“How To File A Consumer Complaint Online”

Abstract

The emergence of digital platforms has transformed the way consumers exercise their rights against unfair trade practices, defective goods, or deficient services. Traditionally, filing a consumer complaint required physical visits to consumer courts, drafting lengthy paperwork, and dealing with procedural hurdles. However, with the establishment of the E-Daakhil portal by the Government of India, the process has become far more accessible, transparent, and consumer-friendly. Online filing empowers consumers to lodge complaints from anywhere in the country without the need for legal intermediaries, thus saving time, money, and effort. This paper explores the complete procedure of filing a consumer complaint online, highlighting the eligibility criteria, required documentation, jurisdiction, and step-by-step registration process. It also examines the advantages, challenges, and effectiveness of the digital grievance redressal system in protecting consumer rights.

Introduction

Consumers are the backbone of any economy, and their protection is essential for ensuring fair trade practices and maintaining trust in the market system. In India, consumer rights have been safeguarded under the

Consumer Protection Act, 2019, which provides a comprehensive legal framework for grievance redressal. Earlier, approaching consumer forums involved considerable inconvenience, such as traveling to the forum’s office, preparing physical files, and waiting for hearings. These hurdles often discouraged consumers from seeking justice, leaving many grievances unresolved.

To address this gap, the Government introduced the E-Daakhil portal, a dedicated online platform that enables citizens to file consumer complaints electronically. This initiative is a significant step towards digital justice delivery, aligning with the vision of Digital India. Through this portal, consumers can register complaints against defective products, unfair trade practices, false advertisements, or unsatisfactory services, all without stepping into a courtroom.

The online filing system not only streamlines procedures but also ensures transparency, faster processing, and wider accessibility. Consumers can track the status of their cases, attend virtual hearings, and receive judgments digitally. By making justice accessible with just a few clicks, the online complaint system is a revolutionary tool that empowers individuals to stand up against exploitation and assert their rights effectively.

Consumer Court Complaint - How to File Complaint in Consumer Court?

When you buy a product or avail a service that is inferior, less quantity, or high-priced, you can file a consumer court complaint in the consumer courts in India to replace or rectify such a product or service. The consumer courts in India protects the rights of the consumers through consumer cases.

This article explains about consumer courts in India, who can file consumer complaints in the consumer courts, process of filing consumer court complaints and more.

What is a Consumer Court?

Consumer courts deals with cases related to consumer disputes and grievances. They are established under the Consumer Protection Act, 2019. Any consumer who is betrayed by the trader or service provider and denied his/her rights can lodge a complaint against the trader or service provider in the consumer courts.

Consumer courts are set up by the government to protect the consumers’ rights. Its primary function is to maintain fair practices by sellers. A consumer should have proper documents for filing a case. The objective of establishing consumer courts is to reduce the expense and time of the consumer in the course of him seeking redressal. Consumer courts are divided into three tiers namely, District Commission, State Commission and National Commission.

Hierarchy of Consumer Courts

Given below is the hierarchy of consumer courts in India, where a consumer complaint is filed based on the value of the transaction:

• The District Consumer Disputes Redressal Commission (District Commission) can take up cases where the amount of goods paid or services availed does not exceed Rs.50 lakh.

• The State Consumer Disputes Redressal Commission (State Commission) can take up cases where the value of the goods or services exceeds Rs.50 lakh but does not exceed Rs.2. 

• The National Consumer Disputes Redressal Commission (National Commission) takes up cases where the value of goods or services exceeds Rs.2 crore.

Types of Consumer Courts

The Act provides for the formation of three tiers of consumer courts, which are as follows:

1. District Consumer Disputes Redressal Commission (DCDRC):

The DCDRC or District Commission operates at a district level and takes on any consumer dispute where the value of the goods or services paid by the consumer does not exceed Rs.50 lakh.

2. State Consumer Disputes Redressal Commission (SCDRC):

The SCDRC or State Commission operates at the state level. It takes on any consumer dispute where the claim for compensation exceeds the amount of Rs.50 lakh but does not exceed Rs.2 crore and appeals against the District Commission orders.

3. National Consumer Disputes Redressal Commission (NCDRC):

The NCDRC or National Commission, is the apex court and takes on any consumer dispute where the claim for compensation exceeds Rs.2 crore and appeals against the State Commission orders.

