If you need help with scdrc, this guide sets out the legal position and the next steps. Legals365 is the legal platform of Advocate B.K. Singh and associates, based in Delhi NCR.
In short. A consumer complaint under the Consumer Protection Act 2019 is filed against a seller, manufacturer or service provider for defective goods, deficient service, unfair trade practice or overcharging. It goes to the District Commission if the amount paid is up to 50 lakh rupees and to the State Commission above that up to 2 crore, within two years, and can be filed online on e-Jagriti.
Consumer commissions are the forum most people in India can use without fear. The procedure is simpler than a civil suit, there is no court fee for smaller claims, a consumer can appear without a lawyer, and the complaint can be filed in the district where the consumer lives or works rather than where the company sits. The Consumer Protection Act 2019 set up District Commissions, State Commissions and the National Commission (NCDRC) to hear complaints about defective goods, deficient services and unfair trade practices, and gave them power to order refunds, replacements, compensation and costs.
This page explains how a complaint works in the District and State Commissions: who counts as a consumer, what you can complain about, which commission has jurisdiction, the two-year limit, filing on e-Jagriti, what happens at hearings, mediation, product liability, appeals and revisions, and how orders are enforced. It also covers the other side: what a business should do when a consumer notice or complaint arrives. Where the answer changes for a bank, insurer, hospital, builder, e-commerce platform or government body, that is said in its place.
- Law
- Consumer Protection Act 2019; Consumer Protection (Jurisdiction) Rules 2021; Consumer Protection (Consumer Commission Procedure) Regulations 2020; Consumer Protection (E-Commerce) Rules 2020
- Forum
- District Commission where the consideration paid is up to 50 lakh rupees; State Commission above 50 lakh up to 2 crore; NCDRC above 2 crore
- Time limit
- Two years from the date the cause of action arose (section 69); delay can be condoned for sufficient cause
- Fee
- Nil where the consideration paid is up to 5 lakh rupees; a graded fee above that, so check the current schedule
- Appeals
- District to State Commission within 45 days with 50 percent deposit (section 41); State to NCDRC within 30 days (section 51); NCDRC to Supreme Court within 30 days (section 67)
- Documents
- Bill or invoice, payment proof, warranty or policy, correspondence and complaints, photographs, expert report if any, legal notice and reply
Who is a consumer under the Consumer Protection Act 2019
You are a consumer if you bought goods or hired a service for a price, paid or promised, and not for resale or a commercial purpose. The definition in section 2(7) covers offline and online purchases, teleshopping, direct selling and multi-level marketing. It also covers the person who uses the goods or service with the buyer's approval, so a family member using a car bought by a parent, or a patient whose treatment was paid for by a relative, can complain.
The commercial purpose exclusion trips up many small businesses. A company that buys a machine for its factory is generally not a consumer for that machine. But the Act says that goods bought and used only for earning a livelihood by self-employment are not treated as commercial, so a taxi driver buying one vehicle, or a doctor buying equipment for a one-person clinic, may still qualify. Courts look at the dominant purpose of the purchase, not only at who the buyer is.
A complaint can be filed by the consumer, a registered consumer association, the Central or State Government, the Central Consumer Protection Authority, the legal heir of a deceased consumer, or a parent or guardian of a minor. Where many consumers share the same grievance, such as homebuyers in one project or subscribers to one scheme, one complaint can be filed on behalf of all with the commission's permission.
What you can complain about
The Act lets you complain about five broad things: a defect in goods, a deficiency in service, an unfair trade practice, an unfair contract, and charging more than the price fixed by law or displayed on the goods. A defect is any fault or shortcoming in quality, quantity, potency, purity or standard. A deficiency is any fault or inadequacy in the quality, nature or manner of a service, including negligence, omission or withholding relevant information.
In practice the common complaints are: vehicles and electronics with repeated faults, builders who delay possession or deliver defective flats, insurers who reject claims, banks that charge wrongly or fail to reverse fraudulent debits, airlines and travel portals that cancel without refund, hospitals and doctors accused of negligence, coaching institutes that refuse refunds, courier and logistics losses, and e-commerce sellers who deliver the wrong product. Our separate pages cover insurance claim rejection, medical negligence claims and consumer complaints in property matters in more detail.
