Understanding Consumer Rights in India: Laws, Responsibilities & How to File Complaints

In just a few years, spending habits in India have shifted dramatically, with online shopping, food delivery, and digital services becoming part of everyday life. But this convenience also came with a huge risk. Today, there are so many platforms that charge hidden fees, give misleading information, and provide poor service quality.  

The challenge is that most consumers don’t fully know their rights in these situations, leaving them at a disadvantage. 

In India, these rights are safeguarded under the Consumer Protection Act, 2019, ensuring that buyers are informed, protected, and empowered to seek redressal in case of exploitation or substandard products. But being a smart consumer isn’t just about knowing your rights, it’s also about understanding your responsibilities. 

This article explores consumer rights and their responsibilities, outlining the legal protections in place, explains how to file complaints, and highlights the steps every consumer should take to make informed decisions.  

What Are Consumer Rights? 

Every time you go to the market, you want to ensure that you purchase a good-quality product, so you ask the seller about the product, as this is a consumer right. 

Consumer rights are legal protections that every consumer is entitled to while purchasing goods and services, ensuring safety, information, free choice, fair treatment, etc. These rights aim to ensure a fair marketplace to avoid any sort of exploitation by business.  

In India, consumer rights are protected under the Consumer Protection Act 2019, which aims to help consumers from unfair trade practices to ensure product quality and provide consumers with ways to resolve disputes. These rights allow consumers to demand accountability and fairness in the market. 

Types of Consumer Rights in India 

There are mainly six types of consumer rights in India: 

While it is essential for every customer to be aware of their rights to prevent exploitation by sellers, it is equally important to recognize that consumers also have responsibilities. Being informed is not just about addressing grievances but also about fulfilling one's role responsibly in the marketplace. 

What are Consumers Responsibilities? 

Consumer responsibilities are the duties and obligations to ensure fair and ethical consumption while ensuring that their interests contribute positively to the marketplace and society. Here are the key responsibilities that every consumer should  

Consumers should never compromise on the quality of the goods, and that’s how they can counter the duplicate, adulterated and substandard products. It is the customer's responsibility to be aware of the product’s quality and go for the product with Agmark, ISI mark, etc. 

Laws That Protect Consumer Rights in India 

Consumer rights are protected under the Consumer Protection Act, 2019. This act has replaced the previous Consumer Protection Act, 1986, to offer a comprehensive framework for consumer rights and grievance redressal. 

The law covers goods and services purchased both online and offline and applies to manufacturers, sellers, service providers, traders, advertisers, endorsers, and e-commerce entities. The consumer aims to protect consumers against defective products, unfair trade practices, and deficiencies in services.  

Apart from the Consumer Protection Act 1986, consumer rights are also protected in different laws in India, which include: 

1. Indian Contract Act, 1972 

The Indian Contract Act ensures that the parties involved in the contract must fulfill the contract as agreed. This act binds the buyer and seller to the contract and ensures that it is not broken. In the event of a breach of contract, the respective remuneration must be paid. 

2. The Sales of Goods Act, 1930 

This act protects consumer rights in cases where the products received are substandard or if there are any other issues with the sale. 

3. The Prevention of Food Adulteration Act, 1954 

This act deals with food items’ purity and ensures that consumers' health is not affected. 

4. The Trade Marks Act, 1999 

This act protects consumers from any false marks that were added to the product to mislead the consumer and cheat them by serving less qualified products. 

5. Bureau of Indian Standards Act, 1986 

This act was established to promote and regulate standardization, marking, and quality certification of goods and services produced in India. 

6. Essential Commodities Act, 1955 

This law in India aims to ensure the availability of certain essential items to the public and to prevent their hoarding, profiteering, and unfair distribution. 

There are many laws that protect your rights as a consumer, but the real question is what you can claim. Let’s get to know that first. 

What can You Claim? 

You claim depends on several situation and based on that your claims can vary: 

• Refunds: If you’ve received a product or service that is defective, damaged, or not delivered as promised, you can request a full or partial refund. 
• Replacement or Repair: There are possibilities when you receive goods that malfunction or services that fail to meet standards. In that case, you can demand a replacement or repair at no extra cost.  
• Compensation for Loss or Damage: If a product or service causes financial loss, physical harm, or emotional distress, you can claim monetary compensation for the actual damage suffered. 
• Punitive Damages: In cases of gross negligence, fraud, or deliberate unfair practices, you can seek additional compensation beyond your actual losses. 

It is important to remember that not every complaint leads to high compensation. However, before claiming anything, focus on what you actually lost or suffered. The forums aim for fair redress, which often involves refunds, repair, replacement, or reasonable compensation—not punishment. 

How to File a Consumer Complaint in India? 

