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Economic, Commercial and Intellectual Property Laws · Law relating to Consumer Protection

Procedure for Complaints, Mediation and Orders under the Consumer Protection Act

Updated 11 October 2026 · Fact-checked

A consumer files a complaint within two years of the cause of action (Section 69). The District Commission admits or rejects it, ordinarily within 21 days (Section 36). The opposite party gets 30 days to reply. The Commission decides on affidavits and documents, may refer the dispute to mediation, and enforces its order like a civil court decree (Section 71).

Understand Procedure for Complaints, Mediation and Orders

The Consumer Protection Act, 2019 gives a consumer a quick, low-formality route to redress. You file a complaint before the right Commission. The Commission checks it, admits it, hears both sides and passes an order. This topic is the step-by-step path of that journey.

Start with time. Under Section 69, a Commission shall not admit a complaint unless it is filed within two years from the date the cause of action arose. A late complaint can still be entertained if the complainant shows sufficient cause for the delay, and the Commission must record its reasons for condoning it.

Next comes admission under Section 36. The District Commission is run by the President and at least one member sitting together. On receipt of a complaint it may admit it or reject it. It cannot reject without giving the complainant a hearing. Admissibility is ordinarily decided within 21 days of filing. If the Commission does not decide within that time, the complaint is deemed admitted.

After admission, Section 38 sets the procedure. A copy goes to the opposite party, who has 30 days to give a version, extendable by up to 15 days. For goods with a defect needing analysis, a sample is sealed and sent to a laboratory, which reports within 45 days. For services, or goods where testing is not needed, the Commission decides on the evidence of both sides, or ex parte if the opposite party does not respond. If the complainant fails to appear, the Commission decides on merits.

The Act also promotes settlement. Under Sections 74 and 79, a consumer mediation cell is attached to each Commission. A dispute referred by the Commission is mediated in that cell by a nominated mediator. If mediation fails, the Commission proceeds with the complaint under Section 38(1). Final orders are enforced like court decrees under Section 71.

Key rules to remember

Limitation period
Complaint within 2 years from the date the cause of action arose (Section 69(1))
Delay can be condoned for sufficient cause, but the Commission must record reasons (Section 69(2)).
Admissibility timeline
Decide admissibility ordinarily within 21 days of filing; if not decided, complaint is deemed admitted (Section 36(2), (3))
A complaint cannot be rejected without giving the complainant a hearing.
Reference to opposite party (goods)
Copy of admitted complaint referred within 21 days of admission (Section 38(2)(a))
Opposite party has 30 days to reply, plus up to 15 more days if granted.
Opposite party's reply time
30 days + extension of not more than 15 days (Section 38(2)(a), 38(3)(a))
The Commission itself grants the extension. The opposite party cannot claim it as a right.
Laboratory report
Report within 45 days of receipt of reference, or extended period granted (Section 38(2)(c))
Applies only where the defect cannot be found without analysis or test.
Target for disposal
3 months from receipt of notice by opposite party; 5 months if testing is required (Section 38(7))
It is an endeavour, not a hard bar. Reasons must be recorded if disposal is later.
Mode of hearing
Hearing on affidavit and documentary evidence (Section 38(6))
Personal or video-conference hearing allowed on sufficient cause, with reasons recorded in writing.
Enforcement
Order enforced as a civil court decree under Order XXI of CPC (Section 71)
References to decree are read as references to the order.

How to solve Procedure for Complaints, Mediation and Orders questions

For any question on consumer complaint procedure, walk through the life of the complaint in order. Cite the section at each stage, then apply it to the facts.

  1. 1Identify the stage the question tests: limitation, admission, notice and reply, testing, hearing, mediation, interim order or enforcement.
  2. 2Check limitation first. Find the date the cause of action arose and count two years under Section 69(1).
  3. 3If the complaint is late, look for sufficient cause and state that the Commission must record reasons for condoning delay (Section 69(2)).
  4. 4Apply the admission rules of Section 36: 21 days, hearing before rejection, and deemed admission if no decision.
  5. 5Apply Section 38: the 30-day reply plus 15-day extension, the lab route for goods needing testing, and the ex parte route for services.
  6. 6Consider mediation (Sections 74 and 79) and interim orders (Section 38(8)) if the facts mention settlement or urgent relief.
  7. 7End with enforcement under Section 71 if an order is not obeyed.
  8. 8Write a clear conclusion that answers the exact question asked.

Quickest way: Timeline-first answer

When to use it: Use when the question gives dates and asks whether a step is valid or on time.

  1. List the dates given and the rule that applies: 2 years, 21 days, 30 + 15 days, 45 days, 3 or 5 months.
  2. Count from the correct starting point: cause of action, filing, admission, or receipt of notice.
  3. State the section next to each period.
  4. Add the exception: delay condoned for sufficient cause with reasons, or deemed admission.
  5. Write the conclusion in one line.