Some services are outside the Act. Free services, services under a contract of personal service (employment), and the sovereign functions of government are excluded. The Supreme Court held in 2024 that services of advocates are not covered. Whether doctors should remain covered has been referred for reconsideration, but until a larger bench decides, medical negligence complaints continue to be heard by consumer commissions.
Which consumer commission hears your complaint
| Commission | Pecuniary limit (value of consideration paid) | Where appeals go |
|---|---|---|
| District Consumer Disputes Redressal Commission | Up to 50 lakh rupees | State Commission, within 45 days, with 50 percent of the amount ordered deposited |
| State Consumer Disputes Redressal Commission | Above 50 lakh up to 2 crore rupees | NCDRC, within 30 days, with 50 percent deposit for appeals against original orders |
| National Consumer Disputes Redressal Commission | Above 2 crore rupees | Supreme Court, within 30 days, with 50 percent deposit |
| Any commission, review of its own order | Error apparent on the face of the record | Application within 30 days to the same commission |
| State Commission, revision | Orders of District Commissions passed without jurisdiction or with material irregularity | Revision petition before the State Commission |
The sections that matter most
Section 2(7), 2(10), 2(11) and 2(47)
Define consumer, defect, deficiency and unfair trade practice. Most disputes about whether a complaint is maintainable turn on these definitions.
Sections 34, 47 and 58, jurisdiction
Fix the jurisdiction of the District, State and National Commissions. Section 34(2) lets the consumer file where he resides or personally works for gain, as well as where the opposite party carries on business or where the cause of action arose.
Sections 35 to 38, complaint and procedure
Set out who may complain, admission of the complaint, notice to the opposite party, 30 days (extendable by 15) to reply, decision on affidavits and documents, and the target of deciding complaints within three months, or five months where goods need testing.
Section 39, reliefs
Lists what the commission can order: removing defects, replacement, refund, compensation for loss or injury, punitive damages in suitable cases, discontinuing unfair trade practices, withdrawing hazardous goods, and costs.
Sections 40, 41, 47 and 51, review, appeal and revision
Section 40 allows a commission to review its order for an error apparent on the record within 30 days. Section 41 provides the appeal to the State Commission. Section 47(1)(b) gives the State Commission revisional power over District Commissions. Section 51 governs appeals to the NCDRC.
Sections 69, 71 and 72, limitation and enforcement
Section 69 fixes the two-year limit. Section 71 lets orders be executed like a civil court decree. Section 72 makes non-compliance punishable with imprisonment from one month to three years, a fine from 25,000 rupees to one lakh rupees, or both.
Where to file: territorial jurisdiction in Delhi, Noida, Ghaziabad and Gurugram
One of the most useful changes in the 2019 Act is that you can file where you live or work. A Noida resident who bought a phone online from a seller in Bengaluru can file before the District Commission for Gautam Buddh Nagar. A Delhi resident with a complaint against a Mumbai insurer can file in the District Commission for the Delhi district where he lives. You can also file where the opposite party has its office or branch, or where the cause of action arose.
Delhi has several District Commissions, each covering one or more revenue districts, and the Delhi State Commission hears complaints above 50 lakh and appeals from all of them. In Uttar Pradesh, Noida and Greater Noida fall under the District Commission for Gautam Buddh Nagar, Ghaziabad has its own District Commission, and the UP State Commission sits at Lucknow. In Haryana, Gurugram and Faridabad have District Commissions and the State Commission sits at Panchkula. Check the e-Jagriti portal for the current list and the commission that covers your address.
Pecuniary jurisdiction is decided by the value of what you paid, not what you claim. If you paid 40 lakh rupees for a service and claim 80 lakh in compensation, the complaint still goes to the District Commission. This rule, introduced by the 2021 Jurisdiction Rules, moved a large number of cases down from State Commissions to District Commissions.
The two-year limit and when it starts
A complaint must be filed within two years from the date the cause of action arose. For a defective product, that is usually when the defect appeared and the seller refused to fix it. For an insurance claim, it is the date of repudiation. For a delayed flat, many commissions treat the failure to give possession as a continuing wrong until possession is offered or the money is refunded, though this should not be relied on without advice.
