Consumer Complaint

What is 'Consumer Complaint'?

A consumer complaint is an expression of dissatisfaction by a consumer with regard to any good(s) and/or service(s) that he/she may have purchased/availed in return of a consideration. The primary reasons for complaint being a shortfall in the quality or quantity of the good(s)/service(s) from that of his expectation.

The Consumer Protection Act of 2019, which is the successor of the now repealed Consumer Protection Act, 1986, lays down the statutory framework governing consumer welfare laws in the country. The statue also explicitly defines what is a consumer complaint and also who can file such complaint.

Importance in Consumer Protection Law

Consumer complaints act as the vital trigger for justice within any consumer protection framework. Without the ability to file a complaint, protective laws would be entirely theoretical. Filing complaints helps empower consumers to hold businesses accountable, effectively shifting the modern market dynamic from caveat emptor ("let the buyer beware") to caveat venditor ("let the seller beware"). This mechanism maintains market standards, deters predatory practices, and allows regulatory bodies to intervene, such as by issuing safety guidelines or mandating widespread product recalls.

Against whom can it be filed?

Complaints can be brought against product sellers, manufacturers, service providers, and dealers. Under modern "product liability" rules, actions can also be taken against e-commerce platforms and even brand endorsers if an advertisement is found to be blatantly misleading.

Official Definition of 'Consumer Complaint'

Complaint under the Consumer Protection Act, 2019

The Consumer Protection Act, 2019 (hereinafter referred as 'the Act') defines a 'complaint' as any allegation made by a 'complainant' in writing, for obtaining any of the following reliefs. It may concern unfair or restrictive trade practices, defective goods, deficient services, overcharging beyond the legally or mutually agreed price, or the sale or provision of goods and services that are hazardous to life or safety. A complaint can also arise when there is a claim for product liability against a manufacturer, seller, or service provider.

Relevant Legal Provisions

Who is a 'Consumer'?

According to section 2(7) of the Act, a consumer means any person who buys any good(s) or avails of any service(s) in exchange of a consideration, whether paid immediately or under any system of deferred payment, and also includes the beneficiary of such good(s) or service(s). However, the definition expressly excludes any person who buys or avails of such good(s) or service(s) for commercial purposes. The explanation to the section clarifies that resale or use, specifically for the purpose of earning livelihood shall not be considered as commercial purpose.

It is important to note purchases made by online transactions through electronic means or by teleshopping or direct selling or multi-level marketing schemes found are an addition in the new Act and had no mention in the old statute.

Who is a 'Complainant'?

Section 5 of the Act defines a 'complainant' as a consumer or a group of consumers; voluntary consumer association; Central or State Government; Central Consumer Protection Authority.

Consumer Complaint in Earlier Legislation

Under the Consumer Protection Act 2019 (CPA 2019), a "complaint" is strictly defined as any allegation in writing made by a complainant with a view to obtaining any relief provided under the Act. Unlike informal grievances, a statutory complaint must explicitly claim that one or more specified legal injuries or infractions have occurred.

Consumer Complaint in Case Laws

Lucknow Development Authority v M.K. Gupta (1994) 1 SCC 243

Facts:

The complainant booked a flat with the Lucknow Development Authority (LDA), a statutory housing authority, but possession of the flat was delayed for several years despite payment being made. The Authority argued that activities relating to housing construction carried out by a statutory body did not amount to a “service” under consumer protection law and therefore could not be challenged before consumer forums.

Issue:

Whether housing construction and development activities undertaken by public statutory authorities fall within the definition of “service” under the Consumer Protection Act, 1986.

Ratio:

The Supreme Court held that the term “service” under consumer law has a broad interpretation and includes services provided by both private entities and statutory authorities. The Court ruled that when public bodies engage in commercial or service-oriented activities such as housing construction, they are accountable for negligence, delay, harassment, or deficiency in service. It further observed that the Consumer Protection Act is a social welfare legislation intended to provide simple and speedy remedies to consumers.

