How to file Complaint Before the State Commission
In this article, we discuss how to file the complaint before the State Commission. This article covers each step in detail as explained below.
- How to file Consumer Complaint before the State Commission
- How to challenge the order of the Consumer Commission before the State Commission
- Limitation period for filing before the State Commission
- Filing process online and offline.
- Format of Complaint for filing before the State Commission
- Frequently asked questions (FAQs) with answers.
How to challenge the order of the Consumer Commission before the State Commission
The consumer can directly file the complaint without approaching any other authority when certain conditions are fulfilled under the Consumer Protection Act, 2019.
Conditions for direct filing the complaint before the State Commission
Defective goods or deficiency in service
The consumer can directly file the complaint if the goods purchased are defective or the services given by the service provider are poor, delayed or incomplete.
Unfair Trade Practice
If the seller or service provider chooses unfair methods such as false advertisements, misleading offers, or hidden charges, the consumer can file a complaint directly.
Overcharging or illegal charges
when the consumer is charged more the the fixed value or displayed price, the Consumer directly file the consumer complaint
Non-refundable or non-replacement
When the seller refused to refund the amount or replace the defective products, the consumer had the right to file the complaint before the consumer commission.
Online shopping issues
If there is a delay in delivery of products, wrong product delivery, denial of refund, or fake products, the e-commerce website/platform allows direct filing of a complaint.
No Lawyer/Advocate Required
The consumer can file the complaint before the Consumer Commission without deputing/hiring an advocate/lawyer through the e-Jagriti portal, along with physical filing being mandatory. (If the issue is complex depute an advocate/lawyer.)
Important Note
The consumer must remember that the complaint can be filed before the State Commission (SCDRC) only when the total value involved in the dispute is more than Rs 50 Lakhs and up to Rs 2 Crores.
If the consumer is not satisfied with the order/judgment passed by the District Consumer Dispute Redressal Commission. The consumer may approach the state commission by filing the first appeal. And the consumer should also remember that before filing any complaint or appeal, the consumer should carefully ensure the jurisdiction of the case lies with the State Commission, not the District Commission.
FORMAT OF FIRST APPEAL PDF File Click Here
How to file Consumer Complaint before the State Commission
The consumer complaint before the State Consumer Dispute Redressal Commission (SCDRC) can be filed online through the e-Jagriti portal, which is the official website of the government platform for the consumer cases in India. The consumer should approach the Consumer Commission when the value of the goods or services and compensation claim is more than 50 lakh and up to Rs 2 crore.
Note:- As per the Consumer Protection Act, 2019, the Consumer Commission focuses on the value of the goods/services paid as consideration for the jurisdiction.
To file the complaint, the consumer must visit the official website e-jagriti.gov.in and create an account using the mobile number and Email ID and after logging in to the portal, the consumer should click on the option ‘File New Case’ and select the consumer complaint, and the portal will ask for details of the consumer, the respondent/opposite party, and the brief explanation of the issue faced. The consumer must clearly explain what went wrong and what relief is being sought, such as a refund of the amount, replacement of products/goods, or compensation.
After entering the above details, the consumer needs to upload supporting documents like the index of complaint, the format, pleadings, the memo of complaint, the complaint with affidavit, and the annexure, like bills, receipts, emails, and photographs, separately uploaded on the e-Jagriti portal. making the process simple and transparent.
Important Tips for the Consumers
- The consumer always tries to resolve the issue with the seller or service provider before filing the complaint in the consumer commission.
- The consumer files the complaint within the limitation period (within 2 years from when the cause of action arises.)
- The consumer clearly calculates the total claim amount and ensures that the jurisdiction.
- Consumers write the facts in a simple and truthful manner and avoid the unnecessarily legal word.
- Upload the clear and readable document on the e-jagriti portal and if blurred files are uploaded, it may cause the delay.
- The consumer mentions the names of the parties and addresses correctly in the complaint and e-Jagriti portal while filing online.
- The consumer must check all the details before final submission on the e-Jagriti portal
- The consumer saves the note or reference number or case number generated after final submission.
- After submission, the consumer needs to visit physically before the State Consumer Dispute Redressal Commission and submit the original copy of the complaint/copy of the first appeal in the registry of the State Commission.
- The consumer keeps a printed or digital copy of the complete complaint and annexure/documents for future reference.
- The consumer can appear without Advocate/lawyer but if the case is complex, depute an advocate/lawyer.
Limitation period for filing before the State Commission
The limitation period for filing the complaint before the District Commission, State Commission, and National Commission is 2 years as per the Consumer Protection Act 2019. (The date starts from when the cause of action first arose.)
And for the appeal against the consumer commission’s order/judgment, the period is 45 days. (The date stars when the certified copy of the order/judgment received.) and the state commission (SCDRC) entertains the appeal beyond the 45 days. if the Commission was satisfied there was sufficient cause for delay but often required a deposit of 50% of the awarded amount.
For better understanding, read the official guideline and detailed explanation. Click Here
Filing process online and offline.
As per the procedure followed on the e-Jagriti portal, the consumer case is not completed by online submission alone. After online filing the consumer complaint, first appeal, revision petition, second appeal or miscellaneous application on the e-Jagriti portal, the consumer is also required to submit the original hard copies of the complaint and all the supporting documents to the Registry of the Consumer Commission.