If you are late, file an application for condonation of delay with the complaint, explaining each period of delay with dates and documents. Commissions condone delay where the consumer was pursuing the company in good faith, was ill, or was misled by repeated promises, but they are less sympathetic to delay without explanation. Correspondence with the company is the best evidence that you were not sleeping on your rights.
Do not wait for the company's internal process to finish forever. Ombudsman schemes, grievance cells and repeated assurances do not by themselves stop the clock. If two years are approaching, file and continue negotiating.
Should you send a legal notice first
A legal notice is not a legal requirement before a consumer complaint, but it is usually worth sending. It puts the grievance on record, fixes the relief you want, gives the company a last chance to settle, and often produces a reply that admits facts or reveals the company's defence. Many disputes about refunds and replacements end at the notice stage, particularly with banks, airlines and large retailers who track legal notices separately from ordinary complaints.
The notice should be short and specific: what was bought or hired, when, for how much, what went wrong, what you have already done, and what you want within 15 or 30 days. Attach copies of the key documents. Send it by speed post and email to the registered office and the grievance officer. See our page on drafting, sending and replying to legal notices.
The National Consumer Helpline on 1915 and its online portal can also be used before filing. It forwards complaints to companies that have joined its convergence programme and sometimes produces a quick resolution, though it has no power to order anything.
How to file a consumer complaint on e-Jagriti, step by step
Consumer complaints can be filed online on the e-Jagriti portal, which replaced e-Daakhil, or physically at the commission. The online route is now the normal one.
Collect and scan your documents
Gather the invoice, payment proof, warranty or policy, correspondence, photographs and any expert report. Scan them as clear PDFs, in date order, with page numbers. A neat paper book saves time at admission.
Draft the complaint
Set out the parties, the facts in date order, the defect or deficiency, the attempts to resolve it, the legal basis, jurisdiction, limitation and the reliefs claimed with amounts. Attach a supporting affidavit and, if late, an application for condonation of delay.
Register and file on e-Jagriti
Create an account, choose the correct commission, enter party details, upload the complaint and annexures, and pay the fee online if the amount paid exceeds 5 lakh rupees. Note the filing number and keep the acknowledgment.
Admission hearing
The commission examines whether the complaint is maintainable and within jurisdiction. The Act asks commissions to decide admission within 21 days. Once admitted, notice is issued to the opposite party with a copy of the complaint.
Reply, rejoinder and evidence
The opposite party must file its written version within 30 days, extendable by 15 days, and the Supreme Court has held commissions cannot extend this further. The complainant may file a rejoinder. Both sides then file evidence by affidavit with documents.
Arguments and order
Written arguments are filed and oral arguments heard, increasingly by video conference. The commission passes its final order, which can be downloaded from the portal, and a certified copy is issued for compliance or appeal.
At any stage before the order, the commission may refer the parties to mediation if both consent. Many complaints settle at the first or second hearing once the company's lawyers see the documents.
Documents for a consumer complaint
Proof of the transaction
- Invoice, bill, receipt or order confirmation
- Bank statement, card statement or UPI record showing payment
- Agreement, policy, booking or terms and conditions
- Warranty card or service contract
Proof of the problem
- Photographs or videos of the defect
- Job cards and service history
- Expert, technician or laboratory report
- Medical records or bills where injury is claimed
Proof you tried to resolve it
- Emails, letters and chat transcripts with the company
- Complaint numbers from customer care
- Legal notice, postal receipts and any reply
- National Consumer Helpline or ombudsman correspondence
Filing papers
- Complaint with supporting affidavit
- Application for condonation of delay if needed
- Vakalatnama if a lawyer is engaged
- Authority letter or board resolution for a company or association
- Identity and address proof
What happens after filing, and how long it really takes
The Act sets a target of three months from notice for deciding a complaint, or five months where goods need laboratory testing. Few commissions meet it. Vacancies in commission benches, adjournments and heavy cause lists mean that a contested complaint in Delhi NCR often takes one to three years at the district level, and longer at the State Commission. Simple complaints with clear documents and a cooperative opposite party move faster.
The deadline for the opposite party's reply is strict. If the company does not file its written version within 45 days of receiving notice, the commission can proceed on the basis of the complainant's evidence alone. This is one of the few points where consumer procedure is harder on businesses than civil procedure is, and companies that miss it lose a large part of their defence.
