Current legal position
Section 35 of the Consumer Protection Act, 2019 permits a consumer, a recognised consumer association, one or more consumers having the same interest (with permission), and specified government or statutory authorities to file a complaint before the District Commission. The provision also permits electronic filing in the prescribed manner.
For pecuniary jurisdiction, the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021 presently provide that the District Commission may entertain complaints where the value of goods or services paid as consideration does not exceed ₹50 lakh; the State Commission covers consideration exceeding ₹50 lakh and up to ₹2 crore; and the National Commission covers consideration exceeding ₹2 crore.
Sample affidavit format for a consumer complaint
This model may be adapted to the facts of the case and the practice directions or filing requirements of the concerned Consumer Commission.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ____________
CONSUMER COMPLAINT NO. _____ OF 20__
IN THE MATTER OF:
Address: ______________________
VERSUS
Address: ______________________
I, ________________________, son/daughter/wife of ________________________, aged about ____ years, residing at ________________________________________________, do hereby solemnly affirm and state as follows:
1. That I am the Complainant / authorised representative of the Complainant in the accompanying consumer complaint and am competent and duly authorised to swear this affidavit.
2. That I am well acquainted with the facts and circumstances of the case and have read and understood the contents of the accompanying complaint.
3. That the statements of fact contained in the accompanying complaint are true and correct to my knowledge and belief, and the legal submissions are based on advice received and believed by me to be true.
4. That the documents filed with the complaint are true copies of their respective originals, to the best of my knowledge and belief.
5. That no material fact relevant to the present complaint has been knowingly concealed by me.
DEPONENT
VERIFICATION
I, the above-named Deponent, do hereby verify that the contents of paragraphs 1 to 5 of this affidavit are true and correct to my knowledge and belief, that nothing material has been concealed therefrom, and that no part of it is false.
Verified at __________________ on this ____ day of ______________, 20__.
DEPONENT
Note: Attestation, notarisation, affirmation, e-filing declarations and document requirements can vary depending on the Commission and the mode of filing. Follow the current filing procedure of the concerned Consumer Commission.
Consumer complaint filing notes
- Statutory provision: complaints before the District Commission are governed principally by Section 35 of the Consumer Protection Act, 2019, read with the applicable rules and regulations.
- Territorial jurisdiction: the 2019 Act broadened filing options, including filing where the complainant resides or personally works for gain, subject to the statutory conditions.
- Electronic filing: the statutory framework permits electronic filing. The Government's e-Jagriti platform is the upgraded digital consumer-justice platform.
- Fees: the complaint must be accompanied by the prescribed fee, where applicable. Confirm the current fee schedule before filing.
- Limitation: check the limitation provisions under the Consumer Protection Act, 2019 and explain any delay with an appropriate application where required.
- Supporting documents: ordinarily keep invoices, receipts, correspondence, notices, warranties, proof of payment and other documents supporting the alleged defect, deficiency, unfair trade practice or other cause of action.