What can be complained of
Under the Consumer Protection Act, 2019 a consumer can complain of a defect in goods, a deficiency in service, an unfair trade practice or an unfair contract, and claim refund, replacement, compensation for loss and mental agony, and litigation costs. Common cases in Delhi: builders and developers (delay, refund, possession), insurance repudiation (health, life, motor), banks and NBFCs (wrong debits, loan account disputes, credit-card charges), airlines and travel, education institutions, hospitals and medical negligence, e-commerce platforms, and automobile dealers and manufacturers.
A buyer of goods or services for commercial purposes is generally not a “consumer”, unless the purchase was for earning a livelihood by self-employment; this is the first objection in many cases and is addressed at the drafting stage.
Which commission
| Value of goods or services paid | Commission |
|---|---|
| Up to ₹50 lakh | District Consumer Disputes Redressal Commission |
| ₹50 lakh to ₹2 crore | State Commission, Delhi |
| Above ₹2 crore | National Commission (NCDRC), New Delhi |
Jurisdiction is decided by the value of the consideration paid (not the compensation claimed). The complaint can be filed where the opposite party carries on business or where the complainant resides or works — a significant convenience introduced by the 2019 Act.
Limitation and procedure
The complaint must be filed within two years from the date on which the cause of action arose (Section 69), with delay condonable on sufficient cause recorded in writing. Complaints are filed on the e-Daakhil portal, with the complaint, affidavit, documents and the prescribed fee. The Act contemplates admission, reply within 30 days (extendable by 15), evidence by affidavit, arguments and order — and reference to the consumer mediation cell where a settlement is possible. Appeals lie from the District Commission to the State Commission within 45 days and from the State Commission to the National Commission within 30 days, in each case ordinarily with a deposit of 50% of the amount ordered.
Orders are executed under Section 71 as decrees of a civil court, and non-compliance is punishable under Section 72.
What the chambers does
For complainants — assessing whether the forum is right (consumer, RERA, civil court or arbitration), drafting a complaint that pleads the deficiency and quantifies the loss with documents, appearing through admission, evidence and arguments, and executing the order.
For businesses and professionals — the written version and objections (maintainability, commercial purpose, limitation, arbitration clause, absence of deficiency), evidence in defence, settlement where sensible, and appeals and revisions before the State and National Commissions.
Documents to keep ready
- Invoice, receipt, agreement, policy or booking confirmation
- Correspondence with the opposite party — complaints, emails, chat records, call recordings
- Proof of the defect or deficiency — reports, photographs, medical records, expert opinion
- Proof of payment and of the loss claimed
- For businesses: the terms and conditions, service records and the customer-communication trail
Frequently asked questions
Can I file a consumer complaint myself without a lawyer?
Yes, and many consumers do for small claims. Representation makes the difference where the amount is significant, where the opposite party is a large company with counsel, or where questions of maintainability and evidence are likely to arise.
Is a consumer complaint possible if the agreement has an arbitration clause?
Yes. The Supreme Court in Emaar MGF Land Ltd. v. Aftab Singh (2018) held that an arbitration clause does not bar a consumer complaint; the consumer forum is an additional remedy.
How long does a consumer case take in Delhi?
The Act intends disposal within three to five months, but in practice District and State Commission cases in Delhi commonly take one to two years or more depending on the commission’s pendency; interim relief and mediation can shorten the process.
Can a home buyer choose between RERA and the consumer commission?
Yes. Both remedies are available, and the choice depends on the relief sought and the stage of the project; the same claim cannot be pursued in both simultaneously.
What if the opposite party does not comply with the order?
An execution application under Section 71 is filed before the same commission, which can attach property, direct payment and, under Section 72, impose imprisonment and fine for non-compliance.
Discuss your matter
Call or WhatsApp, or send a short summary online. Consultations are held in chambers or by video, with your documents.