Reply to a consumer complaint: for businesses

What it is

A customer has filed a complaint against your business before a Consumer Disputes Redressal Commission — the consumer court — under the Consumer Protection Act, 2019. In the case, the customer is the complainant and your business is the opposite party.

Once the Commission admits the complaint, it sends you a copy and directs you to give your version of the case — usually called the written version or reply. That is the business's one full chance to put its side in writing. The case is then decided mainly on affidavits and documents (Section 38(6)), so what goes into the version and its annexures largely decides the result.

This page is for businesses — sellers, manufacturers, service providers, hospitals, builders, banks, insurers — who have received such a notice. If you are the customer, read the Consumer Commission complaint guide.

When it applies

Whenever a District, State or National Commission issues notice to you on a complaint. The same procedure applies at the State Commission (Section 49). The notice comes with copies of the complaint and the documents filed (Regulation 10, Consumer Commission Procedure Regulations 2020).

What the complaint can lead to: an order to remove a defect, replace the goods, refund the price with interest, pay compensation for loss or injury caused by negligence — with punitive damages (extra damages to punish) in suitable cases — stop an unfair trade practice, and pay costs (Section 39).

The steps and the timeline

1. Day 0 — note the date of receipt. Under Section 38, you have 30 days to give your version, and the Commission can extend this by not more than 15 days. Courts have held that a version filed after these 45 days cannot be taken on record. Diary both dates the day the notice arrives.

2. First week — collect the records. The invoice and order record, warranty and terms, job cards and service history, call-centre and email logs, internal reports, and anything the customer signed. Identify who in the business knows the facts and can swear the evidence affidavit.

3. Check the objections. These go at the start of the version:

• Is the complainant a "consumer"? The Act excludes goods bought for resale or for a commercial purpose, and services hired for a commercial purpose, except goods used only to earn a living by self-employment (Section 2(7)). A free service or a contract of personal service (employment) is not a "service" under the Act (Section 2(42)).
• Is it in time? A complaint must be filed within two years of the cause of action, unless the Commission excuses the delay for sufficient cause and records why (Section 69).
• Is it in the right Commission? Pecuniary jurisdiction — the money limit — depends on what was paid, not on what is claimed (Rule 3, Jurisdiction Rules 2021, for the District Commission). Territorial jurisdiction — the place — is set by Section 34(2): where the opposite party resides or does business, where the cause of action arose, or where the complainant lives or works for gain.
• Are the right parties named? A manufacturer sued for a dealer's service failure, or the reverse, can say so.

4. Answer the facts. Go through the complaint paragraph by paragraph: admit what is true, deny what is not, and give your account with dates. Attach the documents. Say what you offered the customer before the complaint, if anything.

5. File the version. File it within the time, with copies served on the complainant. After you have appeared, the registry will not accept an application or document unless it shows a copy was served on the other side (Regulation 10(6)).

6. Mediation, if both agree. At the first hearing or later, the Commission can refer the case to mediation with written consent from both sides (Section 37). For many disputes this is the cheapest end.

7. Evidence and arguments. Both sides file evidence on affidavit. Adjournments are allowed only in exceptional circumstances and can carry costs (Regulation 11). If you are represented by an advocate, a brief of written arguments must be filed two days before the arguments date (Regulation 13).

8. The order, and after. The Commission is asked to try to decide within three months of your receiving notice, or five months where goods must be tested (Section 38(7)). After the order:

• review for an error apparent on the face of the record, within 30 days (Section 40);
• appeal to the State Commission within 45 days, after depositing 50% of any amount you were ordered to pay (Section 41);
• compliance — the order is enforced like a decree (Section 71), and non-compliance is punishable with imprisonment of one month to three years, a fine, or both (Section 72).

If an order was passed without you. An application to set aside an ex parte order (one made in your absence) must be made within 30 days of the order or of receiving it (Regulation 14).

Documents needed

• The notice, the complaint and every annexure served on you.
• The invoice, order confirmation and payment record.
• Warranty, terms and conditions, and anything the customer accepted when buying.
• Job cards, service reports, inspection or test reports.
• Emails, chats, call logs and complaint tickets, with dates.
• Any offer of repair, replacement or refund made to the customer, and the reply.
• A board resolution or authority letter for the person who signs the version and the evidence affidavit, if the business is a company or firm.

Typical cost

• Filing fee: the fee rule (Rule 7, Consumer Disputes Redressal Commissions Rules 2020) charges a fee on complaints, not on a written version. Check any copying or process charges with the Commission's registry.
• The advocate's fee varies with the Commission, the amount claimed and how many hearings are expected. An independent advocate from our panel quotes their own fee before you pay anything.
• On appeal, plan for the 50% deposit of any amount ordered.

What the advocate does

• Reads the complaint against your records and tells you where the business stands.
• Diarises the 30- and 45-day limits and files the version in time.
• Raises the objections that apply — consumer status, limitation, jurisdiction, wrong party.
• Drafts the version and the evidence affidavit, with the documents in order.
• Appears at the hearings and argues the case; handles mediation if it is offered.
• Advises on review, appeal and compliance after the order.

The self-serve document that comes before it

There is none. A reply to a consumer complaint is filed in a case already pending, and should be prepared by the advocate who will appear for the business. If you want a first view before choosing one, a 30-minute call with an independent advocate from our panel starts at ₹999.