Consumer Rights in India – Know Your Power as a Buyer?
- medhagaur1997
- 1 day ago
- 10 min read
Updated: 7 hours ago
Have you ever ordered something online and received the wrong item? Or seen hidden charges on a restaurant bill and let it go because “time wast hojayega"? You are not alone — but you should know this. Indian law gives you strong rights as a consumer, and using them is easier than you think.
This article explains your basic consumer rights under the Consumer Protection Act, 2019 in simple, everyday language. It also guides you on the remedies available if you are cheated, defrauded, or receive defective goods or services.
Who Is a Consumer?
According to the Consumer Protection Act, 2019, a consumer is anyone who buys goods or services for personal use (not for resale or business).So whether you’re ordering food on Zomato, taking an Uber, or buying a fridge on Amazon — you are a consumer, and the law protects you.
Your 6 Key Consumer Rights
Right to Safety – Protection from unsafe goods/services (faulty electronics, expired food).
Right to Information – Clear details about price, quality, quantity, and terms.
Right to Choice – Freedom to choose any brand/service.
Right to be Heard – Authorities must consider your complaint.
Right to Redressal – Refund, replacement, compensation.
Right to Consumer Education – Awareness about rights and remedies.
Kanoon Angle
The Consumer Protection Act, 2019 is not just a replacement of the 1986 law—it’s a modern shield for buyers in today’s digital world. Earlier, if you bought a defective product, your main remedy was against the seller or distributor. The manufacturer, who actually made the product, could easily escape responsibility.
But now, the law has changed the game. Through Product Liability (Sections 82–87), a consumer can directly hold manufacturers, sellers, and service providers accountable. For example:
If an online marketplace sells you a faulty gadget, both the platform and the manufacturer can be made liable.
If a service provider gives you poor or harmful service—say a negligent hospital or an unsafe tour operator—you can sue them directly.
This means responsibility flows across the entire supply chain, from the factory floor to the online checkout. By doing this, the law has brought India in line with global standards, where consumer rights are seen as a matter of safety and dignity, not just compensation.
What Remedies Are Available to a Consumer if Cheated or Defrauded?
The Consumer Protection Act, 2019 provides several remedies to safeguard buyers against fraud, unfair trade practices, or defective goods and services. If a consumer is cheated, the following options are available.
Directly Approach the Seller/Service Provider
The first and simplest step for any consumer who has been cheated is to immediately contact the seller or service provider. Many problems get resolved at this stage itself. If you bought something online, platforms like Amazon, Flipkart, Zomato, or Swiggy have in-app grievance redressal and refund mechanisms. Always raise a complaint in writing (email, chat, or message) and always must keep proof such as receipts, invoices, and screenshots. These documents will be useful later if the issue is not resolved.
Legal Remedy Available To Consumers
The second remedy under the Consumer Protection Act, 2019 is two-fold, depending on the nature of the grievance:
For Individual Grievances- If only one consumer’s rights are affected — for example, a defective product, overcharging by a restaurant, or poor service by a company — the consumer can approach:
a. The National Consumer Helpline (NCH) by dialling 1915 or visiting consumerhelpline.gov.in for quick redressal, OR
b. The appropriate Consumer Commission (District, State, or National), depending on the value of the claim, for formal legal relief and compensation.
For Collective Grievances- If the issue affects a large number of consumers as a class — for example, misleading advertisements, unsafe products, or widespread unfair trade practices — then the right authority is the Central Consumer Protection Authority (CCPA).The CCPA can order product recalls, stop misleading ads, and penalize companies to protect consumer interests at large. However, it does not deal with individual complaints.
National Consumer Helpline (NCH)
The National Consumer Helpline (NCH) is a pre-litigation platform launched by the Department of Consumer Affairs to empower consumers. It plays a dual role:
Awareness & Advice → guiding consumers on their rights and remedies.
Grievance Redressal → offering a quick way to resolve disputes before going to court.
It also acts as a central registry of consumer complaints, helping the government monitor unfair practices across industries.
How to Register a Grievance
Consumers can approach the NCH in multiple ways:
Online: Visit consumerhelpline.gov.in and create a one-time user ID.
Call: Dial the toll-free number 1915, or send an SMS/WhatsApp message to 8800001915.
Mobile Apps: File complaints through the NCH App or the UMANG App.
What Happens After Filing a Complaint?
Each grievance is assigned a unique docket number for reference.
The complaint is forwarded to the concerned company, regulator, or ombudsman for resolution.
Agencies are required to update the status in real-time on the portal.
Consumers can check progress under the “Track Your Grievance” section.