Relevance to Consumer Complaint:

The judgment significantly expanded the scope of consumer complaints by confirming that statutory and governmental authorities can be made liable before consumer forums for deficient services. It established that consumer protection law applies not only to private traders and companies but also to public development authorities when they provide services for consideration. The case remains a landmark precedent in defining the wide ambit of “service” and strengthening consumer rights against administrative negligence.

Indian Medical Association v V.P. Shantha (1995) 6 SCC 651

Facts:

A dispute arose regarding whether medical services provided by doctors, hospitals, and medical practitioners could be treated as “services” hired for consideration under the Consumer Protection Act, 1986. Medical professionals argued that the medical profession was not commercial in nature and therefore should not fall within consumer protection law. The case involved complaints alleging medical negligence and deficient treatment by hospitals and practitioners.

Issue:

Whether medical professionals and medical services fall within the scope of the Consumer Protection Act, 1986.

Ratio:

The Supreme Court held that medical treatment provided for consideration constitutes a “service” under the Consumer Protection Act. It ruled that patients who pay for treatment, directly or through insurance or employer-funded schemes, qualify as consumers and may seek remedies before consumer forums. However, the Court clarified that services rendered entirely free of charge at charitable or government hospitals would generally fall outside the scope of the Act. The Court emphasised that the Act is a social welfare legislation intended to provide simple and speedy remedies against professional negligence and deficient services.

Relevance to Consumer Complaint:

This judgment significantly expanded the scope of consumer complaints by recognising medical negligence as a valid statutory ground for filing complaints before consumer forums. It enabled patients to pursue compensation through specialised consumer redressal mechanisms instead of relying solely on lengthy and expensive civil malpractice litigation. The decision remains a landmark authority establishing the accountability of medical professionals under consumer protection law.

Types and Variations of Consumer Complaint

Deficiency in Services Complaints

The deficiency in services complaint occurs when services have been rendered negligently, inadequately, or otherwise in violation of legal or contractual stipulations. Common examples include complaints related to banks, insurance companies, medical services, telecommunication, housing, and transportation services. Consumer grievances can include complaints relating to untimely delivery of services, denial of claims, medical negligence, or non-delivery of facilities promised. The Supreme Court has also acknowledged that medical and housing services fall under the ambit of consumer laws.

Unfair Trade Practice Complaints

Unfair trade practice complaints relate to misleading or fraudulent methods used by businesses to sell their products or services. Such practices include false advertisements, hidden costs, discounts that do not actually exist, misleading information, and deceptive promotions. Under the Consumer Protection Act, 2019, the CCPA is authorized to investigate and prosecute misleading advertisements or unfair practices in the market.

Product Liability Complaints

In product liability cases, complaints occur when there are defective products causing injuries or harm to consumers. There is an existing statutory law known as Consumer Protection Act, 2019 wherein consumers can recover damages due to their losses caused by defective products manufactured, sold, and provided by manufacturers, sellers, and service providers.

E-commerce Consumer Complaints

E-commerce consumer complaints are grievances raised by consumers due to disputes involving online shopping via digital interfaces. These include issues such as fake listings, delays in deliveries, poor quality of goods, failure to refund payments, misleading advertisements, and privacy concerns. E-Commerce Rules under Consumer Protection Act, 2020 require e-commerce companies to set up mechanisms for handling grievances.

Regional and Institutional Variations

The pattern of consumers’ complaints may vary from state to state and institution to institution based on the extent of consumer knowledge, Internet penetration rate, economic activities, and regulation systems. Generally, more consumer complaints emanate from urban areas, especially in institutions that include banking, telecom, insurance, and e-commerce. Differences also arise in how Consumer Commissions, grievance redressal portals, and other sectoral regulators perform their roles.

International Instruments

UN Guidelines for Consumer Protection

'Consumer complaint' refers to a specific type of dispute that involves expressed dissatisfaction from consumer. Consumer complaint can either be submitted as a one-way report to the authority or, if the claimant desires, seek resolution and/or redress by filing it through an out-of-court CDR mechanism. .