Common mistakes in Procedure for Complaints, Mediation and Orders

  • Saying a complaint filed after two years is always barred.

    Students remember Section 69(1) and forget Section 69(2).

    Fix: State both. Late complaints can be entertained for sufficient cause, but only after the Commission records reasons for condoning the delay.

  • Saying a complaint not decided in 21 days is rejected.

    Students assume silence means refusal.

    Fix: Section 36(3) says the opposite. If the Commission does not decide admissibility in time, the complaint is deemed admitted.

  • Mixing up the 21-day periods.

    Section 36 and Section 38 both use 21 days.

    Fix: Remember: 21 days from filing to decide admissibility; 21 days from admission to refer the copy to the opposite party in goods cases.

  • Treating the 3 or 5 month disposal period as mandatory.

    The numbers look like a strict deadline.

    Fix: Section 38(7) says endeavour shall be made. If disposal is later, the Commission records reasons in writing.

  • Saying oral evidence is the norm in consumer hearings.

    Students compare it with a civil trial.

    Fix: The default under Section 38(6) is affidavit and documentary evidence. Personal or video hearing needs sufficient cause and recorded reasons.

  • Placing mediation outside the Commission system.

    Students think of mediation as private.

    Fix: Mediation is held in the consumer mediation cell attached to the Commission (Section 79(1)), after reference by the Commission.

Worked examples

Example 1

Meera bought a refrigerator on 10 March 2025. It stopped working on 5 June 2025 and the seller refused repair in writing on 20 June 2025. She files a complaint on 15 July 2027. Can the District Commission admit it?

Show the solution
  1. Provision: Section 69(1) bars admission unless the complaint is filed within two years from the date the cause of action arose.
  2. Facts: the cause of action arose when the seller refused repair on 20 June 2025. Two years end on 20 June 2027.
  3. Meera filed on 15 July 2027, which is after the period, so the complaint is late.
  4. Section 69(2) allows a late complaint if she satisfies the Commission that she had sufficient cause for the delay.
  5. The Commission must record its reasons for condoning the delay before entertaining it.

Answer: The complaint is time-barred under Section 69(1). The Commission can still admit it only if Meera shows sufficient cause, and it must record its reasons for condoning the delay.

Example 2

A complaint about defective services is filed before a District Commission on 1 April. The Commission does not pass any order on admissibility. After admission, the opposite party gives no reply within the time allowed. Explain the position and how the Commission will proceed.

Show the solution
  1. Provision: Section 36(2) says admissibility is ordinarily decided within 21 days of filing.
  2. Under Section 36(3), if the Commission does not decide within that period, the complaint is deemed admitted.
  3. Because the complaint concerns services, Section 38(3) applies. A copy goes to the opposite party, who must reply within 30 days, extendable by up to 15 days.
  4. If the opposite party omits or fails to represent its case in that time, Section 38(3)(b)(ii) lets the Commission settle the dispute ex parte on the complainant's evidence.
  5. The hearing is on affidavit and documents under Section 38(6).

Answer: The complaint is deemed admitted after the 21-day period. Since the opposite party did not reply within 30 days (plus any extension of up to 15 days), the Commission will decide the complaint ex parte on the complainant's evidence.

Exam tips

  • Learn the numbers as a table in your head: 2 years, 21 days, 30 + 15 days, 45 days, 3 and 5 months. Questions often hinge on one of them.
  • Always cite the section next to each time limit. ICSI-style answers earn marks for the provision.
  • In a long answer, follow the order: limitation, admission, notice and reply, testing or evidence, mediation, order, enforcement.
  • Use the exact words 'sufficient cause' and 'deemed admitted' where they apply.
  • Separate the goods route (Section 38(2)) from the services route (Section 38(3)) in every procedure answer.

Practice questions from Law relating to Consumer Protection

Procedure for Complaints, Mediation and Orders in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Procedure for Complaints, Mediation and Orders: frequently asked questions

What is the limitation period for a consumer complaint under the 2019 Act?

Two years from the date the cause of action arose (Section 69(1)). A late complaint can be entertained if the complainant shows sufficient cause, and the Commission must record reasons for condoning the delay.

Within how many days must the District Commission decide admissibility?

Ordinarily within 21 days of filing (Section 36(2)). If it does not decide in that time, the complaint is deemed admitted. It cannot reject a complaint without hearing the complainant.

Where is consumer mediation held?

In the consumer mediation cell attached to the District, State or National Commission (Section 79(1)). The mediator is nominated by the Commission that referred the dispute and is guided by natural justice.

How are consumer commission orders enforced?

Under Section 71, every order is enforced by the Commission as if it were a civil court decree. Order XXI of the Code of Civil Procedure applies as far as may be, with references to a decree read as references to the order.

Can the Commission pass an interim order?

Yes. Under Section 38(8), if it appears necessary during the pendency of a proceeding, the District Commission may pass an interim order that is just and proper on the facts.