Evidence is on affidavit and documents. Cross-examination is not routine; it is allowed only where the commission thinks it necessary, often in medical negligence or complex product cases, and may be done through interrogatories or a local commissioner. Hearings are increasingly held by video conference, which helps parties outside the city.
What a consumer commission can order
Section 39 lets the commission order the opposite party to remove the defect, replace the goods, refund the price with interest, pay compensation for loss or injury, remove the deficiency in service, stop an unfair trade practice, withdraw hazardous goods from sale, and pay costs. Compensation for mental agony and harassment is commonly awarded in addition to the refund, though amounts are modest unless the facts are serious.
Punitive damages are available in suitable cases where the conduct was deliberate or callous, but commissions award them sparingly. Interest is usually ordered at a rate the commission considers fair, from the date of payment or the date of the cause of action until realisation. Claim reliefs with reasons and a calculation; a bare demand for a large round figure in compensation is rarely granted.
The commission cannot send anyone to jail on the complaint itself. That power arises only under section 72 if its final order is not complied with.
Product liability cases
Chapter VI of the Act creates a separate claim for harm caused by a defective product. A product liability action can be brought against the manufacturer, the product service provider or the product seller for injury, death, property damage or mental agony caused by the product. A manufacturer is liable if the product has a manufacturing defect, a design defect, deviates from its specifications, does not conform to an express warranty, or lacks adequate instructions or warnings, and in some of these cases the claimant need not prove negligence.
A seller who is not the manufacturer is liable in narrower situations, for example where he exercised substantial control over the product, altered it, made his own warranty, or where the manufacturer cannot be identified or served. The Act also lists defences: misuse, alteration or modification of the product, an obvious danger, or warnings that were given and ignored.
Product liability claims are filed in the same commissions under the same pecuniary limits. They often need expert evidence, so preserve the product, do not repair it before it is examined, and record the chain of custody. For vehicles and appliances, an independent workshop or laboratory report made early is far more persuasive than one prepared after a year of use.
Mediation in consumer disputes
Section 37 lets the commission refer a complaint to mediation at the first hearing or later, if both parties agree in writing. Each commission has a consumer mediation cell, and mediators are drawn from a panel. Mediation is confidential, the mediator does not decide anything, and either side can walk away and return to the commission if it fails.
If the parties settle, the terms are reduced to writing and signed, and the commission passes an order in those terms. An order recording a mediated settlement cannot be appealed, so the terms should cover every point: the amount, the dates, the mode of payment, interest for delay, return of goods if any, and withdrawal of other complaints. Our page on mediation, conciliation and Lok Adalat explains how to prepare for a mediation session.
Consumer matters are also listed before National and State Lok Adalats. A Lok Adalat award is final and binding with no appeal. It suits complaints where the money is clear and the only question is how much and when.
Consumer court appeals, revisions and reviews
An appeal against a District Commission order lies to the State Commission within 45 days, and the appellant must deposit 50 percent of the amount ordered, or a sum fixed by the rules, before the appeal is heard. Delay can be condoned, but commissions expect an explanation for every day. An appeal from an original order of the State Commission goes to the NCDRC within 30 days with a similar 50 percent deposit; an order of the State Commission passed in appeal can be taken to the NCDRC only on a substantial question of law.
Revision is narrower than appeal. The State Commission can call for the record of a District Commission case where the District Commission acted without jurisdiction, failed to exercise jurisdiction, or acted illegally or with material irregularity. Revision is useful against interlocutory orders, such as refusal to condone delay or wrongful closure of the right to file a written version. Review under section 40 lets a commission correct an error apparent on the face of its own record, on an application within 30 days.
For complaints and appeals at the national level, see our page on NCDRC cases and appeals. When Advocate B.K. Singh's office prepares a consumer appeal, the first check is whether the deposit can be arranged in time, because an appeal without the deposit does not get heard.
Enforcing a consumer commission order
A final order must normally be complied with within the time the commission fixes, often 30 or 45 days. If it is not, the complainant files an execution application under section 71, and the commission enforces the order as if it were a civil court decree, including attachment of bank accounts and property. A separate application under section 72 can be filed for non-compliance, which is punishable with imprisonment of one month to three years, a fine of 25,000 rupees to one lakh rupees, or both.
