Consumer Complaint Format — Consumer Protection Act 2019 India

# Consumer Complaint Format — Consumer Protection Act, 2019 India

The Consumer Protection Act, 2019 (CPA 2019) replaced the Consumer Protection Act, 1986 and significantly strengthened consumer rights in India. Under this law, any consumer who has suffered a deficiency in service or received a defective product can file a complaint before the appropriate Consumer Disputes Redressal Commission (commonly called the Consumer Forum or Consumer Court).

The three-tier redressal structure is:

- **District Commission**: Claims up to Rs. 50 lakhs

- **State Commission**: Claims above Rs. 50 lakhs up to Rs. 2 crores

- **National Commission (NCDRC)**: Claims above Rs. 2 crores

As per the CPA 2019, complaints can also be filed **online** through the E-DAAKHIL portal (edaakhil.nic.in), which has made consumer redressal significantly more accessible.

This is for informational purposes only and does not constitute legal advice.

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When to Use This Template

A consumer complaint can be filed when:

- You purchased a product that was defective, counterfeit, or not as advertised

- You received deficient service (banking, insurance, healthcare, construction, telecommunications, transportation)

- A builder/developer failed to deliver possession or provide promised amenities (RERA and Consumer Forum remedies overlap here)

- A hospital, doctor, or healthcare facility provided deficient medical services

- An insurance company wrongfully rejected your claim

- An airline, hotel, or travel agency failed to provide contracted services

- You were a victim of unfair trade practice or misleading advertisement

- An e-commerce platform failed to facilitate return or refund as per their own policy

**Who is a "Consumer" under CPA 2019?**

A person who buys goods or avails services for personal use (not for commercial resale or business purposes) is a consumer. You must be the person who suffered the deficiency — third party complaints on behalf of another person are not maintainable unless you are their legal representative.

**Limitation Period:**

A consumer complaint must be filed within **2 years** from the date on which the cause of action arose (i.e., the date of the deficiency or defect). Delay beyond 2 years may be condoned if sufficient cause is shown.

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Sample Format

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BEFORE THE [DISTRICT / STATE / NATIONAL] CONSUMER DISPUTES REDRESSAL COMMISSION

AT [CITY / STATE]

CONSUMER COMPLAINT NO. ___ OF 20__

IN THE MATTER OF:

[COMPLAINANT'S FULL NAME], [Age: XX years], [Occupation],

[Complete Address including Pin Code],

Phone: [PHONE NUMBER], Email: [EMAIL ADDRESS] ... COMPLAINANT

VERSUS

[OPPOSITE PARTY 1 — COMPANY/SHOP/SERVICE PROVIDER NAME],

through its [AUTHORISED SIGNATORY / MANAGER / PROPRIETOR / DIRECTOR],

[REGISTERED OFFICE / PRINCIPAL BUSINESS ADDRESS], ... OPPOSITE PARTY 1

[OPPOSITE PARTY 2 — IF APPLICABLE, e.g., MANUFACTURER / DEALER / AGENT]

[ADDRESS] ... OPPOSITE PARTY 2

CONSUMER COMPLAINT UNDER SECTIONS [APPLICABLE SECTIONS — e.g., 35, 36, 37 OF THE

CONSUMER PROTECTION ACT, 2019]

COMPLAINT

The Complainant most respectfully submits as follows:

1. PARTIES

a. The Complainant, [NAME], is a consumer as defined under Section 2(7) of the Consumer Protection Act, 2019, having purchased [GOODS / AVAILED SERVICES] from the Opposite Party.

b. The Opposite Party No. 1, [COMPANY/ENTITY NAME], is engaged in the business of [nature of business — e.g., "selling consumer electronics" / "providing insurance services" / "construction and real estate development"] and is responsible for the deficiency/defect complained of herein.

2. JURISDICTION

a. This Commission has territorial jurisdiction as [the Complainant resides within the territorial jurisdiction of this Commission] / [the Opposite Party has its principal office within this territory] / [the cause of action arose within this territory].

b. This Commission has pecuniary jurisdiction as the value of the goods/services and the compensation claimed falls within Rs. [AMOUNT], which is within the pecuniary jurisdiction of the District Commission.

