District Commission Jurisdiction and Manner of Filing Consumer Complaints
The law governing District Consumer Disputes Redressal Commissions is now the Consumer Protection Act, 2019. The provisions corresponding to the former Sections 11 and 12 of the Consumer Protection Act, 1986 are principally Sections 34 and 35 of the 2019 Act.
Current District Commission pecuniary jurisdiction
Section 34(1) of the Consumer Protection Act, 2019 deals with the pecuniary jurisdiction of the District Commission. Although the enacted text referred to consideration not exceeding Rs. 1 crore, the Central Government subsequently prescribed a different limit under the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.
| Consumer Commission | Current pecuniary jurisdiction based on consideration paid |
|---|---|
| District Commission | Does not exceed Rs. 50 lakh |
| State Commission | Exceeds Rs. 50 lakh but does not exceed Rs. 2 crore |
| National Commission | Exceeds Rs. 2 crore |
Section 34: Territorial jurisdiction of the District Commission
Under Section 34(2), a consumer complaint may be instituted before a District Commission within the local limits where any applicable statutory ground exists. In practical terms, jurisdiction may arise where:
- the opposite party, or each opposite party where there is more than one, ordinarily resides, carries on business, has a branch office, or personally works for gain;
- where there are several opposite parties, any one of them resides, carries on business, has a branch office, or personally works for gain, subject to permission of the District Commission as required by the provision;
- the cause of action arises wholly or partly; or
- the complainant resides or personally works for gain.
This last ground is an important feature of the 2019 Act because it expressly enables filing based on the complainant's residence or place of work, subject to the other requirements of the Act.
Section 35: Manner in which a consumer complaint may be filed
Section 35 of the Consumer Protection Act, 2019 specifies who may file a complaint before the District Commission and recognises electronic filing. A complaint relating to goods or services may be filed by the following persons or authorities:
1. Consumer
The consumer to whom the goods are sold, delivered or agreed to be sold or delivered, or to whom the service is provided or agreed to be provided, may file the complaint. A consumer alleging an unfair trade practice concerning the goods or service may also file.
2. Recognised consumer association
A recognised consumer association may file a complaint whether or not the affected consumer is a member of that association. For Section 35, a recognised consumer association means a voluntary consumer association registered under any law for the time being in force.
3. One or more consumers with the same interest
Where numerous consumers have the same interest, one or more consumers may, with the permission of the District Commission, file on behalf of or for the benefit of all consumers so interested.
4. Government or Central Authority
The Central Government, the Central Consumer Protection Authority or the State Government, as applicable, may also file a complaint.
Electronic filing and prescribed fee
Section 35 expressly permits electronic filing in the prescribed manner. Every complaint must also be accompanied by the prescribed fee, which may be paid in the prescribed manner including electronically. Consumers should use the current official consumer-commission filing platform and applicable procedural rules when preparing an online complaint.
What is a "complaint" under the Consumer Protection Act, 2019?
Section 2(6) defines a complaint as an allegation in writing made by a complainant for obtaining relief under the Act. Depending on the facts, it may concern an unfair contract, unfair or restrictive trade practice, defective goods, deficient services, excess price, hazardous goods or services, or a product liability claim.
Who is a "consumer"?
Section 2(7) broadly covers a person who buys goods or hires or avails services for consideration, including specified users or beneficiaries with the purchaser's or hirer's approval. The definition generally excludes goods obtained for resale or commercial purpose and services availed for commercial purpose, subject to the statutory explanation concerning use by a person exclusively for earning livelihood by means of self-employment.
Old Sections 11 and 12 of the Consumer Protection Act, 1986
The original version of this page reproduced Section 11 on jurisdiction of the District Forum and Section 12 on the manner in which a complaint could be made under the Consumer Protection Act, 1986. That earlier regime used the term "District Forum" and, at one stage, a pecuniary ceiling of Rs. 20 lakh. Those provisions should not be used to determine jurisdiction for a complaint governed by the current 2019 Act.
Practical points before filing
- Identify the correct Commission using the current pecuniary limits and the consideration actually paid for the goods or services.
- Check territorial jurisdiction under Section 34(2), including the complainant's residence or place of work and where the cause of action arose.
- State the defect, deficiency, unfair trade practice or other statutory basis of the complaint clearly and attach supporting documents.
- Claim relief that is available under the Consumer Protection Act, 2019 and supported by the facts and documents.
- Check the limitation period under Section 69 and explain any delay where condonation is sought.
- For online filing, follow the current instructions on the official e-Jagriti platform.
Official legal resources
For the current statutory text, rules and filing procedure, refer to the official resources linked in the sidebar. The Department of Consumer Affairs publishes the Consumer Protection Act, 2019 and rules made under it, including the 2021 jurisdiction rules.
Disclaimer: This page is for general legal information. Jurisdiction and filing requirements can depend on the facts, the relief sought, subsequent amendments, rules and binding judicial decisions.