In practice, the threat of section 72 proceedings against company officers gets many orders paid. Execution against a builder or company in insolvency is different, because the moratorium under the Insolvency and Bankruptcy Code generally stops recovery against the company. In those cases the complainant files a claim with the resolution professional instead.
Consumer court compliance and advisory for businesses
Businesses face consumer law from two directions: individual complaints before the commissions, and regulatory action by the Central Consumer Protection Authority (CCPA). The CCPA can investigate unfair trade practices and misleading advertisements, order recalls and refunds, and impose penalties on manufacturers and endorsers. It has issued guidelines on misleading advertisements and endorsements (2022) and on dark patterns in online interfaces (2023), and e-commerce entities must follow the Consumer Protection (E-Commerce) Rules 2020, including grievance officer and disclosure duties.
A sensible compliance routine includes: a working grievance system with acknowledgment and timelines, clear refund and cancellation terms, warranty terms that match what sales staff promise, a review of advertisements and influencer content before release, and a process to escalate legal notices to counsel quickly. When a consumer complaint arrives, diarise the 30-day reply deadline at once, because missing the 45-day outer limit forfeits the defence.
Settling early is often cheaper than winning late. A company that refunds a genuine complaint at the notice stage avoids costs, compensation for harassment and the risk of a published order that later complainants will cite.
How the answer changes with the opposite party
Against a bank or NBFC, complaints about wrongful charges, failed transactions and unauthorised debits can go either to the consumer commission or to the RBI Ombudsman under the Integrated Ombudsman Scheme 2026; the ombudsman is faster for smaller service issues, the commission can award larger compensation. Against an insurer, the Insurance Ombudsman is an alternative for claims within its limit. Against a builder, homebuyers can choose between the consumer commission and the state RERA authority, and see our page on RERA complaints and builder disputes.
Against a hospital or doctor, a complaint needs medical records and usually an independent expert opinion. Against an e-commerce platform, both the marketplace and the seller should normally be made parties, because the platform will argue it is only an intermediary. Against a government body or development authority, the question is whether the activity is a service for a price, such as allotting plots or supplying electricity, or a sovereign or statutory function, which is outside the Act.
Against educational institutions, commissions have generally held that teaching and examinations are not a service under the Act, though refund of fees and ancillary services such as transport or hostel can still be complained about. Check the current position for the specific grievance before filing.
A made-up example
Here's a made-up example. A resident of Vaishali, Ghaziabad buys an air conditioner for 52,000 rupees from an online seller. It stops cooling within two months. Three service visits fail to fix it, and the company offers only another repair. She sends a legal notice to the manufacturer and the seller, asking for replacement or refund within 15 days. The company replies that the fault is due to voltage fluctuation.
She files a complaint before the District Commission at Ghaziabad, because she lives there, attaching the invoice, job cards showing the same compressor fault three times, and a local technician's report. No fee is payable because the price is below 5 lakh rupees. The manufacturer files its reply on the 40th day and offers a replacement at the first hearing after notice. The parties agree in mediation on a refund with a modest sum towards costs, and the commission records the settlement.
Mistakes people make in consumer complaints
- Filing in the wrong commission. Pecuniary jurisdiction depends on the amount paid, not the compensation claimed. Getting this wrong means the complaint is returned.
- Waiting too long. Repeated customer care calls do not stop the two-year clock. Keep written records and file in time.
- Repairing or disposing of the product. Without the product, a defect is hard to prove. Keep it, and photograph it before any repair.
- Claiming a round figure in compensation. Commissions award what is explained and calculated. Break down the loss.
- Leaving out a necessary party. In online sales, name both the platform and the seller; in insurance, name the insurer and, where relevant, the TPA.
- For businesses, missing the reply deadline. The 30 plus 15 day limit cannot be extended, and missing it means the case proceeds without your defence.
- Signing a vague settlement. A mediated settlement cannot be appealed. Write down every term, including what happens if payment is late.