Regular reminders are sent to companies/agencies to ensure timely response. Typically, grievances are resolved within 30 days
Central Consumer Protection Authority (CCPA)
The Central Consumer Protection Authority (CCPA) was established under the Consumer Protection Act, 2019 and came into effect on 24th July 2020. It is a powerful statutory body created to protect consumer rights and address issues that affect consumers as a class or the public at large. Unlike the National Consumer Helpline, which only facilitates dispute resolution, the CCPA has statutory powers to investigate, search, seize, and penalize companies or individuals.
The CCPA can act suo motu (on its own), on complaints received, or on directions from the Central Government.
Process for Filing a Complaint
A. Filing: A complaint may be filed in writing or in electronic mode before:
The District Collector, or
The Regional Commissioner, or
The Central Authority itself.
B. Preliminary Inquiry: The CCPA conducts a preliminary check to see if there is a prima facie case.
C. Investigation:
If a case exists, investigation is carried out by the Director General or the District Collector.
They may enter premises, search and seize documents, require records, or collect evidence.
Provisions of CrPC, 1973 relating to search and seizure apply.
Any seized documents/articles must be returned within 20 days.
D. Referral to Regulator: If the issue falls under the jurisdiction of a specialized regulator (like RBI, TRAI, IRDAI), the matter is referred along with a report.
E. Orders by CCPA: If violations are found, the CCPA can order:
Recall of goods or withdrawal of services
Refund/reimbursement to affected consumers
Discontinuation of unfair practices
G. Penalties:
Manufacturers or endorsers can be penalized up to ₹10 lakh.
For repeated violations, penalties can be higher.
Endorsers may even face a ban from advertisements for up to 1 year (extendable to 3 years).
Appeal
A person aggrieved by the order of the CCPA may file an appeal before the National Consumer Disputes Redressal Commission (NCDRC) within 30 days from the date of the order.
Consumer Commissions
Now, at the final stage, we reach the Consumer Commissions.The Consumer Protection Act, 2019 establishes a three-tier, quasi-judicial mechanism for resolving disputes raised by individual consumers. This system ensures quick, accessible, and affordable justice for buyers who have been wronged. These are called Consumer Commissions (earlier, under the 1986 Act, they were known as Consumer Forums).The three levels are:
District Consumer Disputes Redressal Commission (District Commission) – for cases where the value of goods/services and compensation claimed is up to ₹1 crore.
State Consumer Disputes Redressal Commission (State Commission) – for cases above ₹1 crore and up to ₹10 crore, and also for appeals against District Commission orders.
National Consumer Disputes Redressal Commission (NCDRC) – for cases above ₹10 crore, and appeals against State Commission orders.
A complaint under the Consumer Protection Act, 2019 can be filed by:
An individual consumer,
A group of consumers with the same interest,
A recognized consumer association, or
The Central Authority.
Where can the complaint be filed? It can be filed in the place where:
The opposite party (the seller/service provider) resides, carries on business or has a branch office or personally works for gain.
Or where they carry on business, have a branch office, or work for gain,
If there are multiple opposite parties, then where any one of them resides or does business,
Or even where the cause of action (the dispute) arose, wholly or partly,
Or where the complainant (consumer) resides or works for gain.
Also, to make it easier for consumers, complaints can now be filed electronically as well. The Consumer Protection Act, 2019 also gives consumers the option to file their complaints online. For this, the Central Government has launched the e-Jagriti Portal.
A. THE DISTRICT COMMISSION
1. Admission of Complaint
When a complaint is received, the Commission may admit or reject it.
Rejection cannot be done without giving the complainant a chance to be heard.
The decision on admission must be made within 21 days of filing.
If no decision is made within this time, the complaint is deemed admitted.
2. Mediation (Settlement Option)
If the Commission feels there is a possibility of settlement, it may ask both parties to give written consent within 5 days.
If both agree, the matter is referred to mediation within 5 days.
If mediation succeeds → dispute ends.
If mediation fails → normal proceedings continue.
3. Complaint Relating to Goods
Once admitted, a copy of the complaint is sent to the opposite party within 21 days.
The opposite party must reply within 30 days (extendable by max 15 days).
If the opposite party denies the allegations or does not respond, the Commission proceeds with the case.
If the dispute involves goods that require testing or analysis:
a. The Commission takes a sealed sample of goods and sends it to a laboratory.
b. The laboratory must give its report within 45 days (extendable).
c. The complainant has to deposit testing fees in advance.
d. The report is shared with both parties, and if either disputes it, they can file objections.
e. Both sides get a fair hearing before the final decision.
