A defective phone, a refund that never arrives, an insurer that will not respond: Indian consumers have two formal routes for such problems. The first is the free National Consumer Helpline (NCH), which takes the grievance to the company. The second is a consumer commission, which can pass a binding order under the Consumer Protection Act, 2019. This guide explains both, in the order most people use them.

Who counts as a consumer

Under the 2019 Act, a consumer is a person who buys goods or hires a service for payment, including part payment or deferred payment. A person who uses the goods or the service with the buyer's approval is also covered.

Two points matter in practice:

  • Online purchases are covered. The definition includes transactions made offline or online, through electronic means, teleshopping, direct selling or multi-level marketing.
  • Commercial buyers are not. Someone who buys for resale or for a commercial purpose is not a consumer. Goods bought and used only to earn a living through self-employment are not treated as a commercial purpose.

What you can complain about

A complaint under the Act can allege any of the following:

  • defective goods - a fault in quality, quantity, potency, purity or standard;
  • deficient service - a shortcoming in quality or manner of performance, including negligence and withholding relevant information;
  • overcharging;
  • goods or services that are unsafe or hazardous;
  • an unfair or restrictive trade practice, or an unfair contract;
  • a product liability claim for harm caused by a defective product.

Unfair trade practices listed in the Act include false claims about quality, selling used goods as new, misleading price comparisons, not giving a bill or receipt, and refusing to take back defective goods or refund the money within the period stated on the bill (30 days if none is stated).

Step 1: Write to the seller or company first

Before any formal complaint, send the seller or service provider a written complaint by email or through its app or website. Keep the bill, order number, warranty card, photographs and all replies. These documents are needed at every later stage.

Step 2: National Consumer Helpline (1915)

If the company does not resolve the matter, register a grievance with the National Consumer Helpline, run by the Department of Consumer Affairs. The helpline's website lists these channels:

ChannelHow
PhoneDial 1915 (toll-free), 8 AM to 8 PM
WhatsApp or SMS8800001915
WebsiteSign up at consumerhelpline.gov.in and register the grievance
Mobile appsNCH app, or the UMANG app

The website says the service is available in 17 languages. After registering, you can follow the grievance on the "Track Your Grievance" page and add papers through "Upload Documents".

The helpline is not a court. It forwards the grievance to the company and follows it up, and many disputes end here. If yours does not, you can go to a consumer commission. Using the helpline first is not a legal requirement.

Step 3: Choose the right consumer commission

There are three levels of consumer commissions. Which one hears your complaint depends on the value of the goods or services paid as consideration, not on the compensation you ask for. The limits below are those set by the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.

Amount paid for goods or serviceCommission
Up to Rs 50 lakhDistrict Commission
Above Rs 50 lakh and up to Rs 2 croreState Commission
Above Rs 2 croreNational Commission

For a District Commission, section 34 of the Act lets you file in the district where:

  • you live or personally work for gain; or
  • the opposite party lives, carries on business or has a branch office; or
  • the cause of action arose, wholly or in part.

This means a buyer does not have to travel to the seller's city.

Step 4: File the complaint

Section 35 allows a complaint to be filed electronically, and the fee to be paid electronically. The Ministry of Consumer Affairs runs the e-Jagriti platform (e-jagriti.gov.in) for consumer commissions. A complaint can also be presented at the commission's office.

A complaint normally sets out:

  1. your name and address, and the name and address of the opposite party;
  2. the facts in date order - what was bought, when, for how much, and what went wrong;
  3. the documents you rely on - bill, warranty, emails, helpline reference;
  4. the relief sought - repair, replacement, refund, compensation and costs.

A prescribed fee is payable with the complaint. Check the current fee on the filing portal or at the commission before you pay, since it depends on the amount involved.

A complaint may be filed by the consumer, a registered voluntary consumer association, the legal heir of a deceased consumer, the parent or guardian of a minor, or several consumers with the same interest with the commission's permission.

Time limits to remember

StageTime limit in the Act
Filing the complaintWithin 2 years of the cause of action (section 69)
Opposite party's reply30 days, extendable by up to 15 days
Decision, where no testing of goods is neededCommission to try to decide within 3 months of notice to the opposite party
Decision, where goods need laboratory testingWithin 5 months
Appeal against a District Commission orderWithin 45 days, to the State Commission (section 41)

The three-month and five-month periods are targets the commission must try to meet. If it takes longer, it has to record the reasons. A late complaint or appeal can be accepted when sufficient cause for the delay is shown.

How the hearing works

Complaints are heard on affidavits and documents. The commission can allow a personal hearing or a hearing by video conference when asked, for reasons it records. If the opposite party does not reply in time, the commission can decide the case on the complainant's evidence alone. It can also pass interim orders while the case is pending.

If you lose, or the other side appeals

An order of the District Commission can be appealed to the State Commission within 45 days. A party that has been ordered to pay money must first deposit 50% of that amount before its appeal is heard. No appeal lies against an order that only records a settlement reached through mediation.

Related guides

This article explains the procedure in general terms and is not legal advice. For a specific dispute, read the Act and rules or consult a lawyer or a registered consumer organisation.

Frequently asked questions

What is the consumer helpline number in India?

The National Consumer Helpline is 1915. It is toll-free and, as listed on the helpline's website, works from 8 AM to 8 PM. The same service takes complaints by SMS and WhatsApp on 8800001915.

Is the National Consumer Helpline a court?

No. The helpline registers a grievance and takes it up with the company. A binding order for refund, replacement or compensation comes only from a consumer commission under the Consumer Protection Act, 2019.

Which consumer commission should I approach?

It depends on the amount you paid for the goods or service. Up to Rs 50 lakh goes to the District Commission, above Rs 50 lakh and up to Rs 2 crore to the State Commission, and above Rs 2 crore to the National Commission.

What is the time limit to file a consumer case?

A complaint must be filed within two years from the date the cause of action arose. A commission can accept a later complaint if it is satisfied there was sufficient cause for the delay, and it must record its reasons.

Can I file a consumer complaint in my own city?

Yes. The 2019 Act allows a complaint in the District Commission for the area where the complainant lives or personally works for gain, apart from the place where the seller operates or where the cause of action arose.

Can I complain about an online purchase?

Yes. The Act's definition of a consumer covers goods and services bought offline or online, including through teleshopping, direct selling and multi-level marketing.

Sources

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