Who Can File a Complaint Under the Consumer Protection Act?

4.8

7 mins

Know Your Consumer Rights & Fight Unfair Practices: A Complete Guide to the Consumer Protection Act, 2019

Got a faulty product or a service that didn’t deliver? The Consumer Protection Act, 2019 (CPA 2019) lets you fight back by filing a complaint in consumer courts. But who exactly qualifies to file and what cases are valid?

This guide explains eligibility rules, who’s excluded, what complaints you can file and how ezyLegal can help. From individual buyers to government bodies, CPA 2019 empowers many to seek justice. Read on to know your rights and take action!

Why Eligibility Matters Under CPA 2019

CPA 2019, enforced since July 2020, replaces the 1986 Act to protect consumers in today’s world of e-commerce, online scams and unfair practices.

It defines who can file complaints to address issues like defective goods or misleading ads, ensuring accessible justice through consumer courts (District, State, National) or mediation.

Knowing eligibility helps you use tools like E-Daakhil or the National Consumer Helpline (1800-11-4000) to resolve disputes fast, especially for rural or senior consumers.

Not sure if your issue qualifies as a consumer complaint? Our legal experts can assess your case and guide you step-by-step under the Consumer Protection Act, 2019.

Consumer Rights Under CPA 2019

CPA 2019 grants six key rights (Section 2(9)) that set the stage for filing complaints:

Safety: Protection from hazardous goods/services (e.g., faulty appliances).
Information: Know a product’s quality, price or ingredients.
Choice: Access diverse goods at fair prices.
Being Heard: Voice grievances to companies or courts.
Redressal: Seek remedies for unfair practices.
Awareness: Learn your rights and remedies. For example, you can file for a fake product bought online, citing your right to safety.

Who Can File a Complaint?

Under CPA 2019, the following can file complaints:

Individual Consumers: Anyone buying goods or services for personal use, not resale or commercial purposes (Section 2(7)). Example: A shopper denied a refund for a defective phone.
Registered Consumer Associations: Groups like Consumer Voice can file on behalf of consumers, even non-members, for issues like mass e-commerce fraud.
Central or State Government: Can file to protect public interest, e.g., against unsafe products.
Legal Heirs/Representatives: If a consumer dies, heirs can file, like for a faulty medical device causing harm.
Central Consumer Protection Authority (CCPA): Can initiate class-action suits for widespread violations, e.g., misleading ads.
Multiple Consumers: Groups with shared issues, like defective housing projects, can file together.

What Complaints Can Be Filed?

Eligible parties can file for:

Defective Goods: Faulty products, e.g., a laptop that fails within warranty.
Deficient Services: Poor service, e.g., an insurer denying a valid claim.
Unfair Trade Practices: Misleading ads or unfair contracts, e.g., hidden e-commerce fees.
Overcharging: Prices above printed/legal rates.
Hazardous Goods/Services: Products risking safety, e.g., substandard medicines. Example: In 2023, a consumer won compensation for a defective gadget via NCDRC.

Pecuniary Jurisdiction

File-based on claim value:

District Commission: Up to ₹50 lakh.
State Commission: ₹50 lakh to ₹2 crore.
National Commission: Above ₹2 crore. You can file where you live, work or the issue occurred.

Consumer Mediation Cells

Mediation offers faster resolutions. Eligible parties can opt for Consumer Mediation Cells at District, State or National levels with mutual consent, avoiding lengthy court battles.

Don’t let unfair trade practices go unchallenged! File your consumer complaint online with our assistance and get quicker redressal.

Who Cannot File a Complaint?

Certain parties or cases are ineligible under CPA 2019:

Commercial Buyers: Those buying for resale or profit, e.g., a retailer purchasing bulk goods. Exception: Self-employed individuals using goods/services for livelihood (e.g., a freelancer’s laptop) qualify as consumers.
Free Service Beneficiaries: Users of free services, e.g., free medical camp patients.
Gift Recipients: Those receiving goods/services without payment, e.g., a free hotel stay.
Government Services: Statutory functions like issuing passports aren’t “services” under CPA 2019.
Unaffected Third Parties: Non-purchasers, unless filing via a recognized association.
Time-Barred Cases: Complaints filed after two years from the issue (Section 24A), unless condonation is granted for valid reasons.

Reliefs Under CPA 2019

Eligible parties can seek:

Refunds: Money back for defective goods, e.g., a 2024 case refunded a faulty appliance.
Replacements: New goods for defective ones.
Compensation: For losses or harm, e.g., mental distress from a deficient service.
Defect Removal: Fixing faulty products/services.
Bans: Stopping hazardous goods or unfair practices.
Litigation Costs: Reimbursement for filing expenses.

