Section 35: Manner in which complaint shall be made

Consumer Protection Act • Official Statutory Text & Practice Guide

Statutory Complaint
Limitation: 2 Years
District Consumer Commission
Act 2019

Legal Commentary & Landmark Judgments: Section 35

Section 35 of the Consumer Protection Act sets out the procedural framework for instituting a complaint before the District Commission, providing for electronic filing and mandatory admissibility determination within twenty-one days.

  • Procedural Mechanism: Section 35 simplifies the procedural mechanism for initiating consumer litigation.
  • Core Legal Standard: A complaint may be filed by a consumer, any voluntary consumer association, one or more consumers having the same interest (class action), or the Central/State Government.
  • Sub-Section (1) Provision: Sub-section (1) explicitly recognizes electronic filing (e-daakhil) of complaints.
  • Sub-Section (2) Provision: Under sub-section (2), where multiple consumers have a common grievance, a representative complaint can be maintained.

If the Commission fails to decide on admissibility within twenty-one days, the complaint is deemed to have been admitted by operation of law.

Key Landmark Precedents:
  • National Insurance Co. Ltd. v. Nitin Khandelwal (2008) 11 SCC 259: The Supreme Court affirmed that consumer forums must avoid procedural hyper-technicalities; genuine consumer grievances must be adjudicated on substantial justice rather than procedural technicalities.
Legal Commentary:

Section 35 combined with the e-Daakhil portal allows citizens to file consumer complaints from any computer without physically engaging legal counsel. The 21-day deemed admission rule eliminates bureaucratic delays at the threshold stage of consumer litigation.