What the law says
The Consumer Protection Act, 2019 replaced the Act of 1986. Section 2(7) defines a consumer as a person who buys goods or hires services for consideration, but not one who obtains them for resale or for a commercial purpose. The definition covers online and offline transactions alike, which the 2019 Act made explicit.
Jurisdiction is fixed by the value of the consideration paid. The District Commission hears complaints up to fifty lakh rupees, the State Commission above that and up to two crore rupees, and the National Commission above two crore rupees. These limits were fixed by the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.
Section 69 sets the limitation at two years from the date on which the cause of action arose, with a power to condone delay where sufficient cause is shown. Section 38 requires a complaint to be decided within three months, extending to five months where analysis or testing of goods is needed, although in practice matters take longer.
The Act added remedies that did not exist before. Chapter VI creates product liability, under which a manufacturer, seller or service provider can be made answerable for harm caused by a defective product. Chapter V provides for mediation, to which a Commission may refer a complaint where there is scope for settlement.
How a complaint runs
A complaint is filed under Section 35, in person or through the e-Daakhil portal, setting out the transaction, the defect or deficiency, and the relief claimed. Notice goes to the opposite party, which files a version, and both sides file affidavit evidence and written arguments.
Relief can include replacement of the goods, refund of the price, removal of the defect, compensation for loss or injury, and costs. Punitive damages can be awarded in a proper case, and the Commission can direct that an unfair trade practice be discontinued.
An appeal against a District Commission order lies to the State Commission within forty five days, and where the order directs payment the appellant must deposit fifty percent of the amount before the appeal is entertained.
What to bring to the first meeting
Tick these off as you gather them. The list stays ticked on this device, and the page prints cleanly if you would rather carry it on paper.
Where these matters are heard
Complaints up to fifty lakh rupees go before the District Consumer Disputes Redressal Commission. Section 34(2) allows a complaint to be filed where the complainant resides or works for gain, which means a consumer need not travel to the place of business of the seller. Appeals lie to the Kerala State Consumer Disputes Redressal Commission at Thiruvananthapuram.
VERIFY WITH ADVOCATE — the District Consumer Disputes Redressal Commission serving Thiruvananthapuram and its sitting address, and the current filing fee slabs.
Common questions
Is a lawyer required to file a consumer complaint?+
No. The Consumer Protection Act, 2019 allows a complainant to appear in person, and the procedure is meant to be accessible without representation. Whether representation helps depends on the amount at stake and on how heavily the opposite party is contesting.
What does it cost to file?+
Fees are prescribed by rules, are graded by the value of the claim, and are modest at the lower slabs. VERIFY WITH ADVOCATE — the current fee slabs applicable in Kerala and the mode of payment accepted on e-Daakhil.
The purchase was for my business. Can I still complain?+
Ordinarily no, because Section 2(7) excludes goods or services obtained for a commercial purpose. There is an exception where they were obtained exclusively for earning a livelihood by means of self employment, and the Supreme Court has applied that exception in a number of cases. Whether it applies turns on the facts of the particular purchase.
How long do I have to complain?+
Section 69 prescribes two years from the date the cause of action arose. Delay can be condoned where sufficient cause is shown, but that requires a separate application explaining the whole of the delay, so the safer course is to file within the period.