CBD Belapur, Navi Mumbai +91 91373 40133 [email protected]

Consumer Cases

Complaints and defence before the District, State and National Consumer Disputes Redressal Commissions for defective goods, deficient services and unfair trade practices.

Overview

The Consumer Protection Act, 2019 gives consumers a quick and inexpensive remedy against sellers and service providers. Complaints can be filed for defective goods, deficiency in service, unfair trade practices, overcharging and misleading advertisements.

The Counsel represents consumers and businesses in matters involving builders and housing, insurance claims, banking and finance, telecom, travel, education, medical services and e-commerce. We draft complaints and replies, lead evidence and argue before the consumer commissions.

Services

Defective Goods Complaints
Deficiency in Service Claims
Builder & Housing Disputes
Insurance Claim Rejections
Banking & Finance Disputes
E-commerce & Online Purchase Disputes
Unfair Trade Practices
Defence of Complaints for Businesses

Consumer Complaint Process

1

Legal Notice

A legal notice is usually sent to the seller or service provider first, giving them a chance to resolve the grievance.

2

Choose the Commission

The complaint is filed before the District, State or National Commission depending on the value of goods or services paid for.

3

Filing the Complaint

The complaint is filed with supporting documents, physically or online through the e-Daakhil portal, along with the prescribed fee.

4

Admission & Notice

The Commission admits the complaint and issues notice to the opposite party, who must file a written reply.

5

Evidence & Hearing

Both sides file evidence by affidavit and documents, followed by arguments. Mediation may be offered where suitable.

6

Order & Appeal

The Commission passes an order, which may include replacement, refund, compensation and costs. Appeals lie to the next higher Commission.

File Within Two Years

A consumer complaint must generally be filed within two years from the date the cause of action arose. Delay can be condoned only for sufficient cause, so act promptly.

Applicable Legislation

  • Consumer Protection Act, 2019
  • Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020
  • Consumer Protection (E-Commerce) Rules, 2020
  • Consumer Protection (Mediation) Rules, 2020

Frequently Asked Questions

Which commission should I approach?
It depends on the value of the goods or services paid for. Under the current limits, the District Commission hears complaints up to ₹50 lakh, the State Commission from ₹50 lakh to ₹2 crore, and the National Commission above ₹2 crore.
Can I file the complaint where I live?
Yes. Under the 2019 Act, a complaint can be filed where the complainant resides or personally works for gain, as well as where the opposite party resides or where the cause of action arose.
Do I need a lawyer to file a consumer complaint?
A consumer can file and argue a complaint personally. An advocate helps in drafting the complaint correctly, presenting evidence, and handling replies and arguments, especially in builder, insurance and banking disputes.
How long does a consumer case take?
The Act aims to decide complaints within three to five months from notice, but in practice it depends on the Commission's workload and the complexity of the case.