International Experience

United Kingdom

Consumer Rights Act

The primary legislation governing consumer disputes in the UK is the Consumer Rights Act 2015. It consolidates consumer protections for goods, services, and digital content:

• Goods: Products sold to consumers must be of satisfactory quality, fit for a particular purpose, and match their description or a provided sample. If these standards are not met, consumers hold statutory rights to reject the goods, demand a repair or replacement, or receive a price reduction.
• Services: Traders must perform services with reasonable care and skill, and within a reasonable timeframe. If a service is substandard, the consumer can request repeat performance or a price reduction.
• Digital Content: The Act explicitly protects consumers purchasing digital content, ensuring it is of satisfactory quality and fit for purpose. It provides remedies such as repair, replacement, or price reduction if the digital content is defective.
• Unfair Terms: The Act also regulates contract terms and notices, prohibiting unfair terms and barring businesses from excluding liability for negligence.

Ombudsman Systems

If a consumer cannot resolve a dispute directly with a business, they can escalate the issue to an Ombudsman.

• An ombudsman is an independent, impartial person who investigates complaints about organizations entirely free of charge for the consumer.
• They serve as an Alternative Dispute Resolution (ADR) mechanism, aiming to resolve grievances without the need for costly court litigation.
• Different ombudsmen operate for specific industries (e.g., energy, communications, financial services), and consumers can utilize resources like the Ombudsman Association to identify the correct body for their dispute.

Trading Standards Complaint Systems

Trading Standards authorities form an important part of the consumer protection framework in the United Kingdom. Operating through local authorities, Trading Standards professionals investigate unfair commercial practices, scams, counterfeit goods, unsafe products, rogue traders, misleading advertisements, and other violations of consumer protection law.Their role is primarily regulatory and enforcement-oriented, aimed at protecting the wider public interest rather than resolving individual contractual disputes.

• Reporting Mechanism: Consumers do not usually contact Trading Standards directly to report a business. Complaints are first submitted through the Citizens Advice consumer service, which acts as the primary reporting and advisory body for consumer grievances. Citizens Advice provides guidance to consumers, records complaint data, and forwards significant cases to Trading Standards authorities for further investigation.
• Scope of Action: Trading Standards authorities use consumer reports to identify patterns of misconduct and initiate enforcement action where necessary. They possess powers to inspect businesses, prosecute offenders, obtain court orders, seize unsafe goods, and prevent unlawful trading practices.[3] In serious cases involving fraud or public safety risks, businesses may face criminal prosecution or restrictions on their operations.
• Individual Redress: Trading Standards acts in the public interest and will not intervene to fix an individual consumer's problem, such as securing a personal refund or mediating a specific contract breach. Consumers seeking personal redress must pursue other avenues like formal complaints, ADR, or the courts.

European Union

Online Consumer Dispute Resolution (ODR) Systems

To strengthen consumer confidence in cross-border e-commerce and support the development of the European Union’s digital single market, the EU established a centralized Online Dispute Resolution (ODR) framework for consumer disputes arising from online transactions. The system was intended to provide consumers with a simple, accessible, and low-cost mechanism for resolving disputes without resorting to formal court proceedings.

• The Original ODR Platform: The European Commission launched the Online Dispute Resolution (ODR) Platform in February 2016 under Regulation (EU) No. 524/2013. The platform functioned as a multilingual digital portal through which consumers and traders could submit complaints relating to goods or services purchased online. It covered both domestic and cross-border disputes across EU Member States, thereby addressing jurisdictional difficulties commonly associated with international e-commerce transactions.
• Functionality: The multilingual portal allowed consumers to submit complaints entirely online. The platform would then channel the dispute to a registered, national Alternative Dispute Resolution (ADR) body agreed upon by both parties, with the goal of concluding the process within 120 days.
• Discontinuation of the Platform: The centralized European ODR Platform was officially discontinued on July 20, 2025, following the adoption of Regulation (EU) 2024/3228. The discontinuation reflected concerns regarding limited usage and the increasing preference for sector-specific or national dispute resolution mechanisms.
• Current Redress Mechanism: With the closure of the ODR portal, EU consumers seeking out-of-court settlements are now directed to directly consult a published list of certified consumer dispute resolution entities and ADR bodies operating within their respective Member State.

Who can file a consumer complaint?

