Consumer Complaint Defence for Companies in Delhi

The first 30 days

When a consumer complaint is admitted, the Commission sends a copy to the company with a direction to give its version within 30 days. The Consumer Protection Act, 2019 allows at most 15 more days, and after the Supreme Court’s Constitution Bench ruling in the Hilli Multipurpose Cold Storage case, a Commission cannot accept a reply filed later. A company that misses the window is left to contest the complainant’s evidence without its own pleaded case.

In those 30 days we collect the order and invoice, the terms and conditions accepted at purchase, the warranty and service records, the complaint history in the company’s CRM, and any communications with the complainant. Most complaints are won or lost on what those records show.

The written version is signed and verified for the company by an officer authorised to do so, so a board resolution or letter of authority should be in place before the filing date. Where several group companies, a dealer and a service centre are all named, we check early whether their interests conflict; a manufacturer and its dealer often blame each other, and separate representation may be needed.

Preliminary objections

Before the merits, a written version should take every objection that genuinely arises:

• Not a consumer. A purchase for a commercial purpose is outside the Act. A distributor complaining about stock, or a company complaining about equipment used in its production line, may not be a consumer at all.
• Pecuniary jurisdiction. The forum depends on the consideration paid, not on the compensation claimed. Inflated claims meant to reach a higher Commission can be objected to.
• Territorial jurisdiction. The complainant’s choice of place must fit one of the grounds in the Act.
• Limitation. Two years from the cause of action, unless the delay is condoned with reasons.
• Arbitration or other forums. An arbitration clause in a consumer contract does not by itself oust the Commission, and we say so rather than raise a weak objection that annoys the bench.

Objections that fail cost credibility, so we take only those the facts support.

The defence on the merits

On the merits, the question is usually whether there was a “defect” in goods or a “deficiency” in service, or an unfair trade practice. The answer turns on the specification promised, what was delivered, how the complaint was handled and whether the company offered a reasonable remedy. A company that repaired, replaced or refunded in line with its policy, and can show it, is in a stronger position than one that ignored the complaint.

Evidence is led by affidavit. Where the defect is technical, such as a manufacturing fault in a vehicle or machinery, the company should consider whether expert evidence or a request for laboratory testing under the Act is needed, and be ready for the cost and time it adds.

Settlement and mediation

Not every complaint should be defended to the end. Where the amount is modest, the facts are unhelpful or the publicity risk is high, a settlement through the Commission’s mediation cell or directly with the complainant is often the commercial answer. We give a written assessment of the likely exposure, including interest and costs, so that the decision is taken on numbers. No lawyer can promise how a Commission will rule, and we do not.

Builders, platforms and repeat complaints

Some businesses face complaints in volume: real estate developers on delayed possession, e-commerce platforms on deliveries and refunds, and manufacturers on product defects. For these, the work extends beyond individual cases to reviewing standard terms, complaint-handling processes and settlement policy. Delayed-possession complaints against developers often also involve the RERA and civil routes compared in our note on builder delay remedies. Contract disputes with dealers and distributors are handled by our commercial disputes team, and wider regulatory questions by our corporate practice.

Appeals

An appeal from a District Commission order goes to the State Commission within 45 days, and from a State Commission’s original order to the National Commission within 30 days, each with a deposit of half the amount ordered. We advise within days of the order whether an appeal is worth that deposit.

Speaking to us

Send the complaint, the notice from the Commission with its date of receipt, and the purchase and service records. We tell you at the first meeting the date the reply is due, the objections available and whether settlement should be explored. Call or WhatsApp 99115 44811, or email manujalawyers@gmail.com.