First raise the grievance in writing with the seller or service provider. If it is not resolved, file a complaint before the Consumer Commission with jurisdiction, physically or online on the e-Daakhil portal, with copies of the bill, correspondence and other evidence. The complaint should generally be filed within two years of the cause of action.
Who is a consumer?
A person who buys goods or hires services for consideration, other than for resale or commercial purposes, generally qualifies. Online purchases are covered.
Which commission?
Under the currently notified rules, the District Commission hears complaints where the consideration paid is up to ₹50 lakh, the State Commission above ₹50 lakh and up to ₹2 crore, and the National Commission above ₹2 crore. A complaint can generally be filed where the complainant resides or works.
Documents to keep ready
- Invoice, receipt or policy document
- Warranty or terms of service
- Correspondence and complaint references
- Photographs or reports showing the defect
- Proof of any losses claimed
Filing and hearing
The complaint states the facts, the defect or deficiency, and the relief claimed, such as replacement, refund, compensation or costs. The opposite party is given notice and an opportunity to reply. A complainant can appear in person, though many prefer to be represented.
Time limit
Section 69 of the Consumer Protection Act, 2019 provides a two-year limitation period from the date the cause of action arose. Delay can be condoned only if sufficient cause is shown.
Jurisdiction
This article describes central Indian law as it generally applies in Gujarat. Procedure, forms and court practice can differ between States and between courts, and the law changes. Check the current position for your matter.