Who Can File a Consumer Complaint?

The first question that has to be addressed is who can file a consumer complaint. Under the Act, the following persons can file a consumer complaint:

• Voluntary consumer association registered under the Companies Act, 1956, or the Companies Act, 2013, or under any other law. 

• A Central authority. 

• The Central or the State Government. 

• One or more consumers having the same interest. 

• The legal representatives or legal heirs, in the case of the death of a consumer. 

• The parent or legal guardian of a minor consumer.

Procedure to File a Complaint in Consumer Court

Follow the below steps to file a complaint in consumer court in India:

Step 1: Issuance of Notice

The consumer (complainant in the consumer case) should send a notice to the trader or service provider (opposite party in the consumer case) who provided defective goods or services. The notice should indicate the intention to file a consumer case if the opposite party does not resolve the defect or deficiency or if compensation is not paid. 

Step 2: Draft the Complaint 

If the trader or service provider is not willing to rectify the defect in goods or deficiency in services or provide compensation after receiving the notice, the complainant must draft a formal to be filed before the appropriate consumer court under the Consumer Protection Act, 2019. The complaint must contain the following details: 

• Name, description and the address of the complainant and the opposite party. 

• Cause of action (reason for filing the case), the approximate date, time and place. 

• Relevant facts and circumstances relating to the cause of action. 

• Relief or remedy claimed by the complainant. 

• Signature and verification by the complainant.

Step 3: Provide Relevant Documents 

The copies of documents relevant to the case and supporting the claim against the opposite party must be attached to the consumer complaint. These documents include:

• Copy of the bill or receipt. 

• Record of online booking of goods or services 

• Warranty or guarantee certificates, if any 

• Copy of the notice sent to the opposite party

Step 4: Filing of the Complaint 

The complainant must file three sets of the complaint along with documents in the appropriate consumer court (District, State or National Commission). Where the value of the goods or services for which the case is filed is below Rs.50 lakh, the complaint must be filed in the District Commission. Where the value of the goods or services is above Rs.50 lakh but below Rs.2 crore, it must be filed in the State Commission. Where the value of the goods or services is above Rs.2 lakh, it must be filed in the National Commission.

Step 5: Payment of Court Fees

The prescribed court fee must be paid in the consumer court office while filing the complaint. The court fee depends on the value of the goods bought or the service paid and the amount of compensation/ relief sought.

Step 6: Submission of an Affidavit 

The complainant must submit an affidavit to the consumer court stating that the statements and facts presented in the case are correct and true to the best of their knowledge.

Consumers can also file a consumer complaint on the National Consumer Helpline website before filing a case in the consumer court. The complaint will be registered and sent to the service provider or trader to resolve the issue instead of going to court.

Sample of the Affidavit for Reference

Sample of Consumer Complaint Format

Grounds for Filing a Consumer Complaint

Consumers can file a complaint in the consumer courts if any of the following grounds are fulfilled:

• Adoption of unfair trade practices or restrictive trade practices by the service provider.

• Sale of defective goods.

• Deficiency in services hired or availed.

• Overcharging of goods or services more than the price fixed by law, displayed on the packaging of goods, price list exhibited or agreed between the parties.

• Selling or offering to sell hazardous goods or services that threaten life and safety when used or availed, when the trader can know about the hazardous nature of the goods or services by due diligence.

Relief Uder the Consumer Protection Act

The consumer courts can pass the following orders or grant the following reliefs to the consumers after hearing the case:

• Refund the price paid by the consumer for the goods purchased or for availing the services.

• Remove defects in the goods or products after conducting tests to determine any material defects in the goods or products.

• Pay the compensation for damages suffered by the consumer or any loss or injury suffered due to the negligence of the trader or service provider.

• Replace the goods or products with new goods or products of a similar description.

• Remove the deficiency in the services availed by the consumer. 

• Withdraw or impose a ban on the sale of hazardous goods from the market.

• Discontinue unfair and restrictive trade practices where such a practice is adopted by the opposite party. 

• Issue a corrective advertisement and remove the misleading advertisement or cease from issuing any misleading advertisements.

• Provide any other adequate costs to the consumer.