A complainant can be anyone, be it the consumer himself or his legal heir or representative in case of the consumer's death, or his parent or legal guardian in case of the consumer being a minor; registered voluntary consumer associations; the Central or State Government; or the Central Consumer Protection Authority (CCPA) all have a locus to file a consumer complaint at any forum of competent jurisdiction.

A consumer complaint is a formal representation made by the complainant, as already defined, in writing to avail any of the following relief(s) with regard to good(s) he had purchased or service(s) he had availed

1. unfair contract or unfair trade practice adopted by any trader or service provider
2. defective goods
3. deficiency in services
4. charging prices higher than legally fixed, displayed, or agree prices
5. sale of hazardous goods
6. hazardous services
7. product liability claims against manufacturers, sellers, or service providers

How to file a consumer complaint?

A consumer complaint may be filed before the appropriate Consumer Disputes Redressal Commission having territorial and pecuniary jurisdiction over the matter. Sections 35-41 of the Act, 2019, deals with the establishment and jurisdiction of District Commission; similarly Sections 42-50 deal with the establishment, jurisdiction and appellate powers of State Consumer Commissions; and Sections 51-73 deal with the establishment, jurisdiction and appellate powers of the apex commission, the National Consumer Disputes Redressal Commission. Complaints may be filed either physically before the consumer commission or electronically through the e-Jagriti portal.

Section 69 of the Act puts a limitation period of 2 years from the date when the cause of action arises. However, the District Commission, State Commission, or National Commission may entertain a complaint filed after the expiry of this period if the complainant is able to show sufficient cause for the delay. In such cases, the commission is required to record reasons for condoning the delay.

How to determine Jurisdiction?

Jurisdiction refers to the authority of a Consumer Commission to hear and decide a complaint. Under the Act, consumer commissions work on a three-tier system, i.e., the District Consumer Disputes Redressal Commission, the State Consumer Disputes Redressal Commission, and at the apex, the National Consumer Disputes Redressal Commission. At present, there are 35 State Consumer Commissions and 678 District Consumer Commissions in the country. The jurisdiction is basically of two types: pecuniary jurisdiction which is based on the monetary value of the consideration and territorial jurisdiction which is based on where the cause of action arose or where the complainant or the opposite party resides or carries on business.

Under the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021,  

1. a District Commission can hear complaints where the value of goods or services paid as consideration is up to ₹50 lakh;  
2. a State Commission hears complaints where the value of goods or services paid as consideration is between ₹50 lakh and ₹2 crore; and  
3. the National Commission hears complaints where the value of goods or services paid as consideration is above ₹2 crore.

The Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021, which revised the pecuniary jurisdiction of the three-tiers of consumer commissions was aimed at lowering the long-standing burden and backlog of cases due to the limits.

Online Platforms for Consumer Complaint Filing

National Consumer Helpline (NCH) Portal

Consumers can register online their grievances through this portal. This portal is an alternate dispute redressal mechanism at pre-litigation level. In case, the consumer is not satisfied, he/she can approach the appropriate Consumer Commission.

Any aggrieved consumer can register his / her grievance by either calling the toll-free number 1800-11-4000 or 1915 and talk to an agent or register himself once in the portal, get and User ID and password and lodge his grievance himself attaching necessary documents, if any. Consumer can also SMS on 8800001915. Alternatively, a complaint can also be filed through NCH and UMANG app.

The year-wise details of the complaints registered, complaints disposed and the average number of complaints registered per month on NCH during the last three years are as follows:

Year	Total Complaints Registered	Total Complaints Disposed	Average Complaints per Month
2025	14,26,046 (till Oct)	13,10,102 (till Oct)	1,42,605 (till Oct)
2024	13,43,412	13,43,412	1,11,951
2023	11,67,571	11,67,571	97,298
2022	9,54,199	9,54,199	79,517

NCH refund data is the statistics and reports regarding the consumer grievances it handles and the financial refunds it successfully recovers for consumers. It tracks how much money is returned to consumers across different sectors.

