By Legum Pacific Editorial ·
Suppose a mobile phone you bought stopped working and the shop will not repair or refund it. Or you paid for home repairs and the contractor vanished. You want to know where to file a consumer complaint, how long you have to file, and whether you can do it online.
What does the law say?
The Consumer Protection Act, 2019 explains who can file a complaint and how it will be handled. A “consumer” case can be filed by the person who bought the goods or services, by someone who alleges an unfair trade practice, by a recognised consumer association, by one or more consumers on behalf of many, or by the Central or State Government or the Central Authority (section 35). The Act allows electronic filing of complaints in the manner prescribed (section 35, proviso).
Key legal words explained: cause of action (the event that gives you the right to complain), admissibility (whether the commission will accept the complaint for hearing), and consumer mediation cell (a body attached to a commission to try to settle disputes by mediation).
Which commission should I file in?
Jurisdiction is mainly by the value of the goods or services paid as consideration and by local limits.
- District Commission: handles complaints where the value does not exceed one crore rupees (section 34(1)).
- State Commission: handles complaints where the value exceeds one crore but does not exceed ten crore rupees (section 47(1)(a)(i)).
- National Commission: handles complaints where the value exceeds ten crore rupees (section 58(1)(a)(i)).
A complaint must be filed in the commission within the local limits where any of these are true at the time of filing: the opposite party ordinarily resides or carries on business or has a branch or personally works for gain; the cause of action, wholly or partly, arises; or the complainant resides or personally works for gain (sections 34(2) and 47(4)). Where more than one opposite party is involved, special permission may be needed if filing where only some opposite parties are present (sections 34(2)(b) and 47(4)(b)).
How long do I have to file?
The Act sets a general time limit of two years from the date on which the cause of action has arisen (section 69(1)).
A complaint can be entertained after two years only if the commission (District, State or National as appropriate) is satisfied that the complainant had sufficient cause for the delay, and the commission records reasons for condoning the delay (section 69(2) and proviso).
How does the process work and what are the timelines?
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Admissibility: after a complaint is filed, the commission may admit or reject it. The commission shall ordinarily decide admissibility within twenty‑one days from the date of filing. If it does not decide within that period, the complaint is deemed admitted (section 36(2) and provisos).
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Service and reply: on admission, a copy is sent to the opposite party who must file their version within thirty days. The commission may extend that period by up to fifteen days (section 38(2)(a)).
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Testing of goods: if the complaint alleges a defect that needs analysis, the commission can seal a sample and send it to an appropriate laboratory. The lab is to report within forty‑five days of receipt, subject to extension (section 38(2)(c)). The complainant may be required to deposit fees for the test (section 38(2)(d)–(e)).
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Disposal time: every complaint shall be disposed of as expeditiously as possible. The Act sets an endeavour to decide complaints within three months from the date of receipt of notice by the opposite party where no analysis or testing is required, and within five months if testing or analysis is required (section 38(7) and provisos).
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Evidence and hearings: complaints are heard on the basis of affidavit and documentary evidence. The commission may allow personal or video appearances for sufficient cause and shall record reasons when allowing such appearances (section 38(6)).
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Mediation: at admission or later, if settlement appears possible, the commission may direct the parties to consider mediation and refer the matter to the consumer mediation cell with written consent (sections 37 and Chapter V).
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Notices and electronic service: notices may be sent by registered post, speed post, approved courier or by electronic means. Notices may be served on electronic service providers at the address they provide on the platform; such providers must designate a nodal officer to accept notices (section 65(1)–(3)).
What is e‑Daakhil and how does it help?
The Department of Consumer Affairs launched the e‑Daakhil portal to allow online filing and tracking of consumer complaints. The portal was first launched on 7 September 2020 and, according to the Department, became operational across all States and Union Territories with the launch in Ladakh on 22 November 2024.
The Department describes e‑Daakhil as an inexpensive, speedy and paperless mechanism for filing complaints. Any consumer or advocate can sign up using an OTP on a registered phone or an activation link on a registered email (Press Information Bureau release). The portal allows filing complaints, payment of prescribed fees and online tracking of case status.
The Department reported that, at the time of the press release, more than 2,81,024 users had registered on e‑Daakhil, 1,98,725 cases had been filed through it, and 38,453 cases had been disposed of (PIB press release dated 27 November 2024).
Key points
- District, State and National Commissions have monetary jurisdiction: up to Rs 1 crore, Rs 1–10 crore, and above Rs 10 crore respectively (sections 34, 47, 58).
- A complaint is normally to be filed within two years of the cause of action (section 69); delay can be condoned if sufficient cause is recorded.
- Timelines in proceedings include 21 days for admissibility, 30 days (plus 15) for the opposite party’s reply, 45 days for lab reports, and targets of 3 months (no testing) or 5 months (with testing) for disposal (sections 36, 38).
- Electronic filing is permitted by the Act and the e‑Daakhil portal provides online filing, fee payment and tracking; the portal has been in use since 2020 and was reported as nationwide in November 2024 (section 35; PIB press release).
Laws referred to
- Consumer Protection Act, 2019 — sections 34, 35, 36, 37, 38, 47, 58, 65, 69
- Press Information Bureau, Department of Consumer Affairs — e‑Daakhil press release (27 November 2024)
Official sources
This guide explains what the law itself says. Court rulings interpreting these provisions can also affect how they apply in a particular case. It states the position under the official texts listed above, as at 12 October 2026.
Source: Official text (egazette.gov.in) (opens in a new tab)