Confused about where and how to file your consumer complaint? From drafting your complaint to filing it before the right Commission, we make the process hassle-free.

ezyLegal’s Assistance

Not sure if you qualify to file? ezyLegal makes it easy:

Free Eligibility Checks: Confirm if your case qualifies under CPA 2019.
Complaint Drafting: Get airtight complaints with evidence like receipts or screenshots.
Court Representation: Expert lawyers strengthen your case in consumer courts. File yourself via E-Daakhil or let ezyLegal handle the heavy lifting. Visit ezyLegal today to start your complaint!

Practical Tips for Filing

Keep Evidence: Save receipts, emails or photos of defects.
File Within Two Years: Act before the Section 24A deadline or request condonation.
Use E-Daakhil: File online at E-Daakhil for speed.
Try Mediation: Opt for Consumer Mediation Cells for quick settlements.
Social Media: Tag companies on X with #ConsumerRights for faster responses, per user reports.
Rural Consumers: Call 1800-11-4000 for NCH help.
Seniors: Note your age for priority hearings.
Court Fees: Pay ₹400 (up to ₹5 lakh) to ₹7,500 (above ₹1 crore) via Demand Draft.
Appeals: Appeal District orders to State Commission, State to National or National to Supreme Court within 30 days.

Conclusion

CPA 2019 empowers consumers, associations, governments and heirs to file complaints against defective goods, poor services or unfair practices.

Knowing who can file and who can’t- helps you navigate consumer courts or mediation. Use our tips to file yourself or get expert help from ezyLegal to ensure your case succeeds. Don’t let unfair practices slide, take action now!

Frequently Asked Questions on Who Can File a Complaint Under the Consumer Protection Act

Q1. Who can file a complaint under CPA 2019?

Ans1. Individual consumers, registered consumer associations, Central/State Governments, legal heirs of deceased consumers, the CCPA or multiple consumers with shared issues.

Q2. Who cannot file a complaint under CPA 2019?

Ans2. Commercial buyers, free service users, gift recipients, those using government services (e.g., passports), unaffected third parties or cases filed after two years without condonation.

Q3. What is a consumer under CPA 2019?

Ans3. Anyone buying goods/services for personal use, not resale or commercial purposes, including online or offline transactions.

Q4. What types of complaints can be filed?

Ans4. Complaints for defective goods, deficient services, unfair trade practices, overcharging or hazardous goods/services.

Q5. What are the consumer rights under CPA 2019?

Ans5. Safety, information, choice, being heard, redressal and consumer awareness.

Q6. What’s the time limit for filing a complaint?

Ans6. Two years from the issue (Section 24A), extendable with valid reasons.

Q7. Can I file a complaint online?

Ans7. Yes, via E-Daakhil, with evidence and a nominal fee.

Q8. What reliefs can consumer courts grant?

Ans8. Refunds, replacements, compensation, defect removal, bans on hazardous goods or litigation costs.

Q9. Can consumer associations file complaints?

Ans9. Yes, registered associations can file for any consumer, even non-members, e.g., for mass fraud.

Q10. Do I need a lawyer to file a complaint?

Ans10. No, but ezyLegal offers expert drafting and representation for complex cases.

Q11. Can I file for e-commerce disputes?

Ans11. Yes, consumers buying online (e.g., via teleshopping, direct selling) can file for defects or fraud.

Q12. What’s the pecuniary jurisdiction for filing?

Ans12. District (up to ₹50 lakh), State (₹50 lakh to ₹2 crore), National (above ₹2 crore).

Q13. Can I use mediation to resolve complaints?

Ans13. Yes, Consumer Mediation Cells offer faster settlements with mutual consent.

Q14. Can I appeal a consumer court order?

Ans14. Yes, appeal District orders to State Commission, State to National and National to Supreme Court within 30 days.

Q15. What evidence do I need to file a complaint?

Ans15. Receipts, invoices, emails, photos or warranty documents proving defects or deficiencies.

Have you faced defective goods, poor services or unfair trade practices? Don’t let your consumer rights be violated. Our legal experts specialize in filing and resolving consumer complaints under the Consumer Protection Act, 2019. Get the right compensation, refund or replacement faster and hassle-free.

Adv. Parineeti GN

4.8

4.8 | 85+ User Reviews

Parineeti GN is a legal consultant who prioritises ethical and professional conduct. She graduated with (B.A. and LL.B) from the K.L.E. Society Law College. With more than 8 years of experience in handling legal cases independently. She has the potential to understand and explain complicated legal words in simple terms to clients.

Share On