HOW TO FILE A COMPLAINT IN CONSUMER COURT IN INDIA: STEP-BY-STEP GUIDE

Consumers today are more informed and empowered than ever before. Yet, there are times when a product or service fails to meet expectations, or a business engages in unfair trade practices. To safeguard consumers’ interests, the Government of India has established consumer courts under the Consumer Protection Act, 2019. These forums provide an accessible and cost-effective mechanism for redressal of grievances. This article explains how to file a case in a consumer court in India, the consumer court case-filing process, and the procedure for filing a complaint in a consumer court, both online and offline.

Platforms like TMWala can help consumers by guiding them through each stage of filing a complaint, offering step-by-step assistance, and ensuring all documents are correctly prepared to strengthen the case.

UNDERSTANDING THE CONSUMER COURT SYSTEM

Consumer courts in India function at three levels: District, State, and National Commissions. The jurisdiction of these forums depends on the value of the goods or services and the compensation claimed:

1. District Commission – For claims up to ₹50 lakh.
2. State Commission – For claims between ₹50 lakh and ₹2 crore.
3. National Commission – For claims exceeding ₹2 crore.

These forums aim to provide simple, speedy, and inexpensive justice to consumers.

HOW TO FILE A CASE IN THE CONSUMER COURT IN INDIA

Consumers can file their complaints either offline, by submitting documents at the concerned commission’s office, or online, through the government’s E-Daakhil portal (www.edaakhil.nic.in). The process is designed to be straightforward and consumer-friendly, allowing individuals to represent themselves without necessarily hiring a lawyer.

Step 1: Draft the Complaint

The first step in the consumer court case filing process is to draft a detailed complaint. The complaint should clearly mention:

• Names, addresses, and contact details of both the complainant and the opposite party.
• Facts of the case, including details of purchase, nature of the grievance, and dates of relevant transactions.
• Supporting evidence such as invoices, bills, warranty cards, photos, screenshots, or communication records.
• Relief sought, which may include refund, replacement, compensation, or damages for mental or financial loss.

The complaint should be precise, factual, and supported by documentary proof to strengthen the case.

Step 2: Attach Relevant Documents

Attach copies of all documents that support your claim. These may include:

• Proof of purchase or service, such as bills or receipts.
• Communication records, like emails or chat screenshots, show attempts to resolve the issue.
• An affidavit affirming that the statements made in the complaint are true to the best of your knowledge.

These attachments act as evidence and are crucial for the court to assess the legitimacy of your claim.

Step 3: Choose the Correct Forum

Selecting the right forum is an essential part of the procedure to file a complaint in the consumer court. As mentioned earlier, the jurisdiction depends on the value of the claim. Filing in the correct forum ensures that your case is heard by the appropriate authority and prevents delays or dismissal on technical grounds.

Step 4: Pay the Court Fee

A nominal court fee must be paid along with the complaint. The current fee structure (which may vary slightly between states) is as follows:

The fee can be paid through a demand draft, postal order, or online, depending on the mode of filing.

Step 5: Attend Hearings and Submit Evidence

Once the complaint is accepted, both parties are notified, and hearings commence. Consumer court proceedings are less formal compared to civil courts. The complainant can either appear in person or engage a lawyer. During hearings, both sides present evidence and arguments. The court may order mediation, inspection, or expert opinion if required.

After reviewing the evidence, the court issues a judgment, which may include a refund, replacement, or compensation.

TIME LIMIT FOR FILING A COMPLAINT IN THE CONSUMER COURT

The time limit for filing a complaint in a consumer court is two years from the date on which the cause of action arises. This means that the complaint should be lodged within two years of the incident or grievance. However, if there is a genuine reason for delay, the court has the discretion to condone it, provided the complainant gives sufficient justification in writing.