3. FACTS OF THE COMPLAINT

a. On [DATE OF PURCHASE / TRANSACTION], the Complainant [purchased / booked / availed] [DESCRIPTION OF PRODUCT OR SERVICE] from the Opposite Party No. 1, for a total consideration of Rs. [AMOUNT] (Rupees [IN WORDS] only, as evidenced by [Invoice No. / Receipt No. / Booking Confirmation] [NUMBER] dated [DATE], annexed hereto as **Exhibit A**.

b. [DESCRIBE WHAT WAS PROMISED / THE TERMS OF PURCHASE / SPECIFICATIONS — e.g., "The said product was a [BRAND] [MODEL] with the following specifications: [SPECS]. The Opposite Party represented that the product was of good quality and would perform as advertised."]

c. [DESCRIBE THE DEFECT/DEFICIENCY — chronologically and specifically. E.g.:]

i. On [DATE], approximately [NUMBER] days after purchase, the Complainant noticed that [DESCRIBE THE DEFECT — e.g., "the product failed to start / the service was not provided / the construction was defective / the insurance claim was rejected"].

ii. The Complainant immediately informed the Opposite Party's customer service on [DATE] through [mode — e.g., "a written complaint bearing Reference No. [NUMBER]" / "an email" / "a phone call"], as evidenced by **Exhibit B**.

iii. Despite repeated follow-ups on [DATES], the Opposite Party failed to [repair / replace / refund / provide adequate service / settle the claim].

iv. [Add more specific facts as needed — each chronologically and supported by evidence.]

d. The Opposite Party's [refusal to repair / failure to replace / rejection of claim / delay in service / defective service] constitutes:

i. A "Deficiency in Service" as defined under Section 2(11) of the Consumer Protection Act, 2019; [AND/OR]

ii. A "Defect in Goods" as defined under Section 2(10) of the Consumer Protection Act, 2019; [AND/OR]

iii. An "Unfair Trade Practice" as defined under Section 2(47) of the Consumer Protection Act, 2019.

4. LEGAL GROUND

The Complainant is entitled to the following reliefs under Section 39 of the Consumer Protection Act, 2019:

a. Replacement of the defective goods with new goods of the same description; [OR]

b. Refund of the price paid for the goods/services; [AND/OR]

c. Compensation for the loss, injury, and mental harassment suffered by the Complainant; [AND/OR]

d. Punitive damages where applicable.

5. PARTICULARS OF CLAIM

a. Cost of defective product / service: Rs. [AMOUNT]

b. Compensation for physical harm / inconvenience: Rs. [AMOUNT]

c. Compensation for mental harassment: Rs. [AMOUNT]

d. Litigation costs: Rs. [AMOUNT]

-------------------------------------------

TOTAL CLAIMED: Rs. [TOTAL AMOUNT]

6. PRAYERS

In light of the above, the Complainant most humbly prays that this Hon'ble Commission may be pleased to:

a. Direct the Opposite Party to [REPLACE THE DEFECTIVE PRODUCT with a new unit of the same model / REFUND a sum of Rs. [AMOUNT]].

b. Direct the Opposite Party to pay compensation of Rs. [AMOUNT] to the Complainant for deficiency in service, physical and mental harassment caused.

c. Direct the Opposite Party to pay costs of this complaint proceedings of Rs. [AMOUNT].

d. Grant such other and further reliefs as this Hon'ble Commission deems fit and proper in the facts and circumstances of this complaint.

PLACE: [CITY]

DATE: [DATE]

[COMPLAINANT'S SIGNATURE]

[COMPLAINANT'S NAME]

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VERIFICATION

I, [COMPLAINANT'S NAME], the Complainant above named, do hereby verify and declare that the contents of this complaint are true and correct to the best of my knowledge, information, and belief; that nothing material has been concealed therefrom.

Verified at [CITY] on [DATE].