NCH Refund Data (April 2025 - January 2026):

• Total Refunds Facilitated: ₹52 crore.
• Total Grievances Resolved: 79,521 complaints related to refund claims.
• E-commerce Sector: 47,743 complaints, leading to refunds exceeding ₹36 crore (accounts for ~69% of total refunds).
• Travel & Tourism: 5,149 complaints, refunds over ₹4 crore.

e-Jagriti Portal

Launched on 1st January 2025, e-Jagriti is the government’s next-generation, unified digital platform that integrates earlier systems like e-Daakhil, OCMS, and CONFONET into a single interface for end-to-end case management.

How to file a consumer complaint on e-Jagriti Portal:-

1. Register: Visit e-jagriti.gov.in and complete the simple OTP-based registration process.
2. Select Case Type: From the dashboard, click on "File New Case" and select "Consumer Complaint".
3. Enter Case Details: Fill in details about the transaction, the relief sought, and provide information for the complainant and opposite party.
4. Upload Documents: Attach a scanned copy of all necessary documents (bills, affidavits, etc.).
5. Select Commission: Based on the value of your claim, select the appropriate Consumer Commission.
6. Submit: Finalise and submit your complaint. You will receive a reference number to track the case in real time.

The current status of cases under e-Jagriti Portal:-

Status	Number of Cases
Filed	31,54,379
In Progress	5,86,848
Disposed	25,67,531

Official Databases

The e-jagriti platform has recorded a clear rise in disposal efficiency in 2025. Major data findings are as below:

Metric	Data (as of November 2025)
Total Cases Filed	1,30,550
Total Cases Disposed	1,27,058
Users Registered	Over 2.75 lakh (including 1,388 NRIs)
Top Filing States	Gujarat (14,758), Uttar Pradesh (14,050), Maharashtra (12,484)

The table below presents key performance metrics of the consumer complaint redressal system in India, as derived from the Consumer Justice Report 2026 by the India Justice Report (IJR). Total Cases Analyzed refers to the aggregate number of consumer disputes filed across all Consumer Commissions (District, State, and National) over a 15‑year period. Pendency Increase measures the percentage rise in the backlog of unresolved cases between two points in time. Long-Pending Cases (State Level) indicates the proportion of cases pending before State Commissions for more than three years, highlighting delays beyond the statutory timeline.

Metric	Finding
Total Cases Analyzed	Over 2.86 million cases were filed in consumer courts between 2010–2024
Pendency Increase (2020–2024)	Overall case pendency increased by 21%, crossing 5.15 lakh cases
Long-Pending Cases (State Level)	35% of cases in State Commissions remained pending for more than 3 years
Case Clearance Rate (Overall)	National Case Clearance Rate declined to 98% by 2024
Disposal Rate (2020–2024)	88.6% of cases filed nationwide during this period were disposed of

Data Challenges and Way Ahead

Access to consumer justice remains uneven. The India Justice Report (IJR) 2026, based on RTI data, parliamentary responses and analysis of over 2.86 million cases filed between 2010 and 2024, found that despite the Consumer Protection Act's mandate of 3-5 months for disposal, over 35 per cent of cases in State Commissions have been pending for more than three years. The report also highlighted that more than half of president and member posts in State Commissions were vacant in 2025, crippling the system's ability to deliver timely justice. Wide state disparities persist. Andhra Pradesh emerged as the top performer among large states, while Telangana ranked last, and Kerala recorded nearly 80 per cent of cases pending beyond three years. Delays in redressal are not accidental but systemic: Maharashtrās State and District Commissions take over 600 days to resolve a single case, nearly four times the legal limit of 150 days.

The rise of e-commerce has introduced new challenges. A LocalCircles survey of over 47,000 consumers across 294 districts found that seven in ten online shoppers in India cannot find basic contact details of sellers on e-commerce platforms. Despite the Consumer Protection (E‑Commerce) Rules, 2020 requiring platforms to display seller information, most platforms still do not comply. A study of 250 respondents found that 94.4 per cent believed existing laws are insufficient to protect consumers in e-commerce disputes. The same study noted that very few consumers actually file complaints before Consumer Fora, and even fewer are aware of legal remedies. Digital complaint mechanisms, particularly the e-Jagriti portal launched on 1 January 2025, have been positioned as the solution, but research and judicial scrutiny have exposed serious gaps. A Public Interest Litigation before the Punjab & Haryana High Court in October 2025 alleged that the portal was "largely dysfunctional," creating a "digital lockdown" where litigants and advocates could not track cases or access orders. Shutting down old systems like e-Daakhil without a working replacement made the problem worse and raises doubts about the reliability of digital justice.