FILING A COMPLAINT ONLINE

The government’s E-Daakhil platform simplifies the filing process by allowing consumers to register their complaints digitally. Through the portal, consumers can:

• File complaints online without visiting the court.
• Upload documents and supporting evidence.
• Track the progress of their case in real time.
• Receive updates and notices electronically.

This initiative promotes transparency, accessibility, and efficiency in the redressal process. Read More: Press Release: Press Information Bureau

CONSUMER HELPLINE NUMBER INDIA

For immediate assistance or preliminary advice, consumers can contact the National Consumer Helpline. The consumer helpline number in India is 1800-11-4000. Consumers can also send complaints via SMS or register them online at the helpline’s official website (consumerhelpline.gov.in). The helpline guides on rights, procedures, and appropriate remedies before formal filing.

CONSUMER RIGHTS IN INDIA

Understanding your rights is the first step toward effective consumer protection. The consumer rights in India, as defined under the Consumer Protection Act, 2019, include:

• Right to Safety – Protection against hazardous goods and services.
• Right to be Informed – Access to accurate information about product quality, quantity, and price.
• Right to Choose – Access to a variety of goods and services at competitive prices.
• Right to be Heard – Assurance that consumer grievances will be considered.
• Right to Seek Redressal – Legal remedy against unfair trade practices and exploitation.
• Right to Consumer Education – Knowledge and awareness of consumer rights and responsibilities.

These rights empower consumers to make informed decisions and hold businesses accountable. Read More: Consumer Rights

TMWala helps consumers understand their rights clearly, making it easier to take informed steps when filing a complaint.

TYPES OF CONSUMER COMPLAINTS

The types of consumer complaints recognized under the Act generally fall into the following categories:

• Defective Goods – Products that are faulty, damaged, or unsafe.
• Deficient Services – Poor quality or delayed services, such as defective repairs or delayed deliveries.
• Unfair Trade Practices – Misleading advertisements, false claims, or mis-selling.
• Overcharging – Charging more than the maximum retail price or agreed rate.

Such complaints arise when a consumer feels cheated, harassed, or dissatisfied after purchasing a product or availing a service.

CONCLUSION

Filing a complaint in a consumer court is a straightforward and accessible process aimed at protecting consumer interests. With the advent of online platforms like E-Daakhil and support services such as the National Consumer Helpline, redressal mechanisms are now more efficient and consumer-friendly.

Understanding how to file a case in a consumer court in India, being aware of the procedure to file a complaint in a consumer court, and knowing your consumer rights in India are essential to ensure fair treatment and accountability in the marketplace. Every consumer has the right to seek justice and contribute to a more transparent and responsible consumer ecosystem.

Services like TMWala can assist consumers at every stage, from preparing complaints to tracking case progress, ensuring that justice is accessible and efficient.

FAQs

1. What is a consumer court in India?
   A forum established under the Consumer Protection Act, 2019, to resolve consumer grievances.
2. Which consumer court should I approach?
   District Commission for claims up to ₹50 lakh, State Commission for ₹50 lakh–₹2 crore, National Commission for claims above ₹2 crore.
3. How do I file a complaint in a consumer court?
   You can file offline at the court office or online via the E-Daakhil portal (www.edaakhil.nic.in).
4. What details are needed in a consumer complaint?
   Complainant and opposite party info, facts of the case, evidence, and relief sought.
5. What documents should I attach to my complaint?
   Invoices, bills, warranty cards, communication records, and an affidavit.
6. How much is the court fee for filing a complaint?
   Fees range from ₹200 to ₹2,000 depending on the claim amount.
7. What is the time limit to file a consumer complaint?
   Complaints must be filed within 2 years of the date of the incident.
8. Can I track my complaint online?
   Yes, using the E-Daakhil portal, you can track progress and receive updates.
9. What types of complaints can be filed?
   Defective goods, deficient services, unfair trade practices, and overcharging.
10. How can TMWala help with consumer complaints?
    TMWala guides consumers through filing, document preparation, and case tracking.