Here is the step-by-step process to file a consumer complaint in India: 

• Issue Notice: The first step is to send a written notice to the trader or service provider who provided defective goods or deficient services, stating your intention to file a complaint if the issue is not resolved or compensation is not paid. 
• Draft Complaint: If the issue remains unresolved, draft a formal complaint including your details, the opposite party’s details, description of the complaint, and the relief sought (refund, replacement, compensation). 
• Attach Documents: Attach relevant supporting documents like purchase receipts, communication records, warranty cards, photographs of defects, agreements, and any other evidence. 
• File Complaint in Appropriate Court: File the complaint in the right consumer court based on the value of goods or services: 
• District Commission: For claims up to Rs. 50 lakh. 
• State Commission: For claims between Rs. 50 lakh and Rs. 2 crore. 
• National Commission: For claims above Rs. 2 crore. 
• Pay Fee: The fee varies from free (for claims up to Rs. 5 lakh) to Rs. 200-7,500 depending on the claim amount. 

What are the Complaint Filing Options? 

A consumer can file a complaint in different ways, namely: 

Offline: Submit the complaint in person at the relevant consumer court. 

Online: Use the National Consumer Helpline portal (consumerhelpline.gov.in) to lodge complaints and track status digitally. 

Attend Hearings: Present your case during court hearings. You may represent yourself or hire an advocate. 

Court Order: If the court rules in your favour, the opposite party must provide the relief ordered. 

The complaint must be filed within 2 years from the date of purchase or service availed. Appeals have specific shorter time limits. If the opposite party does not appear, the court may proceed ex parte in your favour. 

Redressal Mechanisms: District, State, and National Commissions / Consumer Protection’ 

The Consumer Protection Act 2019 has set up a three-tier grievance machinery to resolve consumer grievances, which is known as Redressal Agencies. There are three types of agencies that redress consumer grievances, i.e., District Commission, State Commission, and National Commission. 

1. District Commission 

The District Commission is the first level of consumer dispute redressal, consisting of a President (a current or former District Judge) and two members who were appointed by the State Government. 

You can visit the district commission if your complaints regarding goods or services valued up to ₹1 crore. After receiving your complaint, the Commission may refer the product to a laboratory for testing if necessary and make a decision based on the report and available facts. 

If you are not happy with the decision, you can file an appeal in the State Commission within 45 days. 

2. State Commission 

The State Commission is the second tier, which comprises a President (a current or retired High Court Judge) and at least two members, also appointed by the State Government. 

It handles complaints where the value of your goods or services is above ₹1 crore and up to ₹10 crores. Once you file the complaint, the opposite party is notified, and, if needed, the product can be sent for laboratory testing. The final decision is based on these findings. 

If you are still not happy with the decision, you can appeal to the National Commission within 30 days after depositing 50% of the penalty amount. 

3. National Commission 

The National Commission is the highest consumer redressal body at the national level. It includes a President and four members (including at least one woman). The central government appoints all the members of the commission. 

This commission handles complaints involving goods or services valued above ₹10 crores. After receiving a complaint, the commission notifies the opposite party and, if required, may order laboratory testing. Judgement is then passed based on the test report and case facts. 

In case you are still not happy with the decision, then the party can appeal to the Supreme Court within 30 days by depositing 50% of the imposed penalty. 

Consumer Rights Helplines in India 

According to the official website of the national consumer helpline, there are several ways that a consumer can raise their complaints. Here’s how you can raise the complaint: 

Email ID: nch-ca@gov.in 

Call to register your grievance 1800 11 4000 or 1915 (Available all days except national holidays, from 08:00 AM to 08:00 PM) 

OR 

Register your grievance through the web portal. 

OR 

Send an SMS to 8800001915, and the consumer will get back to you. 

OR 

Register your grievance through WhatsApp. 

OR 

Register your grievance through the NCH App. 

OR 

Register your grievance through the UMANG App. 

Common Consumer Grievances and Examples 

Here are the common consumer grievances:0 

1. Product Defects

This is one of the most common consumer complaints where they often face complaints about product defects, where the product received is faulty, damaged, or does not meet the advertised specifications. For example, getting a smartphone with a flickering screen shortly after purchase reflects a defect that frustrates consumers. 

2. Poor Customer Service 

Many consumers struggle with unresponsive or unhelpful customer service, such as long wait times or lack of support when issues arise. Such instances make users feel ignored or undervalued when trying to resolve problems. 

3. Billing and Pricing Disputes 

Incorrect bills, hidden charges, and unclear pricing policies are also common complaints from consumers. For instance, a consumer may subscribe to a service for a stated price but later find they are charged a higher amount due to confusing auto-renewal terms. 

4. Delivery and Fulfillment Issues 

Delayed deliveries, receiving damaged products during shipping, or complete non-delivery cause dissatisfaction. A customer might order a product like a laptop and receive it late, possibly with visible damage, which undermines trust in the retailer. 

