Consumer Protection Act 2019 Section 35: Manner of Filing a Complaint (2026)

Explainer · Consumer Law · CPA 2019

Updated for 2026 · Claw Editorial

Section 35 of the Consumer Protection Act, 2019 tells you how to bring a complaint before the District Consumer Commission. It covers who is allowed to file, the form and fee, the option to file online, and an important relief: the complainant can choose not to be present in person at the hearing. This is the section you look at once you know the District Commission has jurisdiction. The 2019 Act widened who can complain and allowed electronic filing, which is why the e-Daakhil portal now carries the heading "Complaint under Section 35". This explainer sets out what Section 35 says, how it works, key case law, and a practical note. Last verified October 2026.

01What Section 35 says

Section 35 is headed "Manner in which complaint shall be made". It lists who may file a complaint with the District Commission, allows the complaint to be filed in electronic form, lets the government prescribe the fee, and gives the complainant the choice of not being personally present at the hearing. In short, it is the how-to-file section for the District Commission.

The section works together with the rules and regulations made under the Act, which fix the exact fee slabs and the format of the complaint.

02Who can file a complaint

Section 35 widens who can complain, so the complaint is not limited to the buyer alone. It can be filed by:

• the consumer to whom the goods were sold or delivered, or the service was provided or agreed to be provided;
• any recognised consumer association, whether or not the consumer is a member of it;
• one or more consumers, on behalf of numerous consumers having the same interest, with the permission of the Commission;
• the Central Government, the Central Authority, or a State Government; and
• in the case of death of a consumer, the legal heir or legal representative; and in the case of a minor, the parent or legal guardian.

This is wider than most people expect. A consumer association can take up a complaint for a consumer, and a group of similarly affected consumers can file together with the Commission's permission.

03Fee, form and online filing

The complaint must be accompanied by the prescribed fee, which is set in slabs by reference to the value of the goods or services. Section 35 specifically allows the complaint to be filed in electronic form, which is why most consumers now use the e-Daakhil portal rather than filing on paper.

The complaint should set out the facts, the defect or deficiency, and the relief sought, with the supporting documents. For the practical steps and the online process, see filing a consumer complaint on e-Daakhil and the format of a consumer complaint.

04The right not to appear in person

Section 35(2) gives a useful relief. The complainant can choose not to be present, in person or through a representative, at the hearing, and the Commission will then decide the complaint on the basis of the material on record. This helps a consumer who cannot attend every date, for example someone living far from the commission.

This fits the aim of the 2019 Act, which was to make consumer redress quicker and less burdensome than a regular civil suit.

05Key case law

Most litigation around filing turns on the related sections, but a few points recur under Section 35.

• Who is a complainant: Commissions apply Section 35 with the definition of a consumer, so a person buying goods or services for a commercial purpose is usually not a consumer and cannot file, subject to the self-employment exception.
• Representative complaints: Decisions confirm that a group complaint for numerous consumers with the same interest needs the Commission's permission, following the pattern of a representative action.
• Electronic filing: The move to e-Daakhil is treated as a valid mode of filing under Section 35, and defects in online filing are usually curable.

Pull the current decisions on the specific point, because the way commissions treat who can file keeps developing.

06A practical note

File carefully. Make sure the person filing is a proper complainant under Section 35, attach the correct fee for the value slab, and keep the documents complete, because missing papers are the main reason complaints are delayed. Use the electronic route through e-Daakhil, which gives you an acknowledgment and a case number.

If you cannot attend hearings, note the option under Section 35(2) to not be present, but keep your evidence on record so the Commission can decide in your favour. Once the complaint is filed, you can follow it online; see how to check consumer case status on e-Jagriti.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

How a complaint is framed, who can file it, and whether a representative complaint is allowed are all questions commissions have answered many times. Claw lets you search more than 30 crore judgments on consumer complaints, with results in under 5 seconds, so you can see how similar complaints were drafted and decided. You can also track a filed complaint, with its orders and hearings, by party or advocate name across 9,102 courts, benches and forums, with reported authority from Supreme Court rulings of 1950 and High Court rulings of 1990. Claw does not use your case documents to train its AI models.

Create a free Claw account to study how similar complaints were decided and to follow your filed matter, and use case search across Indian courts to find consumer decisions on point.

08Sources and further reading

• India Code (Consumer Protection Act, 2019, bare text): indiacode.nic.in
• Department of Consumer Affairs: consumeraffairs.nic.in
• e-Daakhil (online complaint portal): edaakhil.nic.in
• Claw: clawlaw.in

This explainer is general information, not legal advice. The law, fees and forms change, so check the current text and take advice from an advocate before you act.

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