What to do this week
- Put every bill, payment record and warranty in one folder, in date order
- Write a one-page timeline with dates of purchase, defect, complaints and replies
- Take photographs or videos of the defect and keep the product safe
- Send a written complaint to the company's grievance officer and keep the acknowledgment
- Check the date the cause of action arose and how much of the two years remains
- Work out which commission has pecuniary and territorial jurisdiction
- Send a legal notice if the company has not responded properly
- If you are a business that has received notice from a commission, diarise the reply deadline today
Costs, and when a consumer complaint is not the right route
The costs of a consumer complaint are the commission fee (nil up to 5 lakh rupees paid), counsel's fees if a lawyer is engaged, and expenses such as an expert report. Many consumers handle small complaints themselves; a lawyer helps most with drafting, jurisdiction, limitation, evidence in technical cases, and appeals. Commissions can award costs to the winning party, but the award rarely covers the full expense.
A consumer complaint is not the right route where the purchase was for a commercial purpose, where the dispute needs detailed oral evidence and cross-examination on fraud or forgery, where the relief needed is an injunction against third parties, or where the claim is really a money recovery between businesses. Those belong in a civil or commercial court. A complaint that is fundamentally a criminal fraud may also need a police complaint alongside.
If you want the papers checked before you act, the team of Advocate B.K. Singh at Legals365 can review them and tell you the next step; you can talk to a lawyer here.
Frequently asked questions
How do I file a consumer complaint online?
Register on the e-Jagriti portal, choose the commission that has jurisdiction, enter the party details, upload the complaint, affidavit and documents, and pay the fee if the amount paid exceeds 5 lakh rupees. Note the filing number and watch for the admission date. Physical filing at the commission is still possible.
What is the time limit for filing a consumer complaint?
Two years from the date the cause of action arose, under section 69 of the Consumer Protection Act 2019. Delay can be condoned if you file an application showing sufficient cause. Repeated complaints to customer care do not by themselves extend the time.
Which consumer court should I approach?
The District Commission if the amount you paid is up to 50 lakh rupees, the State Commission above that up to 2 crore, and the NCDRC above 2 crore. You can file where you live or work, where the opposite party has an office, or where the cause of action arose.
Is there a fee for filing a consumer complaint?
No fee is payable where the consideration paid is up to 5 lakh rupees. Above that, a graded fee applies according to the value. Check the current schedule on the e-Jagriti portal before filing.
Do I need a lawyer for consumer court?
No, a consumer can file and argue the complaint personally. A lawyer helps with jurisdiction, limitation, evidence in technical cases and appeals. Companies usually appear through counsel.
How long does a consumer case take?
The Act targets three months, or five months where testing is needed, but contested cases in Delhi NCR often take one to three years at the district level. Cases settle faster when documents are clear and the company attends mediation.
Can I appeal against a District Commission order?
Yes, to the State Commission within 45 days under section 41, after depositing 50 percent of the amount ordered. Delay can be condoned for sufficient cause. Orders on mediated settlements cannot be appealed.
What is the difference between appeal and revision in consumer cases?
An appeal re-examines the order on facts and law. A revision before the State Commission is limited to cases where the District Commission acted without jurisdiction, failed to use its jurisdiction or acted with material irregularity. Revision is often used against interlocutory orders.
Can a business be a consumer?
Only if the goods or services were not bought for resale or a commercial purpose. A person using goods solely to earn a livelihood through self-employment can still be a consumer. A company buying equipment for its operations generally is not.
What happens if the company does not obey the consumer court order?
The complainant can file for execution under section 71, which works like execution of a civil decree. Non-compliance is also punishable under section 72 with imprisonment from one month to three years, a fine from 25,000 rupees to one lakh rupees, or both.
What is a product liability case?
It is a claim for harm caused by a defective product against the manufacturer, product seller or product service provider under Chapter VI of the Act. A manufacturer can be liable for manufacturing or design defects, failure to meet specifications or warranty, and inadequate warnings. Keep the product and get it examined early.
Can consumer cases be settled through mediation?
Yes, the commission can refer the case to its consumer mediation cell if both parties agree. If they settle, the commission passes an order on those terms, which is final and cannot be appealed. If mediation fails, the case returns to the commission.
Need help with SCDRC? Send your papers or a short note of what has happened. An advocate from the team of Advocate B.K. Singh will read it and tell you the next step.