4. Complaint Relating to Services
Same procedure: copy sent to opposite party within 21 days, reply required in 30 days (+15 days extension possible).
If the opposite party does not respond, the Commission may:
a. Decide based on evidence presented by the complainant or opposite party,
b. Proceed ex-parte (without the opposite party).
c. If the complainant fails to appear, the case is decided on merits.
Proceedings are based on affidavits and documentary evidence (not lengthy trials).
B. THE STATE COMMISSION
1.Who can Approach the State Commission?
Consumers whose claims fall within the monetary jurisdiction of the State Commission (above ₹1 crore and up to ₹10 crore).
Appeals against the orders of the District Commission.
2. Proceedings
The procedure before the State Commission is the same as the District Commission.
Territorial jurisdiction is also the same – based on residence, business, branch office, or cause of action.
3. Powers of the State Commission
Supervisory power: It can call for records and pass appropriate orders in any dispute pending before or decided by a District Commission, if:
- The District Commission exercised jurisdiction not vested in it by law,
- Failed to exercise its jurisdiction, or
- Acted illegally.
Transfer power: It can transfer a case from one District Commission to another within the State in the interest of justice (either on application or on its own).
Review power: It can review its own orders if there is an error apparent on the face of the record, either suo motu or on application by a party, within 30 days.
4. Appeals to the National Commission
Any person aggrieved by the order of the State Commission may appeal to the National Consumer Disputes Redressal Commission (NCDRC) within 30 days.
Appeal is maintainable only if:
- The case involves a substantial question of law, or
- The order is passed ex parte by the State Commission.
The Memorandum of Appeal must clearly state the substantial question of law.
If satisfied, the National Commission formulates that question and hears the appeal.
Precondition: The appellant must deposit 50% of the amount ordered by the State Commission.
Appeals must be disposed of within 90 days of admission, as far as possible.
C. THE NATIONAL COMMISSION
Introduction- The NCDRC is the apex body in the three-tier consumer dispute redressal system under the Consumer Protection Act, 2019. It is located in New Delhi.
Jurisdiction: Can hear cases where the value of goods/services paid plus compensation claimed exceeds ₹10 crore (not ₹2 crore – the 2019 Act revised this limit).
2. Who Can Approach the NCDRC?
Original Complaint – where the consideration (value of goods/services + compensation claimed) exceeds ₹10 crore.
Appeals – against the orders of the State Commission
Appeals – against the orders of the Central Consumer Protection Authority (CCPA).
3. Proceedings
Proceedings before the NCDRC are similar to those of the District and State Commissions.
Supervisory Powers: NCDRC can call for records and pass appropriate orders in any consumer dispute decided by a State Commission if it:
- Exercised jurisdiction not vested in it,
- Failed to exercise jurisdiction, or
- Acted illegally.
Transfer Powers: NCDRC can transfer cases:
- From one District Commission of a State to another District Commission in another State, or
- From one State Commission to another State Commission, in the interest of justice, either on application or suo motu.
Review Powers: NCDRC can review its own orders if there is an error apparent on the face of the record, within 30 days, either suo motu or on application.
4. Larger Public Interest- If the NCDRC or State Commission feels that a case involves the larger interest of consumers, it may direct an individual, organization, or expert to assist the Commission.
5. Appeals from NCDRC
Any person aggrieved by an order of the NCDRC may appeal to the Supreme Court within 30 days of the order.
Precondition: The appellant must deposit 50% of the amount ordered by the NCDRC.
Limitation Period
Complaints must be filed within 2 years from the date of cause of action before the District, State, or National Commission.
Appeals must be filed within the statutory periods (District → State: 45 days, State → National: 30 days, National → Supreme Court: 30 days).
Delay may be condoned if sufficient cause is shown.
Penalty for Non-Compliance of Orders
Failure to comply with any order of the District Commission, State Commission, or NCDRC is punishable with:
Imprisonment: Minimum 1 month, extendable to 3 years, or
Fine: Minimum ₹25,000, extendable to ₹1,00,000, or
Both.
Appeals against such penalties (facts + law) must be filed within 30 days from the date of the order.
CONCLUSION
The Consumer Protection Act, 2019 has made consumer justice more effective by introducing a three-tier redressal system – District, State, and National Commissions. With provisions for online complaints, mediation, quick timelines, and penalties for non-compliance, the Act ensures that consumers are not left helpless against unfair trade practices or defective goods/services. Ultimately, the law is only as strong as the people who use it. Every consumer must be aware of their rights and confidently approach the appropriate forum when wronged. An informed consumer is the strongest safeguard against exploitation.