The consumer court complaints ensure that the appropriate reliefs are given to the consumers who have received defective or deficient goods and services. The consumer courts courts hear the complaints filed by the consumers against the traders or service providers and pass orders to recify their products or services. The process to file a consumer court complaint is easy and can be done in a few steps. 

Jurisdiction of Consumer Courts in India

The jurisdictions of the courts are based on the hierarchy of the courts.

1. Pecuniary Jurisdiction:

Pecuniary jurisdiction means the court’s power to take up and decide cases based on the value of the goods purchased or the value paid for the services by a consumer. The pecuniary jurisdiction of the consumer courts are:

• The District Commission has jurisdiction to take up cases where the value of goods or services paid is up to Rs.50 lakh.

• The State Commission has jurisdiction to take up cases where the claim exceeds Rs.50 lakh but does not exceed Rs.2 crore.

• The National Commission has jurisdiction to take up cases where the claim exceeds Rs.2 crore.

2. Territorial Jurisdiction:

Territorial jurisdiction means the court’s power to take up cases based on the local limits it covers. A complaint

may be filed in the court that is within those local limits where:

• The opposite party usually resides or works.

• Place where the cause of action arises. Cause of action means the defect in goods purchased or deficiency in services or unfair trade practices exercised by the opposite party giving rise to a legal claim against them. It is the reason for filing the consumer case.

• The complainant resides or works.

3. Appellate Jurisdiction:

• If a consumer is not satisfied with the decision made by the District Commission, they can file an appeal to the state commission.

• If the consumer is not satisfied with the State Commission decision or order, he/she can appeal to the National Commission.

• If a consumer is not satisfied with the National Commission’s decision, he/she can appeal to the Supreme Court.

Composition of Consumer Courts in India

The Consumer Protection Act, 2019, provides the composition of each of the courts.

1. District Consumer Disputes Redressal Commission:

Each District Commission consists of:

• a person who is, or has been, or is qualified to be a District Judge, who shall be its President.

• two other members, who shall be persons of ability, integrity and standing, and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman.

2. State Consumer Disputes Redressal Commission:

Each State Commission shall consist of:

• a person who is or has been a Judge of a High Court, appointed by the State Government, who shall be its President.

• four other members, who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman.

3. National Consumer Disputes Redressal Commission:

The National Commission shall consist of:

• a person who is or has been a Judge of the Supreme Court, to be appointed by the Central Government, who shall be its President.

• four other members, who shall be persons of ability, integrity and standing and have adequate knowledge or experience of, or have shown capacity in dealing with, problems relating to economics, law, commerce, accountancy, industry, public affairs or administration, one of whom shall be a woman.

Powers and Functions of Consumer Courts in India

Here are the powers and functions of consumer courts in India:

• The consumer courts can have the power to grant the following reliefs to the consumers after hearing a case filed before them to:

• Refund the price paid while purchasing the good or availing the service to the consumer.

• Pay the compensation for damages suffered or for any loss or injury suffered by the consumer due to the negligence of the opposite party.

• Remove defects in the product after conducting tests to determine that there are material defects in the product.

• Replace the goods with new goods of a similar description.

• Impose a ban or withdraw the sale of hazardous goods from the market.

• Remove the deficiency in the service availed by the consumer. 

• Discontinue unfair or restrictive trade practices where there has been such a practice by the opposite party. 

• Issue a corrective advertisement by the opposite party to neutralise the effect of the misleading advertisement and cease from issuing any misleading advertisements.

• Provide any adequate costs to the consumer.

• Summon and enforce the attendance of the opposite party in the case, or witness and examine the witness on oath.

• Require the discovery and production of a document or any material object as evidence.

• Receive evidence on affidavits.

• Requisition of a report of the concerned test or analysis from the appropriate laboratory or from any other relevant source.

• Issue commissions for the examination of any witness or document.

• Examine any other matter as prescribed by the Central Government.

Situations Where Filing a Consumer Complaint Is Not Possible

The Consumer Protection Act is framed to protect the rights of the consumer. However, there will be situation where filing a complaint may not be permitted. The following are examples of situations where consumer complaints cannot be made.

The Consumer Protection Act protects consumers who buy goods or services strictly for personal use, excluding those with commercial or resale purposes. If the purchase is done with the intention of reselling or simply for operations involving business functions, then the buyer does not fall under the definition of a consumer as given by the Act and a consumer complaint cannot be made.

