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Consumer Law · 2019

Consumer Protection Act, 2019

उपभोक्ता संरक्षण अधिनियम, 2019

Protects buyers of goods and services — updated for e-commerce and unfair trade practices

The Consumer Protection Act, 2019 replaces the 1986 Act and gives consumers stronger rights against defective goods, deficient services, misleading advertisements, e-commerce fraud, and unfair contracts. Complaints can be filed offline or online through the e-Daakhil portal.

Key provisions

Section 2(7) — Definition of Consumer

Includes buyers of goods and services online and offline, but excludes purchases for commercial resale.

Section 2(47) — Unfair trade practices

Covers misleading ads, false warranties, hoarding, bait selling, and refusal to provide bills.

Section 34–58 — Consumer Commissions

District Commission (up to ₹50 lakh), State Commission (₹50 lakh to ₹2 crore), National Commission (above ₹2 crore).

Section 74–81 — Mediation

Voluntary mediation with attached Mediation Cell for faster resolution before adjudication.

Section 82–87 — Product Liability

Product manufacturer, seller and service provider liable for harm caused by defective goods or deficient services.

Central Consumer Protection Authority (CCPA)

Regulator with power to recall unsafe products, penalise misleading ads, and issue class action orders.

How to file a consumer complaint

Step 1: Send a legal notice to the seller/service provider giving 15–30 days to remedy. Step 2: File online at edaakhil.nic.in or offline at the District Commission where you reside or where the cause of action arose. Step 3: Attach bill, warranty card, correspondence and pay court fee (₹100 to ₹5,000 based on claim value). Step 4: Commission issues notice and may refer to mediation.

What can you claim?

Refund, replacement, repair, compensation for loss, punitive damages, discontinuation of unfair practice, corrective advertisement, and reasonable litigation costs. Limitation period is 2 years from cause of action (Sec. 69).

Scope and applicability

The Consumer Protection Act, 2019 covers qualifying consumers of goods and services, including many online transactions, and provides remedies for defects, deficiencies, unfair trade practices, misleading advertisements and product liability.

Key definitions

Consumer
A person who buys goods or hires services for consideration, subject to statutory exclusions and the self-employment livelihood exception.
Deficiency
A fault, imperfection, shortcoming or inadequacy in the quality or manner of performance required by law or contract.

Practical procedure

  1. 1Collect invoice, warranty, correspondence and evidence of loss.
  2. 2Send a concise complaint to the seller or service provider where useful.
  3. 3Use e-Daakhil or file before the competent Consumer Commission based on current jurisdiction rules.
  4. 4State the facts, relief and supporting documents; serve the opposite party as directed.

Deadlines and timing

  • A consumer complaint is ordinarily filed within two years from the cause of action; delay requires a sufficient-cause application.
  • Pecuniary jurisdiction thresholds can change through rules, so verify them on the official portal before filing.

Practical examples

  • A defective appliance bought for household use may qualify; inventory purchased for large-scale resale ordinarily will not.
  • A refund, replacement, compensation or discontinuance of an unfair practice may be sought where supported.

Related guides

Who typically needs this

  • Anyone who bought defective goods or received deficient services
  • Victims of e-commerce fraud, cancelled orders or fake products
  • Buyers of flats and homes facing builder delays
  • Patients raising medical negligence claims (where covered)

Frequently asked questions

What is the court fee for a consumer complaint?

Court fee ranges from ₹100 for claims up to ₹5 lakh, to ₹5,000 for claims up to ₹1 crore. There is no fee at all for claims below ₹5 lakh in most States for BPL card holders.

How long does a consumer case take?

The Act mandates disposal within 3 months from notice (or 5 months where testing is required), but in practice cases may take 1–3 years depending on the Commission's workload and adjournments.

Can I file an online consumer complaint?

Yes. Complaints can be filed on the e-Daakhil portal (edaakhil.nic.in) with digital signatures, uploaded evidence and online fee payment. Hearings may also be conducted through video conferencing.

Related laws

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