fees and appeals

Which Commission hears the complaint

Value of goods or services paid as consideration

Why a published copy of the Act shows different limits

The limits in the table above are the ones now in force. They are not the figures printed in the Act itself: the Act as enacted set higher ones, and they were replaced by Rules made in 2021. A copy of the bare Act, including the official one, still prints the original figures, so a limit read off the section rather than off the Rules is out of date.

Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021 (G.S.R. 912(E), 30 December 2021)

Complaints about an unfair contract

Where the complaint may be filed

A consumer complaint is instituted before a Commission within whose local limits any of four things is true: (a) 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; (b) 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; (c) where the cause of action arose, wholly or in part; (d) where the complainant resides or personally works for gain. Ground (d) — where the complainant resides or works — was added by the 2019 Act and is often overlooked, since it means a dispute over a purchase made elsewhere can be heard locally. Source: Section 34(2) (District Commission) and Section 47(4) (State Commission), Consumer Protection Act, 2019 (35 of 2019) — confirm the forum with an advocate.

Clause ((a))

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 institutedSection 34(2) (District Commission) and Section 47(4) (State Commission), Consumer Protection Act, 2019 (35 of 2019)

Clause ((b))

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 CommissionSection 34(2) (District Commission) and Section 47(4) (State Commission), Consumer Protection Act, 2019 (35 of 2019)

Clause ((c))

where the cause of action arose, wholly or in partSection 34(2) (District Commission) and Section 47(4) (State Commission), Consumer Protection Act, 2019 (35 of 2019)

Clause ((d))

where the complainant resides or personally works for gainSection 34(2) (District Commission) and Section 47(4) (State Commission), Consumer Protection Act, 2019 (35 of 2019)

Section 53(2), Consumer Protection Act, 2019 (35 of 2019) — the National Commission ordinarily functions at the National Capital Region

Appeals

The fee on the complaint

Rule 7(2), Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020, as substituted by the Consumer Protection (Consumer Disputes Redressal Commissions) (Amendment) Rules, 2023

Not established

• What an appeal to the State or National Commission, or an application made during the proceeding, carries is not established here; nor is the mode of payment where a Commission has not arranged to take the fee electronically, which is that Commission's own practice. No figure is stated for either.

Related guides

• Time limits in a consumer complaint matter
• Free legal aid: who qualifies, and the income limits