For example if a retailer bought 100 mobile phones from a seller to sell in his shop. The retailer, after taking delivery thereof, discovers that 10 of them have manufacturing defects. Since these have been bought for the purpose of resale and not for personal use, this retailer cannot lodge a complaint as a consumer under the Consumer Protection Act. However, the remedy for the retailer lies in enforcing the business contract in commercial litigation, rather than going to a consumer forum.

A situation may arise where a consumer complaint cannot be preferred when services are offered without any consideration or compensation i.e., they are offered free of cost. The Act applies only to paid services where the consumer has directly or indirectly provided compensation.

For example a community welfare program conducts free medical checkup for the participants by a non-profit organization. A participant gets his check-up done, but he is dissatisfied with the service and also thinks that his diagnosis was wrong. He unnecessarily gets anxious due to this. Since medical services were given free, the participant cannot lodge a consumer complaint for deficiency in service.

Other situations where consumer complaints cannot be entertained:

Expiry of Limitation Period: A customer trying to file a complaint for a defective product three years after purchase will have their claim rejected due to the time limit.

Frivolous Complaints: Filing a complaint over minor dissatisfaction, such as disliking the color of a product that was exactly as advertised, may be dismissed.

Personal Contracts: An employee cannot file a consumer complaint against an employer for wrongful termination under the Consumer Protection Act.

Matters Pending in Other Courts: A complaint about defective goods cannot be filed in consumer court if the same issue is already part of an ongoing civil lawsuit.

Conclusion

The Consumer Protection Act is an important legal framework to safeguard the rights of all consumers, and it has led the consumers to be vigilant of defective products, misleading advertisements, and deficiencies in service. The approach offers accessible legal remedies and makes it easy to refer disputes to consumer forums at the district, state, and national levels without entering into costly civil suits. Consumers are, therefore, not as susceptible to unfair trade practices as they used to be and in view of these practices, ethical business standards are once again reinforced.

Finally, the Act bridges the gap between consumers and businesses, thereby fostering fairness and transparency in the market. It empowers consumers not only individually but also through collective complaints, hence amplifying their voice in cases of grievances that reach a wide audience. As markets keep changing, so will the laws which will remain a powerful tool to ensure accountability where consumers can confidently stand up for their rights and seek justice when wronged.

Here are some questions and answers on the topic:

Q1. What is the legal basis for filing a consumer complaint in India?

Answer: The legal foundation for filing a consumer complaint is provided under the Consumer Protection Act, 2019. This Act safeguards the interests of consumers against defective goods, deficient services, unfair trade practices, and misleading advertisements. It empowers consumers to approach consumer commissions at the District, State, or National level, depending on the value of the claim. The Act also introduced e-filing provisions through the E-Daakhil portal, making the complaint process more convenient and accessible. 

Q2. What is the E-Daakhil portal and how does it help consumers?

Answer: The E-Daakhil portal is an online platform launched by the Government of India to facilitate the digital filing of consumer complaints. It eliminates the need for physical visits to consumer commissions. Through this portal, consumers can:

File complaints electronically.

Upload supporting documents.

Pay prescribed fees online.

Track case status in real-time.

Attend virtual hearings.

This system ensures transparency, efficiency, and wider access to justice for consumers across the country.

Q3. What documents are required to file a consumer complaint online?

Answer: To file a complaint online, the consumer must prepare and upload the following essential documents:

Proof of purchase (invoice, bill, or receipt).

Copy of correspondence with the seller/service provider (emails, notices, messages).

Proof of defect or deficiency (photos, expert reports, warranty papers).

Identity proof of the complainant.

Authorization letter (if the complaint is filed through a representative or advocate).

These documents strengthen the consumer’s case and help the commission examine the grievance effectively.

Q4. What are the advantages of filing a consumer complaint online compared to offline filing?

Answer: Filing a consumer complaint online offers multiple advantages, such as:

Convenience: Complaints can be filed from home, without visiting the consumer forum physically.

Time-saving: The digital process reduces procedural delays.

Transparency: Consumers can track the progress of their case at every stage.

Cost-effective: Saves travel and documentation costs.

Virtual hearings: Enables consumers to participate in proceedings remotely.

Overall, online filing simplifies the justice delivery system and strengthens consumer protection in the digital era.