5. Misleading Advertisements 

Many times consumers lodge complaints because the products or services they receive do not match the claims made in advertisements, such as false promises of features or benefits. This leads to feelings of deception and loss of confidence in the brand. 

6. Non-Delivery of Goods 

When products ordered online do not arrive, consumers file complaints about non-delivery. This affects their willingness to trust online commerce platforms and sellers, especially if refund processes are complicated or delayed. 

7. Poor Service Quality 

Inadequate or unprofessional service, such as faulty repair jobs or delayed responses, leads consumers to complain. When service quality does not meet expectations, it causes inconvenience and financial or emotional distress. 

What are the Penalties for Unfair Trade Practices? 

Here are some penalties for unfair trade practices under the Consumer Protection Act 2019: 

1. Section 72(1): Non-compliance with Orders 

Penalty: Imprisonment for not less than 1 month (up to 3 years) and/or a fine (not less than ₹25,000, up to ₹1,00,000). 

2. Section 88: Failure to Comply with CCPA Orders 

Penalty: Imprisonment up to 6 months, or a fine up to ₹20,00,000, or both. 

3. Section 89: False and Misleading Advertisements 

Penalty: Imprisonment up to 2 years and/or a fine up to ₹10,00,000 for the first offence; subsequent offences: up to 5 years imprisonment and/or ₹50,00,000 fine. 

4. Section 90(1): Manufacture/Sale of Adulterated Products 

(a) No injury: up to 6 months jail and/or ₹1,00,000 fine.   

(b) Non-grievous injury: up to 1 year jail and/or ₹3,00,000 fine.  

(c) Grievous hurt: up to 7 years jail and/or ₹5,00,000 fine (cognizable and non-bailable).  

(d) Death: minimum 7 years to life imprisonment, and not less than ₹10,00,000 fine (cognizable and non-bailable). 

Additional Penalties and Remedies 

➣ License Suspension or Cancellation: Businesses convicted for adulterated/spurious goods may face suspension of licenses for up to 2 years on first conviction and permanent cancellation on repeat offences. 

➣ Endorsement Ban: Endorsers of false or misleading ads can be barred from endorsements for 1 year (first offence) and 3 years (subsequent offences). 

➣ Product Recall/Service Withdrawal: CCPA can order recall of unsafe goods, withdrawal of hazardous services, refunds, and discontinuation of unfair trade practices. 

➣ Compensation and Refunds: Consumer commissions can award compensation, order refunds, repairs, replacements, or discontinuation of defective goods/services. 

➣ Corrective Advertisements: Businesses may be directed to issue corrective ads at their cost to counter misinformation. 

➣ Search and Seizure Penalties: Officers misusing search/seizure powers may face up to 1 year imprisonment and/or ₹10,000 fine. 

Tips to Safeguard Your Consumer Rights 

Here are the simple tips to protect your consumer rights effectively: 

➣ Research: It is very important to do proper research before buying anything. Always compare products, read reviews, and gather information to make informed choices. 

➣ Stick to a budget: Set a budget for the product that you want and then prioritize needs, seek deals, and avoid overspending. 

➣ Read return policies: Before making any purchase, make sure you read and understand all the policies, especially return policies. 

➣ Beware of scams: Always share your personal or financial information with trusted, reputable sources, especially online. 

➣ Read the fine print: The terms and policies are often written in small characters, so always read the review terms, conditions or any hidden fees. 

➣ Keep receipts and records: The bills, warranties, and proofs of purchase can play a key role if you even get the need to claim for returns or other legal claims. 

➣ Use secure payment methods: Prefer credit cards or payment platforms offering buyer protection; avoid sharing bank details unnecessarily. 

➣ Protect personal information: Data is the new currency so always try to protect your information using strong passwords, avoiding public Wi-Fi for transactions, and protecting your data. 

➣ Support reputable companies: Choose businesses with strong ethical practices and good quality products. 

➣ Speak up: Immediately raise complaints with sellers or customer service if issues arise, and escalate to consumer forums if needed. 

These tips are there to help consumers to protect their rights, avoid exploitation, and seek redressal confidently under laws like the Consumer Protection Act, 2019, and through mechanisms like the Central Consumer Protection Authority (CCPA) and online grievance portals. 

Conclusion

Every consumer should know their rights to protect themselves from exploitation, misleading advertisements, unsafe products, and unfair practices in the market. But these protections only work when consumers are aware, proactive, and responsible about their rights. 

Consumer protection is not just a legal shield, it’s a shared social responsibility. When consumers stand up for their rights, they don’t just protect themselves, they raise the standards of the entire marketplace. So, stay informed, act responsibly, and never hesitate to voice your concerns, because a strong consumer makes a stronger nation.