The consumer must submit the physical documents along with the reference number generated at the time of the online filing in the e-Jagriti portal. if the original copies of the complaint and documents are not submitted to the registry of the commission. The case may not be listed for the hearing before the commission.
While filing online on the portal of e-Jagriti, the consumer must upload the documents separately, such as the index, format, pleadings affidavit, memo of parties, complaint, and supporting evidence annex ures/documents.
Incomplete or improper uploading of documents can also cause delay.
IMPORTANT POINT FOR THE CONSUMERS
Before filing any case, whether the consumer complaint, first appeal, revision, second appeal, or miscellaneous application, the consumer is strongly advised to visit the registry of the concerned consumer commission. The consumer should clearly understand the procedure, documentation, requirement and filing process applicable to that commission.
The consumer filing the complaint without proper knowledge of the procedure may delay the process and cause unnecessary frustration. The proper preparation and compliance with the registry of the commission ensure smooth listing and faster progress of the case.
Format of Complaint for filing before the State Commission
BEFORE THE HON’BLE STATE CONSUMER DISPUTE REDRESSAL COMMISSION (STATE NAME)
COMPLAINT No._________OF 2025
FIRST APPEAL No.__________OF 2025 (If change the order of DCDRC)
IN THE MATTER OF:
Name of the Complainant/Appellant …..Appellant
Versus
Name of the opposite Party/Respondent …..Opposite Party
(Heading of the Consumer Complaint) -> CONSUMER COMPLAINT UNDER SECTION 47 (1) (a) OF THE CONSUMER PROTECTION ACT 2019, ON BEHALF OF THE COMPLAINANT/NAME OF THE COMPLAINANT
(Heading of the First Appeal) FIRST APPEAL UNDER SECTION 51 OF THE CONSUMER PROTECTION ACT 2019, CHALLENGING THE ORDER/JUDGMENT DATED __________ PASSED BY THE DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION (DISTRICT NAME) TITLE AS COMPLAINANT (NAME) VS RESPONDENT (NAME) & ORS VIDE CC No._________(CASE NUMBER OF COMPLAINT).
MOST RESPECTFULLY SHOWETH
That this Hon’ble State Consumer Dispute Redressal Commission has jurisdiction to entertain and try the present complaint as the value of the/service exceed the limit of Rs50 Lakhs but does not exceed of Rs2 crores. and the cause of action arose within the territorial jurisdiction of this Hon’ble Commission.
Facts of the case.
- That the complainant is the consumer within the meaning of the consumer protection act 2019.
- That the opposite party/respondent is engaged in the providing ______selling/service _____Goods.
- That on ______(dated), the complainant had purchased/complaints date___. The opposite party/respondent failed to ________
- That the acts of the opposite party/respondent amount to deficiency in service/unfair trade practice under the Consumer protection act 2019.
Cause of Action
Aggrieved party/complainant/respondent mention that the cause of action first arose on ______(Date) and continues till dated as the grievance of the complainant has not been released.
(Extra facts as per your case also mention in detailed.)
GROUND FOR THE COMPLAIN
- The complainant/respondent relied on the following ground
- deficiency in service by the opposite party/respondent
- unfair trade practice
- Violation of the statutory and contractual obligation.
- Mental agony, harassment, financial loss caused to the aggrieved party.
Relief Sought in Prayer
In view of the above facts and circumstances, the party respectfully prayed that this Hon;ble Commission may be please to
- Direct the opposite party/respondent to __________(refund the amount/replace the products/rectify
- Award the compensation of Rs______ for mental agony and harassment
- Award the litigation cost of Rs______
- Pass any other orders as this Hon’ble Commission may deem fit and proper in the interest of the justice.
Interim relief (If any)
The aggrieved party pray that this Hon’ble Commission may kindly direct the opposite party/respondent to ________
List of the documents which need to place with the complaint
- Copy of the agreement
- Copy of invoice
- Copy of Email
- Copy of Legal Notice
- Copy of the Payment proof
- Copy of any other Documents
For the First Appeal
- Copy of the certified copy of order/judgment passed by the DCDRC
- Copy of the Complaint
- Copy of the Written Statement
- Copy of the Evidence of Both parties
- Copy of the Rejoinder if filed before the DEDRC
- Copy of the any other documents/Annexure which is necessary for the adjudication.
Note:- The aggrieved party must attached an affidavit with the complaint/First Appeal.
PDF Format of First Appeal for Drafting Click Here
FAQs -> Frequently asked questions
Who can file the Complaint before the State Commission (SCDRC)?
Any person where the claim value is above of Rs50 Lakh and upto of Rs2 Crores
Is a lawyer is mandatory?
No, the consumer can file the complaint personally (but in complex matter, advocate/lawyer is required)
What is the limitation period?
2 Years from the date of the cause of action.
How to challenge the order of the District Commission?
by Filing the First Appeal within 45 days before the State Commission
Can the complaint be filed online?
Yes, complainant can filed the case through e-jagriti.gov.in and physical filing is also required
Is an affidavit is compulsory?
Yes, an Affidavit must be attached with the complaint/appeal
Disclaimer
This Article is intended for the general information and educational purposes only. It does not constitute legal advice. Reader are advised to consult with qualified legal advocate/lawyer before taking any action based on this information.