How do I draft a consumer complaint and what documents are needed?

Question

I want to file a consumer complaint myself and need to know how to draft it and what documents to attach. I would rather settle this without going to court if the law allows it, but I need to know my rights before I sign anything. Please tell me what to do first and what document to keep.

MyVakeel Legal Desk · Accepted Answer

Under Indian law, Consumer Protection Act 2019, Section 35 is the starting point for this consumer law question. What follows is the position in substance, together with the steps that usually make the difference in practice.

Section 35 of the Consumer Protection Act 2019 allows a consumer, a recognised consumer association, or the Central or State Government to file a complaint before the district commission.

Regulation 8 of the Consumer Protection (Consumer Commission Procedure) Regulations 2020 prescribes the format, requiring the complaint to state facts, cause of action, relief sought and be supported by an affidavit.

The complaint must be accompanied by supporting documents such as the invoice, warranty card, correspondence with the opposite party, and any expert or medical report relevant to the claim.

Under Section 38 of the Consumer Protection Act 2019, the commission examines the complaint for admissibility before issuing notice to the opposite party, so clarity on facts and relief sought at the outset matters.

The complaint should clearly state the relief sought, whether refund, replacement, compensation or removal of defect, along with the amount claimed for jurisdictional purposes.

What to do next: 1) List the facts chronologically along with the cause of action and date it arose; 2) Attach the invoice, warranty, correspondence and any expert report as annexures; 3) Prepare a supporting affidavit verifying the facts stated; 4) File the complaint online through e-Daakhil or physically before the appropriate commission.

If you are unsure whether your facts fall inside Consumer Protection Act 2019, Section 35, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in consumer law.