Consumer court complaint: how to file and win it
A consumer court complaint is the quickest legal route when a seller, builder, bank, insurer or hospital has taken your money and not delivered what was promised. Under the Consumer Protection Act, 2019 you file before a Consumer Disputes Redressal Commission within two years, and we prepare and argue these cases from our office in Sanpada, Navi Mumbai.
Last updated 17 June 2026 · VIVS Legal, Sanpada, Navi Mumbai
- Law
- Consumer Protection Act, 2019
- Where filed
- District, State or National Commission by value paid
- Time limit
- Two years from the cause of action (Section 69)
- Filing
- Online through e-Jagriti, or in person
- How we work
- Mumbai, Thane and Navi Mumbai in person; drafting online elsewhere
On this page
- What can you take to a consumer commission?
- Which commission hears your consumer court complaint?
- Consumer court Mumbai, Thane and Navi Mumbai: where to file
- How the case runs, step by step
- Insurance, builder and medical negligence cases
- Documents to keep ready
- How long does a consumer case take, and what does it cost?
- Mistakes that weaken a consumer complaint
What can you take to a consumer commission?
You must be a consumer, meaning you paid (or were promised you would pay) for goods or a service for your own use, not for resale or a commercial purpose. Within that, the law covers a lot.
- Defective goods, and goods that do not match the description or the warranty.
- Deficiency in service: banks, telecom, airlines, courier, coaching, travel.
- Builders who delay possession or hand over flats with defects.
- Insurers who reject or delay a claim without a valid reason.
- Hospitals and doctors, in a medical negligence case, after the Supreme Court's ruling in Indian Medical Association v V.P. Shantha.
- Unfair trade practices and misleading advertisements, including on e-commerce platforms.
People still call it the consumer forum. Since 2020 the correct name is the Consumer Disputes Redressal Commission, at district, state and national level.
Which commission hears your consumer court complaint?
The commission depends on the value of what you paid for the goods or service, not the compensation you claim. This has been the rule since the 2021 notification.
| Commission | Value of goods or services paid | Appeal goes to |
|---|---|---|
| District Commission | Up to Rs 50 lakh | State Commission, within 45 days |
| State Commission | Above Rs 50 lakh and up to Rs 2 crore | National Commission, within 30 days |
| National Commission | Above Rs 2 crore | Supreme Court, within 30 days |
You can file where you live or work, where the opposite party does business, or where the cause of action arose (Section 34). That lets most of our clients file close to home.
Consumer court Mumbai, Thane and Navi Mumbai: where to file
Mumbai has separate District Commissions for the city and the suburbs, and the Maharashtra State Commission also sits in Mumbai. Navi Mumbai is split between two districts: Vashi, Nerul and Belapur fall in Thane district, while Kharghar and Panvel fall in Raigad district. Getting this wrong only causes delay, so we check it before filing.
Clients from these areas can meet us at our Sanpada office with their bills and correspondence.
How the case runs, step by step
- Written complaint to the company. Give the business a fair chance to fix it, and keep the reply. A legal notice often settles the matter here.
- Draft the complaint. Facts in date order, the deficiency, the relief claimed (refund, replacement, compensation, costs) and the documents.
- File online or in person. Most commissions accept online filing through the government's e-Jagriti portal, which replaced e-Daakhil.
- Admission. The commission decides whether to admit the complaint, ordinarily within 21 days.
- Notice, reply and evidence. The opposite party replies; both sides file evidence on affidavit.
- Mediation if suitable. The commission can refer the case to its mediation cell.
- Arguments and order. The final order can be enforced like a decree, and non-compliance is punishable.
Insurance, builder and medical negligence cases
Insurance claim rejected
If an insurer rejects your claim on grounds such as non-disclosure or a policy exclusion, you can go to the Insurance Ombudsman or file before the commission. Our page on consumer cases after a claim is rejected compares the routes.
Builder delays
Flat buyers can choose between the consumer commission and the RERA authority; the Supreme Court has confirmed both remain open. See RERA complaints for the comparison.
Medical negligence case
These cases need medical records and usually an independent expert opinion. The question is whether the doctor fell below the standard of a reasonably competent practitioner, not whether the result was bad.
Documents to keep ready
- Invoice, receipt, booking form or policy document.
- Warranty card, brochure or advertisement you relied on.
- Emails, chats and complaint numbers with the company.
- Photographs, inspection or expert reports.
- For medical cases: the full hospital file, bills and discharge summary.
- Proof of your residence or workplace if you file in your own district.
How long does a consumer case take, and what does it cost?
The Act asks commissions to decide cases within three to five months, but in practice simple cases usually take one to two years, and appeals longer. Filing fees are modest and graded by value; there is no fee for claims up to Rs 5 lakh.
Our fee depends on the forum, the evidence needed and whether expert opinion is involved. For small claims you can often file yourself, and our fixed-fee complaint drafting service is designed for that.
Mistakes that weaken a consumer complaint
- Filing after two years without a proper application to condone the delay.
- Claiming as a consumer when the purchase was for a business.
- Valuing the claim by compensation instead of the amount paid, and choosing the wrong commission.
- Leaving out the manufacturer or the platform when both are responsible.
- Asking for a round-number compensation figure without showing how it was worked out.
Frequently Asked Questions
Still have a question?
Speak with our legal team about your matter with clarity and confidence.
Yes. Complaints can be filed online through the e-Jagriti portal, which handles filing, fee payment and case tracking for consumer commissions. You still need to follow the commission's instructions on hard copies and appearances.
Two years from the date the cause of action arose, under Section 69 of the Consumer Protection Act, 2019. A later complaint can be admitted only if you show sufficient cause and the commission records its reasons for condoning the delay.
No, the law lets you appear yourself, and many small cases are run that way. A consumer court lawyer helps when the opposite party is a large company with its own counsel, the case involves technical or medical evidence, or the amount is significant.
There is no fixed cap. The commission can order refund, replacement, compensation for loss and harassment, and litigation costs. Awards are based on the loss you prove, so keep a clear record of what you paid and what the problem cost you.
Yes. The Supreme Court has held that a flat buyer can choose the consumer commission even where the project is registered under RERA. You cannot pursue the same relief in both at once, so choose the forum that suits your claim.
It is the first level of consumer court, set up in each district under the Consumer Protection Act, 2019. It hears complaints where the goods or services paid for are worth up to Rs 50 lakh.
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