The Consumer Protection Act, 2019 replaced the 1986 Act and changed several things people still get wrong, including how the forum is chosen.
Which commission
Jurisdiction is decided by the value of the consideration paid, not by the compensation claimed. That is the change from the old Act.
- Up to Rs 50 lakh: District Commission
- Rs 50 lakh to Rs 2 crore: State Commission
- Above Rs 2 crore: National Commission
Where you can file
Where you ordinarily reside or work for gain, or where the opposite party resides or carries on business, or where the cause of action arose. The right to file where the consumer lives is one of the most useful features of the Act.
Limitation
Two years from the date the cause of action arose. Delay can be condoned for sufficient cause recorded in writing, but do not rely on it.
Filing online
Complaints can be filed through the e-Daakhil portal, and you may appear in person without a lawyer. For a straightforward matter with clean documents, many people do exactly that.
Invoice and proof of payment, the warranty or service contract, every email and message with the seller, photographs of the defect, and a short chronology. A complaint with a clear timeline and complete annexures moves several times faster than one without.
What you can ask for
Removal of the defect, replacement, refund of the price, compensation for loss or injury, and where there is an unfair trade practice or misleading advertisement, further relief. The 2019 Act also introduced product liability, allowing action against the manufacturer, seller or service provider for harm caused by a defective product.