[COMPLAINANT'S SIGNATURE]

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LIST OF EXHIBITS / DOCUMENTS ATTACHED:

Exhibit A: [Invoice / Receipt / Booking Confirmation]

Exhibit B: [Complaint to Opposite Party / Email Correspondence]

Exhibit C: [Any warranty card / policy document]

Exhibit D: [Any photographs / technical report of defect]

Exhibit E: [Legal notice sent to Opposite Party and/or reply received]

[Add more as applicable]

```

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Key Elements Explained

**Parties**

The Complainant must be the consumer who purchased the goods or availed services for personal use. The Opposite Party is the seller, manufacturer, service provider, or any entity in the supply chain responsible for the defect/deficiency.

**Jurisdiction Paragraph**

Always address jurisdiction — both territorial (where did the transaction occur or where does the complainant reside?) and pecuniary (does the value of the claim fall within the District/State/National Commission's limits?).

**Chronological Facts**

The factual section must be chronological and specific. Include dates, reference numbers, emails, and conversation records. Attach documentary evidence for every factual claim. Consumer Commissions appreciate clear, organised complaints.

**Exhibits**

Documentation is crucial. Retain and exhibit: purchase receipt/invoice, warranty card, complaint emails/letters, photographs of defect, technical inspection reports, and the legal notice sent before filing the complaint (if any).

**Prayers**

State what relief you want specifically — replacement, refund, compensation, or all three. Indian Consumer Commissions can award compensation for mental agony in addition to the refund/replacement.

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Important Notes

**Send Legal Notice First**

While not legally mandatory under the CPA 2019, it is strongly advisable to send a legal notice to the Opposite Party before filing the complaint. This demonstrates good faith, often leads to settlement, and is noted favorably by Consumer Commissions.

**Filing Fee**

A nominal filing fee is payable when filing a consumer complaint. The fee structure under CPA 2019:

- Claims up to Rs. 5 lakhs: No fee (free)

- Rs. 5 lakhs to Rs. 10 lakhs: Rs. 200

- Rs. 10 lakhs to Rs. 20 lakhs: Rs. 400

- Rs. 20 lakhs to Rs. 50 lakhs: Rs. 1,000

(Higher slabs apply for State and National Commissions — check current fee schedule.)

**Online Filing — E-DAAKHIL**

The CPA 2019 introduced E-DAAKHIL (edaakhil.nic.in) for online filing of consumer complaints. This allows complainants to file, track, and receive orders digitally without physically visiting the Consumer Commission.

**No Requirement of Advocate**

You do not need an advocate to file a consumer complaint. Consumer Commissions are designed to be accessible to ordinary citizens. However, for complex matters or high-value claims, engaging an advocate is advisable.

**Limitation: 2 Years**

The complaint must be filed within 2 years from the date the cause of action arose. If you are beyond 2 years, you must file an application for condonation of delay with proper explanation.

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FAQ

**Q1. Can I file a consumer complaint against a private hospital or doctor?**

Yes. Medical services are covered under the Consumer Protection Act, 2019. Deficiency in medical services — failure to diagnose, incorrect treatment, negligent surgery — can form the basis of a consumer complaint against a private hospital or clinic. However, note that the Supreme Court in Indian Medical Association v. V.P. Shantha (1995) held medical services are covered, but claims of negligence require expert medical opinion. High-value medical negligence cases are often better pursued through civil courts with medical experts.

**Q2. Can I file a consumer complaint about a builder who has not delivered my flat?**

Yes. Builder-buyer disputes involving delayed possession, failure to deliver as promised, or deficiency in construction quality are maintainable before Consumer Commissions (as well as RERA). The Consumer Protection Act and RERA offer parallel remedies — you can choose the forum that best suits your matter. For possession and refund, RERA tends to be more specific; for compensation and mental agony, Consumer Commissions have awarded substantial amounts.

**Q3. How long does a consumer complaint take to get resolved?**

Under the CPA 2019, Consumer Commissions are required to endeavour to dispose of complaints within 3 months (for matters not requiring laboratory testing) or 5 months (for matters requiring testing). In practice, timelines vary. Many District Commissions resolve straightforward complaints in 6–12 months. Complex matters, especially those involving multiple Opposite Parties or appeals, may take longer.

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*This template is provided for educational and informational purposes only. It does not constitute legal advice. Consumer protection law involves procedural requirements and jurisdiction-specific rules. For complex or high-value consumer complaints, consult a qualified advocate.*