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It depends on the value of the goods or services. Up to 50 lakh is heard by the District Commission, between 50 lakh and 2 crore by the State Commission, and above that by the National Commission.
Two years from the date the cause of action arises. A delayed complaint can be filed with an application explaining the delay, which the commission decides.
Not always. Evidence can be filed by affidavit and many hearings are procedural. Where the commission requires the complainant, the date is fixed in advance.
Yes. The Act allows compensation for loss, injury, and mental agony caused by a deficient service or a defective product, along with litigation costs.
A consumer complaint is decided on documents, not on oral testimony in the ordinary sense. The commission reads the complaint, the affidavit and the exhibits, then hears the parties on the exhibits. That means the case is largely won or lost in how the exhibits are arranged and whether the documents show the three elements the Act requires: that the complainant is a consumer, that there is a defect in the goods or a deficiency in the service, and that loss or injury followed.
| Claim | Documents that carry it |
|---|---|
| Defective goods | Invoice, warranty card, service centre job sheets and refusals, photographs of the defect, purchase correspondence |
| Deficiency in a service | Service contract or booking confirmation, payment receipt, complaint reference numbers, remains-unresolved correspondence |
| Unfair trade practice | Advertisement or brochure relied on, the representation made, the gap between it and what was delivered |
| Insurance claim refused | Policy, premium receipts, claim form, the repudiation letter and the reason stated in it |
| Builder delay | Agreement for sale, payment receipts, the sanctioned completion date, any assurance of revised delivery |
| Bank or payment service | Statement, transaction reference, written complaint to the bank, reply or silence, complaint reference with the ombudsman |
In an insurance or a bank complaint, the reason given in the refusal letter frames the whole case. If the refusal was on a ground not available under the policy, the commission can decide on that ground alone without going into the merits of the loss. The complaint is therefore drafted to answer the reason actually given, and any other reason the opposite party raises later is met with the point that a new ground cannot be added to justify a refusal already made.
The complaint must be filed within two years of the cause of action. Where it is filed late, an application for condonation of delay has to be filed with the complaint, explaining the delay and supported by the proof of when the complainant actually learned of the defect or of the refusal. Condonation is discretionary; it is granted where the delay is explained on documents, and refused where the explanation is only in the affidavit.
The relief available includes replacement of the goods, removal of the defect, refund of the price with interest, compensation for loss and injury, and costs. Where an unfair or restrictive trade practice is established, the commission can direct that the practice be discontinued and can order corrective advertising. An appeal against an order of the District Commission lies to the State Commission within the statutory period, and further to the National Commission.
The office drafts the complaint, the affidavit and the prayer, files through the e-Daakhil portal or physically where that is preferable, and appears before the commission. Claims are usually run on the documents alone, so clients outside Kolkata are not required to travel. For a first view, send the invoice or policy, the correspondence with the opposite party and a short chronology to the office, or call +91-9007000603. The first consultation is free.
The commission is not bound by the technicalities of a civil court, but it does apply the principles of natural justice. The opposite party must be served, given an opportunity to file a reply, and heard before an order is passed. Where the opposite party does not appear despite service, the matter can proceed ex parte, and an ex parte order is as enforceable as a contested one, though it can be set aside on an application showing sufficient cause for the absence.
| Stage | Who files | What it must contain |
|---|---|---|
| Complaint | Complainant | Facts, jurisdiction, relief, affidavit and documents |
| Reply on admission | Opposite party | Whether the complaint is admitted in whole or in part, before any other defence |
| Written version | Opposite party | Grounds of defence, jurisdiction objections and the documents relied on |
| Evidence affidavit and rejoinder | Both parties | The documents proved on affidavit, and the answer to the written version |
| Final hearing | Both parties | Arguments on the admitted documents |
Where the opposite party is a company, service is on its registered office and the complaint must state the correct corporate description. Where a foreign entity has sold goods or provided a service to a consumer in India through a platform, the commission has taken the view that jurisdiction can be founded where the consumer resides or where the platform operates, and that a clause in the terms purporting to exclude Indian jurisdiction does not bind a consumer. The complaint should address that clause specifically.
An order becomes enforceable once the appeal period has expired. Where the opposite party does not pay, an execution application is filed before the commission that passed the order, and the commission may attach property or, where the order remains unsatisfied and the person is liable, take further coercive steps. The application is filed with the certified copy of the order, an affidavit of non-compliance and the details of the opposite party's assets where they are known.
For a consumer matter, send the invoice, the reply or refusal received, and a dated chronology to the office, or call +91-9007000603. The first consultation is free.