Related Terms

Consumer Dispute

A consumer dispute is defined under Section 2(8) of the Consumer Protection Act, 2019 as follows: "The term 'consumer dispute' means a dispute where the respondent denies the allegation made in the complaint." In other words, a consumer dispute can be explained as an official conflict between a consumer and the opposing party involved, such as a seller, manufacturer, or service provider, which requires arbitration before a consumer forum or commission because the latter denies the former’s complaint.

Consumer Grievance

Consumer grievance can be understood as a complaint against something that has happened as a consequence of consumption of goods or services. Some examples of consumer grievances may involve faulty goods which do not work according to the stated specifications, insufficient services, wrong advertisement, pricing, and so forth. In contrast to a consumer complaint or consumer dispute, a consumer grievance may be informally voiced at first and always leads to an actual complaint. "Grievance Redressal" usually involves receiving complaints from consumers and citizens but the term "grievance redressal" is sometimes used for any citizen or consumer problem.

Consumer Claim

A consumer claim is a claim made by the consumer for remedies arising out of the supply of goods or services provided by the supplier to the consumer (regardless of whether there was any contract involved in the supply of goods or services) or arising out of a collateral contract for supply of goods or services. It is an official assertion by a consumer for seeking compensation or other relief due to his right. To succeed in making such claims, the consumer needs to establish that he is a "consumer" in relation to the claim, that the acts done by the seller are unfair or deceptive, and that these led to financial loss.

Complaint Petition

Complaint Petition refers to the formal written complaint that is lodged by a consumer to the appropriate Consumer Disputes Redressal Commission (CDRC) containing the allegations against the opposite party, seeking relief and evidence. According to the Consumer Protection Act section 2(c), the term "complaint" shall refer to the complaint lodged by the complainant in written form to the appropriate forum in which he/she must mention the allegation in full, attach all the necessary documents, pay the court fees, and submit an affidavit. Complaints are presented to Consumer Disputes Redressal Commissions depending on the amount involved in either the District, State, or National level.

Product Liability Action

According to the Consumer Protection Act, 2019, product liability means "the obligation on the manufacturer or seller, of any product or service, to compensate for the harm caused to the consumer by the defect in the manufactured or sold products or deficiency in the services thereof." Further, it means "an action brought before a District Commission, State Commission or National Commission by an aggrieved individual for claiming compensation for the harm caused to him." Chapter VI (Sections 82–87) of the Consumer Protection Act, 2019 enumerates consumers' rights to compensation for losses caused by defective products, substandard services, or deceptive advertisements.

Deficiency in Service

The Consumer Protection Act, 2019 has provided its definition under section 2(11). According to it, "Deficiency in Service" includes "any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force, or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service."

Unfair Trade Practice

As per Section 2(47) of the Consumer Protection Act, 2019, an unfair trade practice means a trade practice that for the purposes of promoting the sale, use or supply of any goods or for the provision of any service employs any unfair method or unfair or deceptive practice. The section is inclusive of the following:

• Making false or misleading statements about goods or services (orally, in writing, or electronically);
• Producing counterfeit goods or offering inferior services; failing to issue invoices or cash memos; refusing to accept returns or refunds for defective goods; and disclosing a consumer's private information without consent.

Redressal Complaint

The redressal complaint, also known as the grievance redressal complaint, is the procedure that enables a consumer to utilize the legal machinery to secure a remedy or compensation for the injustice, damage, or loss that has been experienced as a result of the misconduct of the seller, manufacturer, or service provider. The phrase "Grievance Redressal" can be applied to complaints received from consumers and citizens in general, though its scope is broader.

References

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Page created 2026-08-21  ·  Last updated 2026-08-22