Want to know how to file a case in the consumer court in India? This detailed guide explains every step, from sending a legal notice to choosing the right consumer forum, filing your complaint, attaching necessary documents, and understanding your rights under the Consumer Protection Act, 2019.
What is a Consumer Court in India?
A Consumer Court is a special court established to resolve disputes between consumers and sellers or service providers. These courts are designed to safeguard consumer rights and ensure quick and effective redressal of grievances related to defective goods, deficient services, unfair trade practices, or harassment by businesses.
Set up under the Consumer Protection Act, 2019, these special courts handle disputes between consumers and sellers or service providers. Whether it’s a defective product, a service that didn’t deliver, or an unfair business practice, Consumer Courts are your legal remedy for quick, effective redressal.
At the district level, the District Consumer Disputes Redressal Commission (DCDRC) handles complaints involving claims up to ₹50 lakhs. For disputes between ₹50 lakhs and ₹2 crores, cases are filed with the State Consumer Disputes Redressal Commission (SCDRC). Matters exceeding ₹2 crores in value are heard by the National Consumer Disputes Redressal Commission (NCDRC).
Each level has its jurisdiction and authority, and if a consumer is not satisfied with the decision of one forum, they have the right to appeal to the next higher level.
What is the Procedure to File a Complaint in the Consumer Court?
If you’ve faced bad service, received a defective product, or been subjected to unfair trade practices, you can file a case in the Consumer Court. Here’s a step-by-step guide on how to go about it:
STEP 1: Send a Legal Notice to the Service Provider
The first step before filing a case in a consumer court is to send a formal notice to the opposite party—usually the seller, service provider, or company responsible for the grievance. This notice serves as an official communication from the aggrieved consumer, clearly stating the issues faced, such as defective products, substandard services, or any unfair trade practices.
Sending a notice shows that you’re serious and gives the business a chance to correct the mistake or offer compensation. In many cases, the matter gets resolved here itself, saving time and effort for both sides.
STEP 2: Draft the Consumer Complaint (No Lawyer Needed)
If the service provider doesn’t respond to your legal notice—or outright refuses to resolve your issue—the next step is to officially draft and file a consumer complaint. The good news is that you don’t need to hire a lawyer to do this. The Consumer Protection Act, 2019, allows consumers to prepare and submit their complaints without any legal representation.
But while the process is simple, your complaint still needs to be well-drafted, factual, and complete. A weak or unclear complaint could lead to delays or even dismissal, so it’s important to include all key information clearly and logically.
Here’s what your complaint should cover:
- Your full name, contact details, and address, along with the details of the opposite party (seller, company, or service provider).
- What went wrong — include dates, places, the nature of the product/service, and what exactly caused the grievance.
- A clear narration of the facts — written in sequence, without emotional language, so the court can understand your side of the story.
- What you are demanding — whether it’s a refund, replacement, repair, compensation, or penalty for harassment.
- Your signature and verification, affirming that the facts stated in the complaint are true to your knowledge.
You can write the complaint on plain paper. If you’re unsure how to structure it, there are free templates and sample formats available online, but make sure to customize them according to your situation. If you’re filing online, the portal usually guides you through the sections one by one.
STEP 3: Attach Relevant Documents
A strong case isn’t just about what you say—it’s about what you can prove. Once your complaint is drafted, you need to attach all relevant documents that support your claim.
These may include:
- The original invoice, bill, or payment receipt of the product or service
- Proof of online booking or payment screenshots, if applicable
- Warranty or guarantee cards, if the product came with one
- A copy of the written complaint you sent to the seller or provider
- The legal notice that you issued before filing the case
- Any email or chat communication you had with the company or customer care
Make sure each document is clearly labeled and preferably arranged in chronological order. You can also prepare a simple index page to help the court easily reference your documents.
If you’re filing offline, carry physical copies of all documents along with a few extra sets for submission. For online complaints, scanned copies or PDFs should be neatly named and uploaded as per the portal’s instructions. These documents are critical—they help the court verify your claim quickly and ensure that your complaint moves forward without unnecessary delays.
STEP 4: Choose the Appropriate Forum
Once your complaint and supporting documents are in place, the next step is to decide where to file your case. This depends on two things — the amount involved and your location, or the location of the dispute. Consumer disputes in India are handled at three levels:
- District Commission – Up to ₹50 lakhs
- State Commission – ₹50 lakhs to ₹2 crores
- National Commission – Above ₹2 crores
You also need to ensure that the case is filed in the right territorial jurisdiction—either where you (the complainant) live or where the issue or transaction took place. Filing in the wrong forum could result in delays or even dismissal, so this step must be taken carefully. Whether you’re filing online or offline, the forum must match both the monetary value and location relevance of your case.
STEP 5: Pay the Requisite Court Fee
Filing a case in the Consumer Court isn’t entirely free—there is a court fee that must be paid at the time of submission. This fee is relatively low and is structured to make justice accessible to all. It varies depending on the value of your claim and the forum you’re filing in.
For example, a case filed in the District Commission will have a lower fee compared to one in the State or National Commission. The fee covers administrative processing and ensures your complaint is formally accepted for hearing.
Make sure to pay the exact amount applicable as per the current fee schedule, which is usually updated periodically and published by the Consumer Commission. Incorrect or missing payment can result in your complaint being returned or delayed.
STEP 6: Submit an Affidavit
Every complaint must be accompanied by an affidavit—a simple legal declaration made by you (the complainant) stating that all the facts mentioned in the complaint are true to the best of your knowledge.
Think of the affidavit as your personal guarantee to the court that you are filing the case in good faith and not making false claims. This document should be signed and attested properly, depending on whether you’re filing offline or uploading it digitally.
Without this affidavit, your complaint is considered incomplete and may not be entertained. So while it’s a simple document, it holds great legal importance and should be prepared with care.
Can I Appeal Against the Order of a Consumer Court?
Yes, both the complainant and the opposite party (seller/service provider) have the legal right to appeal against the order of a Consumer Commission if they are dissatisfied with the judgment. The hierarchy of appeals under the Consumer Protection Act, 2019, is as follows:
- District Consumer Disputes Redressal Commission (DCDRC) – initial level
- State Consumer Disputes Redressal Commission (SCDRC) – appeal against the District order
- National Consumer Disputes Redressal Commission (NCDRC) – appeal against the State order
- Supreme Court of India – final appeal against the National Commission’s order
An appeal must be filed within 30 days from the date of the order. The appellate forum may allow appeals beyond this period if sufficient cause is shown for the delay. The Consumer Protection Act, 2019 not only empowers consumers to seek justice but also ensures that no party is denied the right to appeal in case of a genuine grievance. The Act establishes a dedicated mechanism to resolve consumer disputes efficiently and fairly.